If the debts of the deceased exceed the estate, or an heir simply wishes to have no connection with the estate, the heir may renounce the inheritance. As a rule, an inheritance is renounced by an oral or written, unconditional declaration made to the civil court of peace within three months of the date on which the heir learns of the death of the deceased (TMK Art. 606, Art. 609). A person who renounces in time receives no share of the estate and, as a rule, is not liable for the debts of the deceased.
In this article, we cover who can renounce an inheritance, how the deadline runs, where the application is made, renunciation by law for insolvent estates and the consequences of renunciation. For other inheritance matters, see our inheritance law page.
What is renunciation of inheritance, and who can renounce?
Upon the death of the deceased, the inheritance passes to the heirs automatically and as a whole. The heirs acquire the rights in the estate and also become personally liable for the debts of the deceased (TMK Art. 599); where there are several heirs, this liability is joint and several (TMK Art. 641). Renunciation is the heir’s unilateral declaration that removes this acquisition.
The law grants the right of renunciation to both statutory and appointed heirs (TMK Art. 605(1)):
- Statutory heirs: The descendants of the deceased, the parents and their descendants, the grandparents and their descendants, and the surviving spouse (TMK Arts. 495–499).
- Appointed heirs: Persons designated as heirs by will or by a contract of inheritance.
Renunciation is personal; one heir’s renunciation does not bind the others. For a minor or a person under guardianship, the declaration is made by the legal representative. Where the interests of the legal representative and the minor conflict, for example because both are heirs to the same estate, a representative curator may need to be appointed (TMK Art. 426(1), item 2). If an heir dies without having renounced, the right of renunciation passes to that heir’s own heirs (TMK Art. 608).
How long is the renunciation period, and when does it start?
An inheritance may be renounced within three months (TMK Art. 606(1)). When the period starts depends on the heir’s situation:
- Statutory heir: The date on which the heir learns of the death of the deceased. If the heir proves that they learned of their status as heir later, the period starts on that date (TMK Art. 606(2)).
- Heir appointed by will: The date on which the disposition is officially notified to the heir (TMK Art. 606(2)).
- Where an inventory of the estate has been made: The date on which the judge of the civil court of peace notifies the heirs that the inventory has been completed (TMK Art. 607).
- Persons who become heirs because earlier heirs renounced: The date on which they learn that the earlier heirs renounced the inheritance (TMK Art. 608(3)).
Where there are important reasons, the judge of the civil court of peace may extend the renunciation period or grant a new one (TMK Art. 615). Making this request before the period expires also helps avoid later disputes.
What happens if the period expires?
An heir who does not renounce within the statutory period acquires the inheritance unconditionally (TMK Art. 610(1)). The right of renunciation can also be lost before the period expires: an heir who interferes in the affairs of the estate, carries out acts that go beyond the ordinary administration of the estate, or conceals or appropriates assets of the estate can no longer renounce (TMK Art. 610(2)). For example, selling a vehicle belonging to the estate or using money from the deceased’s account for personal expenses may be assessed in this way.
On the other hand, filing a lawsuit or initiating enforcement proceedings to prevent a limitation period or a peremptory period from expiring does not remove the right of renunciation (TMK Art. 610(3)).
If the estate’s debt position is unclear, instead of renouncing, the heir may request within one month that an official inventory of the estate be drawn up (TMK Art. 619). After the inventory, within the one-month period granted by the civil court of peace, the heir chooses one of the following: renouncing the inheritance, requesting official liquidation, accepting it subject to the inventory, or accepting it unconditionally; an heir who makes no declaration within that period is deemed to have accepted the inheritance subject to the inventory (TMK Arts. 626, 627). An inheritance accepted subject to the inventory passes to the heir only with the debts entered in the inventory (TMK Art. 628).
Where and how is the application for renunciation made?
Renunciation is made by the heir through an oral or written declaration to the civil court of peace (TMK Art. 609(1)). Recording and registering a declaration of renunciation is classified as a non-contentious proceeding (Code of Civil Procedure (HMK) Art. 382(2)(c)(7)).
The following points are important in the application:
- Competent court: The succession opens at the domicile of the deceased (TMK Art. 576). A declaration of renunciation made in time is entered in the special register of the civil court of peace at the place where the succession opened (TMK Art. 609(4)). For this reason, the application is, as a rule, made to the civil court of peace at the last domicile of the deceased.
