Renouncing an Inheritance: Time Limit, Procedure and Effects

Heirs inherit not only the deceased’s assets but also their debts. Where the debts of the estate exceed its assets, the Turkish Civil Code allows statutory and appointed heirs to renounce the inheritance.

The three-month time limit

The time limit for renunciation is three months. For statutory heirs it runs from the date they learn of the death or, for those who prove they learned later that they are heirs, from that later date. For appointed heirs it runs from the date the testamentary disposition is officially notified to them.

How to renounce

Renunciation is made by an oral or written declaration to the civil court of peace at the deceased’s last domicile and must be unconditional. If the deceased’s insolvency was evident or officially established at the time of death, the inheritance is deemed to have been renounced.

If the deadline is missed

An heir who does not renounce within the time limit acquires the inheritance unconditionally. An heir who, before the deadline, carries out acts beyond ordinary administration of the estate, or conceals or appropriates estate assets, can no longer renounce.

Before deciding to renounce, it is important to establish the assets and liabilities of the estate as fully as possible.