Each of the heirs can sue for inheritance determination. Each heir has the right to file a lawsuit, as well as all heirs can file a lawsuit together.
However, an inheritance determination case may also be requested while the trial of other inheritance cases is ongoing.
THE COURT CHARGED AND AUTHORIZED IN THE CASE OF DETERMINATION OF THE HERITAGE
The court in charge of cases related to the determination of the inheritance is the Magistrate’s Court. The court of the place where the last settlement of the testator is located is the competent court.
How long the inheritance determination case will take depends entirely on the workload of the courthouse and the court where the case was filed. For this reason, it cannot be guaranteed for any period of time in this regard. In addition to the intensity of the court, lawsuits filed without a basis and devoid of legal basis, as well as all inheritance proceedings, lead to an unnecessary lengthening of the case. Therefore, the presence of legal grounds significantly shortens the trial period.
THE PERIOD OF DEROGATION OF RIGHTS IN THE CASE OF DETERMINATION OF INHERITANCE
There is no statute of limitations or time limit provided for in our law in order to open a case for determining the inheritance. In this regard, the case for determining the inheritance can always be opened by the relevant persons, provided that the legal interest remains in the opening of the case.
All aspects such as the process of the inheritance determination case, the workload of the court, the day of the trial, the introduction of a judicial holiday at the trial stage, the collection of evidence, whether the parties have an excuse, also affect how soon the case will end. On all these grounds, it is impossible to say an exact date for how soon the litigation process will end. On average, it takes about 1-2 years to give a period of time. However, if you get proxy service from an expert lawyer, the litigation process will be accelerated, notification tracking, checking and requesting incoming and outgoing documents to the file will speed up the litigation process.
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