Rejection of Inheritance in Turkey: Conditions, Deadline, and Consequences

How is an inheritance disclaimed?

An unconditional oral or written declaration must be made to the Civil Court of Peace at the deceased’s last domicile. A notice to a notary alone does not replace this procedure. Each heir exercises the right individually; joint action by every heir is not required.

When does the three-month period begin?

Under Article 606 of the Turkish Civil Code, the ordinary period is three months. For statutory heirs it normally starts when they learn of the death, unless later knowledge of heirship is established. For heirs appointed by will, formal notification of the disposition is relevant. Inventory proceedings and extensions for important reasons require separate assessment. Presumed disclaimer where insolvency was manifest or officially established at death is a distinct rule.

Dealing with estate assets

Actions exceeding ordinary administration or necessary measures, concealment of estate assets or appropriation may forfeit the right to disclaim. Not every preservation measure amounts to acceptance. Simply waiting or refusing payment is not a valid declaration of disclaimer.

Consequences for assets and debts

A disclaiming statutory heir’s share generally passes as if that heir had not survived the deceased. If all nearest statutory heirs disclaim, the estate is liquidated under bankruptcy rules by the Civil Court of Peace. Debts do not automatically pass to the State. The creditor-protection and specific liability rules in Articles 617–618 remain relevant.

Reserved shares and renunciation

An heir who validly disclaims cannot claim their own reserved share in that inheritance through an action for reduction. A contractual renunciation made during the deceased’s lifetime is different. Estate debts, transactions and the potential loss of rights should be assessed before disclaimer.

Legal basis

4721 sayılı Türk Medeni Kanunu / Turkish Civil Code, Articles 528, 605–618

Legal information: This article provides general information on Turkish law. The documents, dates and applicable rules of each case require individual assessment.