19.05.2023

Authors: Sema Çelebi, Mustafa Said Aktamış

The determination of a death is filed with the purpose of establishing the death of individuals who are registered as alive in the family registers, despite being deceased. While in some cases, applying to the Directorate General of Civil Registration and Citizenship Affairs (hereinafter referred to as “Directorate “) can result in the determination and registration of the death, in certain situations, it is necessary to resort to legal action.

If the concerned parties provide a document indicating the death event when individuals who are registered as alive in the family registers are actually deceased, the Directorate prepares a death record and determines and registers the death. If a document indicating the death event has not been submitted to the Directorate, the accuracy of the death declaration is investigated by Directorate. If the investigation confirms the death, a death record is processed upon the order of the administrative chief and the death is registered. When the date and place of death cannot be determined through the investigation and there is no possibility of further inquiry, the Directorate terminates the investigation. If the death cannot be determined by Directorate, a case of determination of death can be filed to the determination of death through a court proceeding.

Is It Mandatory To Apply To The Directorate To Initiate A Case Of Determination Of Death?

Without applying to the Directorate, a Determination of Death Case can be filed in the Civil Court of First Instance for the determination of death. If death is determined as a result of the case, the court order is sent to Directorate, and the registration of death is provided by Directorate. The determination of death can be pursued both through judicial and administrative means. However, by first applying to the Directorate, time and cost can be saved. If the Directorate is unable to determine the death after examination, resorting to legal action becomes necessary.

The Parties To The Case And The Court Of Competent Jurisdiction

The determination of a death case should be filed against the other heirs of the person for whom the death is sought to be determined. Additionally, since a request for correction of the civil registry is made, the Directorate should also be named as a defendant. The case should be filed in the Civil Court of First Instance located in the residence of the person for whom the determination of death is requested or in the residence of the demandant.

What Are The Features Of A Determination Of Death Case ?

The Determination of a Death Case is subject to a simple trial procedure due to its inclusion in the correction of civil registry cases. All kinds of evidence can be used to establish proof during the trial. However, since the Determination of Death Case is a matter of public order, the judge conducts an investigation ex officio. Similarly, as the orderly and accurate keeping of civil records is related to public order, the judge will determine the date of death, preferably in day/month/year format or at least the year, even if not requested by the demandant.

The Determination of a Death Case is not subject to statute of limitations, and individuals who have a legal interest can file this case at any time.

The Determination of a Death Case is not subject to a statute of limitations, and relevant individuals who have a legal interest can file this case at any time.

As a result;

The determination of a death can be requested both through administrative means and legal proceedings.

Applying to the administration first for the determination of death generally saves time and costs.

The determination of a death case should be directed both to the other heirs and the Directorate, and the case should be filed in the Civil Court of First Instance in the deceased person's or demandant’s place of residence.

The court will conduct an ex officio investigation to establish the truth, without being limited to the evidence and claims submitted by the parties, and will attempt to determine the date of death, preferably in day/month/year format if possible.