Disclaiming an Inheritance in Turkey: The Three-Month Period, Deemed Disclaimer and Key Points

When a relative dies, the heirs inherit not only the deceased's assets but also their debts. Where the estate's debts exceed its assets, heirs can avoid liability for those debts through the right to disclaim the inheritance granted by the Turkish Civil Code. This right, however, is subject to time limits and certain rules of conduct.

1. Who may disclaim?

Under Article 605 of the Turkish Civil Code (TCC), both statutory heirs and heirs appointed by will may disclaim the inheritance. As a rule, disclaimer is assessed separately for each heir; one heir's disclaimer does not bind the others.

2. Time limit: three months

Under TCC Article 606, an inheritance may be disclaimed within three months. The period starts:

• for statutory heirs, from the date they learned of the death, unless it is proven that they learned of their status as heir later;
• for heirs appointed by will, from the date the disposition was officially notified to them.

Where there are important reasons, the judge of the civil court of peace may extend the period or grant a new one (TCC Art. 615).

3. How to disclaim

Under TCC Article 609, disclaimer is made by the heirs by oral or written declaration to the civil court of peace and must be unconditional and unreserved. The judge records the declaration in minutes; a disclaimer made in time is entered in a special register by the civil court of peace where the succession opened, and a document evidencing the disclaimer is given to the heir on request. Where the declaration is made through a lawyer, the power of attorney must contain a special authority to disclaim the inheritance.

4. Conduct that bars disclaimer

Under TCC Article 610, an heir who does not disclaim within the statutory period acquires the inheritance unconditionally. In addition, an heir who, before the period expires:

• intervenes in the affairs of the estate as heir,
• carries out transactions beyond the ordinary administration of the estate or what is necessary to continue the deceased's affairs, or
• conceals or appropriates estate assets

can no longer disclaim. For example, selling a vehicle belonging to the estate or withdrawing and using money from the deceased's bank account may have this effect. By contrast, filing a lawsuit or starting enforcement proceedings to prevent limitation or time-bar periods from expiring does not remove the right to disclaim.

5. If the period has been missed: deemed disclaimer

Under TCC Article 605/2, if the deceased's inability to pay was evident or officially established at the date of death, the inheritance is deemed disclaimed. According to the settled case law of the Court of Cassation, the three-month period does not apply in this case; unless the heirs have acted in a way that amounts to tacit acceptance, they may at any time seek a declaration that the estate is insolvent through an action against the creditors, or raise this as a defence in proceedings brought against them (e.g. Court of Cassation 7th Civil Chamber, 2023/4412 E., 2024/3725 K., 11.09.2024).

In this action, the court determines in detail the estate's assets (real estate, vehicles, bank accounts, company shares) and liabilities (debts) as at the date of death through enquiries with banks, land and traffic registries and other institutions. The action is brought against the deceased's creditors.

6. What happens after disclaimer?

• If all of the nearest statutory heirs disclaim, the estate is liquidated by the civil court of peace under bankruptcy rules; any value remaining after liquidation is given to those entitled (TCC Art. 612).
• Heirs who disclaim the inheritance of an insolvent deceased are liable to the creditors to the extent of what they received from the deceased in the five years before death and would have had to bring into account on division. Ordinary education expenses and customary trousseau are excluded from this liability (TCC Art. 618).

Conclusion

If there is any doubt that the estate is in debt, the safest course is to investigate the position within the first three months after death without touching estate assets and, if necessary, to declare disclaimer before the civil court of peace. If that period has been missed, the deemed disclaimer route may still be open where the estate was insolvent at the date of death.

This article is provided for general information purposes only and does not constitute legal advice. Legal support is recommended for specific disputes.