Rejection of Inheritance

Istanbul inheritance lawyer providing expert guidance on the inheritance rejection process, 3-month deadline and civil court application procedures for renouncing inheritance.

Rejection of Inheritance

We provide legal consultancy on inheritance rejection right and procedure.

Why Reject Inheritance?

  • If decedent's debts exceed assets
  • To avoid obligations coming with inheritance
  • To renounce in favor of other heirs

Rejection Period

Inheritance rejection must be made within 3 months of learning of inheritance.

Rejection Procedure

  • Written statement to civil court
  • Must be unconditional
  • Cannot be withdrawn

Presumed Rejection

If decedent is insolvent, inheritance is deemed rejected without waiting 3 months.

Frequently Asked Questions

Within how many days can I disclaim an inheritance?

Under Civil Code art. 606, an inheritance must be disclaimed before the magistrate of peace within 3 months of the heir's becoming aware of the inheritance. Failure to do so means the heir is deemed to have accepted. If the estate is obviously insolvent, art. 605/2 treats the inheritance as disclaimed by law. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Is an heir liable for debts after disclaiming?

A validly disclaimed inheritance is treated as if the heir never existed and the heir is not liable for estate debts. If, however, the disclaimer was made without consideration and with intent to harm creditors, those creditors may challenge it under Civil Code art. 617. Accurate calculation of the deadlines is critical. The outcome depends on the specific evidence and the court's assessment; consult an attorney for your individual situation.

Legal Basis (for review)

Statutes cited in this page's curated answers. Application to a concrete dispute is subject to attorney review.

  • TMK m.606
  • TMK m.617

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