Disclaiming an inheritance in Türkiye: the three-month deadline, formalities and consequences

When someone close to us dies, we tend to think of the inheritance as a home, a car or a bank account. Under Turkish law, however, heirs take over the deceased's debts as well as their assets and, as a rule, are liable for those debts with their own property. Where debts exceed assets, or are unknown, the way for an heir to protect themselves is to disclaim the inheritance. The statutory deadline is short, and certain actions remove the right to disclaim altogether. This article explains the process step by step.

Why disclaim an inheritance?

Under the Turkish Civil Code, heirs acquire the estate as a whole, automatically, on the death of the deceased. This means that liabilities - debts - pass to the heirs along with the assets. Heirs are jointly and personally liable for the estate's debts; a creditor may claim the full amount from any one of them.

The most common reason to disclaim is that the estate is insolvent, or that its debts are unknown. Guarantees, loans and credit card debts, tax and social security debts, business debts and pending enforcement proceedings often only come to light after death.

The basic rules

3 monthsPeriod to disclaim

Civil court of peaceWhere the declaration is made

UnconditionalNo partial or conditional disclaimer

5 yearsLook-back period for what the heir received from the deceased before death

When does the three-month period start?

The period to disclaim is three months. When it starts depends on the heir's position:

• For statutory heirs, it normally runs from the date they learned of the death. For those who learn later that they are heirs, the date of that knowledge applies.
• For heirs appointed by will, it runs from the date the deceased's disposition was officially notified to them.
• If an official inventory is ordered, the heirs are given a new period after the inventory is completed to state their decision.

Where there are good reasons, the civil court of peace may extend the period or grant a new one. An heir who does not disclaim within the period is deemed to have accepted the inheritance unconditionally.

The first three months after a death

1. Death

   The inheritance passes to the heirs automatically.

2. First weeks

   The estate's assets and liabilities are investigated: land registry, bank, vehicle, enforcement and tax records.

3. If needed

   An official inventory is requested within the disclaimer period.

4. Before 3 months pass

   The disclaimer is declared to the civil court of peace.

5. After 3 months

   The inheritance is deemed accepted unconditionally; only exceptional routes such as deemed disclaimer or an extension remain.

How is the disclaimer made?

The declaration is made orally or in writing to the civil court of peace of the deceased's last domicile. It must be unconditional: a partial or conditional disclaimer such as "I disclaim the debts but accept the house" is not valid. The court records the declaration and enters it in the register of disclaimers; on request, the heir is given a document confirming it.

A disclaimer can be made through a lawyer, but the power of attorney must contain specific authority to disclaim an inheritance. Heirs living abroad can act through their lawyer in Türkiye using a power of attorney issued at a consulate or bearing an apostille.

Disclaiming an inheritance: the steps

1. Identify the heirs and the deadlineEstablish who the heirs are and on what date the three-month period expires.
2. Investigate the estateLand registry records, bank accounts, loan and card debts, enforcement files, and tax and social security debts are reviewed.
3. Do not touch the estateWhile investigating, do not sell estate property, withdraw money from accounts or collect and spend receivables.
4. Request an official inventory if neededIf the debt position is unclear, request an official inventory within the disclaimer period.
5. Make the declarationDeclare an unconditional disclaimer to the civil court of peace of the last domicile.
6. Think about the other heirsThe disclaimed share normally passes to the disclaiming heir's own descendants, who may also need to disclaim.

Actions that cost you the right to disclaim

An heir who, during the disclaimer period, handles estate matters beyond what ordinary administration requires, or who hides or takes estate property, can no longer disclaim. Courts assess this on the facts. Risky actions we often see in practice include:

By contrast, paying funeral costs or taking necessary steps to protect estate property from damage is not, as a rule, treated as dealing with the estate. In doubtful cases, take legal advice before acting.

Deemed disclaimer of an insolvent estate

If the deceased's insolvency was evident or officially established at the date of death, the inheritance is deemed disclaimed. In that case no separate declaration is needed, but insolvency must be proved when creditors pursue the heirs. Heirs may therefore ask the court to confirm that the inheritance is deemed disclaimed because the estate is insolvent.

The law sets no three-month deadline for this confirmation, but the heirs must not have dealt with the estate. Insolvency is proved through enforcement files, certificates of insolvency, bank and loan records and documents showing the value of the estate.

Who receives the disclaimed share?

• A share disclaimed by a statutory heir passes to those entitled as if the heir had died before the deceased. A share disclaimed by a child, for example, normally passes to that child's own children, so in an insolvent estate the position of the disclaiming heir's children must also be considered.
• If all descendants disclaim, their share passes to the surviving spouse.
• If all of the nearest statutory heirs disclaim, the estate is liquidated by the civil court of peace under bankruptcy rules. Any surplus after liquidation goes to those entitled as if they had not disclaimed.

Does liability end with a disclaimer?

As a rule, yes: an heir who disclaims is not liable for the estate's debts. There are two important exceptions:

• Heirs who disclaim an insolvent estate may be liable to the deceased's creditors up to the value of what they received from the deceased in the five years before death and would have had to bring back into account on division.
• If the heir is insolvent and disclaimed in order to harm their own creditors, those creditors may sue to have the disclaimer set aside.

The official inventory: when you are unsure

If the debt position is unclear, any heir entitled to disclaim may request an official inventory within the disclaimer period. The court lists the estate's assets and liabilities and calls on creditors by public notice to declare their claims. Once the inventory is complete, the heir may disclaim, accept unconditionally, accept with the benefit of inventory or request official liquidation. An heir accepting with the benefit of inventory is, as a rule, liable for the debts recorded in the inventory.

Frequently asked questions

If I disclaim, am I liable for my father's debts?

As a rule, no. Liability may arise, however, up to the value of what you received from the deceased in the five years before death and would have had to bring into account on division.

The three months have passed - what can I do?

If there is a good reason, you can ask the court to extend the period or grant a new one. If the deceased was clearly insolvent at death and you have not dealt with the estate, you can also seek confirmation of a deemed disclaimer.

Can I disclaim only the debts and keep the assets?

No. A disclaimer is unconditional; you cannot accept part of an inheritance and disclaim the rest. Where the position is unclear, the official inventory route should be considered.

Does obtaining a certificate of inheritance mean I have accepted?

Obtaining a certificate of inheritance is not in itself dealing with the estate. But carrying out transactions with estate property after obtaining it can put the right to disclaim at risk.

How is an inheritance disclaimed on behalf of young children?

As a rule, parents make the declaration on behalf of minor children. If there is a conflict of interest between parents and child, the court may need to appoint a guardian ad litem, so the process should start early to avoid missing the deadline.

Legislation and sources

• Turkish Civil Code No. 4721: Art. 599 (passing of the estate), Arts. 605-618 (disclaimer), Art. 619 et seq. (official inventory), Art. 682 (heirs' liability)

The current texts of Turkish laws and regulations are available on the official Legislation Information System, and decisions and amendments in the Official Gazette.

For disclaimers, certificates of inheritance and estate matters, please contact us. For other topics, see our Inheritance Law page.