Executor of a Will in Turkey: Civil Code Articles 550–556 for Foreign Estates

1. Article 550 requires appointment by testamentary disposition

The executor of a will—vasiyeti yerine getirme görevlisi—derives authority from the testator’s testamentary appointment and the Civil Code. Article 550 permits appointment of one or several executors in the will. A family member does not become executor merely because relatives informally describe that person as the person who will “handle the estate.”

The testamentary instrument should identify the executor clearly enough to avoid uncertainty. Where the will was made abroad, formal validity must be analysed separately under Turkish private international law and, where applicable, the 1961 Hague Convention on the Form of Testamentary Dispositions.

The appointment can also define or limit the executor’s task. Article 552 gives broad default powers unless the testator has provided otherwise or assigned a limited duty. The actual will must therefore be read before assuming that every executor has the entire statutory mandate.

2. The executor must have full legal capacity when the duty begins

Article 550 requires the executor to possess full legal capacity at the time the duty begins. The relevant moment is commencement of the function, not simply the date on which the will was signed.

The Civil Court of Peace notifies the appointed person of the duty. Article 550 then creates a specific acceptance mechanism: unless the appointed person informs the court within fifteen days from notification that the duty is not accepted, the appointment is deemed accepted.

An overseas executor should therefore record the formal notification date immediately. Informal family knowledge of the appointment is not a safe substitute for examining the court notification when calculating the statutory fifteen-day period.

3. Article 550 allows the executor to request a reasonable fee

The final paragraph of Article 550 provides that the executor may request a reasonable fee for the service. The statute does not create an unlimited right to set any amount unilaterally.

Reasonableness depends on the work actually required, the estate’s complexity, the duration of administration, litigation, asset locations and other concrete factors. The will can also contain provisions relevant to remuneration.

Fees should be documented transparently in the estate accounts. A foreign beneficiary should request records showing the legal basis, work performed and amount charged rather than treating executor remuneration as an unexplained deduction.

4. Article 551 regulates multiple executors

If several executors have been appointed, Article 551 states that they perform the function together unless the testamentary disposition or the nature of the task indicates otherwise. Joint appointment therefore ordinarily requires coordinated action.

If one executor refuses, becomes unable to act or the duty ends for another reason, the others continue unless the testator’s disposition indicates otherwise. This prevents an estate from becoming automatically unmanageable merely because one appointee drops out.

Article 551 also contains an urgency rule: even where multiple executors were appointed to act jointly, each may take necessary action in an urgent case. The act should genuinely respond to urgency rather than become a device to bypass joint administration.

5. Article 552 requires a prompt inventory of assets, rights and debts

Once the duty begins, Article 552 specifically requires the executor to prepare without delay a list of the estate’s property, rights and debts. If possible, the heirs are to be present while the list is prepared.

This inventory is the foundation of accountable administration. It should include Turkish real estate, bank accounts, vehicles, receivables, company interests, valuables, litigation rights, tax liabilities, loans, secured debt and other estate obligations.

For a cross-border estate, the executor should separate assets by country and identify whether Turkish law governs the succession issue. An asset should not be omitted merely because the executor cannot immediately obtain control over it; unresolved assets can be listed with the status and documents still required.

6. The executor manages the estate and may request possession where administration requires it

Article 552 authorises the executor to manage the estate and, to the extent required for management, to request transfer of possession of estate property. This management authority is aimed at carrying out the testator’s final wishes and preserving the estate.

Management can include collecting rents, arranging necessary maintenance, safeguarding documents, maintaining insurance and taking ordinary steps to prevent loss. The authority should be exercised for the estate, not for the executor’s personal benefit.

The inheritance community under Article 640 continues to be legally relevant. The executor’s statutory powers operate within the testamentary mandate; appointment does not transform the executor into the owner of the estate.

7. Article 552 authorises collection of estate receivables and payment of estate debts

The executor is specifically empowered to collect the estate’s receivables and pay its debts. This permits centralised administration instead of requiring every heir to chase each debtor separately.

Payment should follow a verified estate account. A claimed liability should be supported by the underlying contract, tax record, judgment, enforcement file or other legal basis. The executor’s duty to pay debts is not a rule requiring payment of unsupported demands.

Heir liability is separately governed by Articles 599 and 641. For that issue, see Estate Debts in Turkey: Personal and Joint Liability of Foreign Heirs.

8. The executor carries out testamentary dispositions

Article 552 expressly requires the executor to carry out the legacies and other testamentary instructions within the lawful scope of the will. The executor must first establish that the instrument is effective and understand what each provision requires.

If the will is challenged under Articles 557–559, the executor should not ignore pending validity litigation and proceed as though the dispute did not exist. Protective administration can continue while the legal status of the challenged provision is determined.

For validity disputes, see Annulment of a Will in Turkey: Articles 557–559.

9. Article 552 requires preparation of an estate partition plan

The executor prepares a plan for partition of the estate. The plan should reflect the valid will, legal heirship, reserved-share rules, estate debts and the assets actually available for distribution.

A partition plan is not permission to disregard mandatory rights. If a testamentary disposition exceeds the disposable portion and a protected heir validly seeks reduction, the plan must reflect the legal result of that dispute.

Where heirs agree, a coherent plan can prevent unnecessary judicial partition. Where they do not agree, the executor’s plan helps identify the disputed assets and the positions that require a court decision.

10. The executor represents the inheritance community in estate litigation and enforcement

Article 552 authorises the executor to represent the inheritance community in lawsuits and enforcement proceedings concerning the estate. The executor can also intervene in relevant proceedings already initiated by heirs where the matter relates to the executor’s duty.

The statute further requires notification to heirs of lawsuits and enforcement proceedings brought by or against the executor. This supports transparency and allows heirs to monitor litigation affecting the estate.

For overseas heirs, the executor can therefore provide an important single point of procedural representation, but the limits of the testamentary mandate and the court’s supervision still apply.

11. Article 553 restricts transfer of estate assets and creation of limited real rights

Unless the testator has already undertaken the relevant obligation, Article 553 generally requires authorisation from the Civil Court of Peace before the executor transfers estate property or establishes limited real rights over it. The judge hears the heirs where possible before deciding.

The statute creates an exception for dispositions necessary to cover ordinary expenses. This does not convert every sale labelled “administrative” into an unrestricted ordinary expense transaction. The scale and purpose of the disposition matter.

For Turkish real estate, current title records and the court authorisation should be reviewed before a transfer is scheduled. The executor’s appointment alone is not a universal substitute for the judicial authorisation required by Article 553.

12. Article 554 regulates termination and resignation

The executor’s duty ends automatically upon death of the executor or the existence of a circumstance that invalidates the appointment. Article 554 also permits the executor to resign by declaration to the Civil Court of Peace.

The resignation cannot be made at an inappropriate time. An executor handling an urgent sale closing, expiring court deadline or immediate preservation issue should not abandon the estate in a way that predictably causes loss.

Files, keys, account records and original estate documents should be transferred in an orderly manner when the duty ends. The end of the appointment does not erase accountability for prior administration.

13. Article 555 places the executor under supervision of the Civil Court of Peace

The executor is subject to supervision by the Civil Court of Peace. The judge may take necessary measures on complaint or on the court’s own initiative.

If the executor is incapable, abuses the duty or is found to have committed gross negligence, Article 555 authorises the Civil Court of Peace to terminate the appointment. The article gives a fifteen-day period from notification to challenge that decision before the Civil Court of First Instance; the decision on that challenge is final.

Heirs complaining about administration should present specific evidence: missing accounts, unauthorised transfers, ignored debts, self-dealing, failure to preserve property or other concrete breaches. General distrust is not a substitute for the statutory supervision grounds.

14. Article 556 imposes a duty of care and agent-like liability

Article 556 requires the executor to exercise care in performing the duty and makes the executor liable to interested persons like an agent. The standard connects estate administration with accountable, diligent conduct.

Potential loss can arise from failure to collect a receivable before limitation, paying unsupported debts, neglecting property, making unauthorised dispositions or failing to comply with litigation duties. Liability requires analysis of breach, causation and damage.

Detailed records protect both the estate and a diligent executor. Bank statements, inventories, invoices, correspondence, court authorisations and periodic accounts should be preserved until the administration is completed and contested issues are resolved.

15. Cross-border estates require coordinated Turkish and foreign documentation

A foreign executor named in a foreign will does not simply bypass Turkish succession procedure. The will’s form and substantive effect must be recognised under the applicable Turkish private-international-law framework, and the Turkish Civil Court of Peace process can be required for local administration.

MÖHUK Article 20 generally points succession to the deceased’s national law while expressly applying Turkish law to immovable property situated in Türkiye. The will-form analysis is explained in Foreign Will in Turkey.

Foreign heirs should provide the original will, death certificate, family tree, asset list, executor appointment material and any foreign probate orders. Documents used in Türkiye may require authentication and certified Turkish translation. Bakırci & Keskin Law Office has one physical office in Mersin and coordinates Turkish inheritance matters throughout Türkiye from Mersin.

Conclusion

An executor of a will in Turkey has a statutory office governed by Civil Code Articles 550–556. Appointment is by will; Article 550 sets capacity, notification, deemed acceptance after fifteen days and reasonable remuneration. Article 552 gives extensive default powers and duties, while Article 553 restricts important disposals without judicial authority. Articles 554–556 regulate resignation and termination, court supervision, removal and agent-like liability. Foreign estates should establish the executor’s Turkish legal authority before relying on a foreign label or probate role to manage Turkish assets.