- Content of the declaration: The renunciation must be unconditional and without reservation (TMK Art. 609(2)). A partial or conditional declaration, such as “except for this property” or “if the debts are paid”, does not produce a valid renunciation.
- Record and certificate: The judge records the declaration in minutes; if the renouncing heir so requests, a document showing the renunciation is issued (TMK Art. 609(3)–(4)).
- Renunciation through a representative: In practice, the power of attorney is expected to expressly include the authority to renounce the inheritance.
The petition contains the identity details of the heir and the deceased, the date of death, the date on which the death became known and a clear statement of the intention to renounce. The court may also obtain the civil registry records showing the inheritance relationship. Court fees and an advance on costs are charged for the application; you can find out the current amounts from the court’s cashier.
How does an heir living abroad renounce an inheritance?
The deadline and the procedure are the same for an heir living abroad. In foreign countries, notarial acts are carried out by Turkish consulates (Notaries Law No. 1512, Art. 191). The heir can execute a power of attorney at the consulate that expressly includes the authority to renounce the inheritance, and have the declaration made through a representative in Turkey. A power of attorney executed before a foreign notary must bear an apostille, and its Turkish translation must be certified. Practice regarding sending a declaration of renunciation directly through a consulate may vary, so if the deadline is approaching, information should be obtained from the relevant consulate and court before relying on this route.
What is renunciation by law for an insolvent estate?
In certain situations, the law does not require a declaration from the heir: if the insolvency of the deceased was clearly evident or officially established at the date of death, the inheritance is deemed to have been renounced (TMK Art. 605(2)). This is known as “renunciation by law” (hükmen ret).
For “official establishment”, official records such as certificates of insolvency issued against the deceased may be taken into account. Even where the insolvency is clearly evident, a determination that the estate is insolvent is often requested from the court so that it can be relied on against creditors. In practice, this action is brought before the civil court of first instance (asliye hukuk mahkemesi) against the creditors of the estate.
The Court of Cassation accepts that requests for renunciation by law are not subject to the three-month period. Insolvency is determined by reference to the date of death, and the court also examines whether the heirs carried out any act amounting to acceptance of the estate (Court of Cassation, 7th Civil Chamber, 23.11.2023, 2023/4851 E., 2023/5694 K.). An heir who has taken over the estate may later find it difficult to rely on its insolvency. If there is doubt about insolvency, also making a declaration of renunciation within the three-month period avoids disputes over proof.
What are the consequences of renouncing an inheritance?
Who receives the renounced share?
If one of the statutory heirs renounces the inheritance, that heir’s share passes to those entitled as if the heir had not been alive when the succession opened (TMK Art. 611(1)). This often means that the renouncing heir’s own children become heirs. For example, if a child renounces an insolvent inheritance, the child’s share passes to the child’s own children; their renunciation period starts on the date they learn of the earlier renunciation (TMK Art. 608(3)).
The other rules are as follows:
- The share of an appointed heir who renounces remains with the closest statutory heirs of the deceased, unless the disposition upon death indicates otherwise (TMK Art. 611(2)).
- If all descendants renounce the inheritance, their shares pass to the surviving spouse (TMK Art. 613).
- When renouncing, heirs may request that the heirs who come after them be asked whether they accept the inheritance. If those persons do not accept within one month of notification, they are deemed to have renounced (TMK Art. 614).
What happens if all heirs renounce?
An inheritance renounced by all of the closest statutory heirs is liquidated by the civil court of peace in accordance with the provisions on bankruptcy (TMK Art. 612(1)). Creditors are paid from the estate through this liquidation. If any value remains at the end of the liquidation, it is given to those entitled as if they had not renounced (TMK Art. 612(2)).
Liability for the debts of the estate
An heir who renounces in time is, as a rule, not liable for the debts of the deceased. The law provides one exception: heirs who renounce the inheritance of an insolvent deceased are liable to the creditors up to the value of what they received from the deceased in the five years before the death and would have had to return in the division of the estate. Ordinary education and training expenses and a customary trousseau are excluded from this liability; heirs acting in good faith are liable only to the extent of their enrichment at the time of return (TMK Art. 618).
The widow’s and orphan’s pension paid to survivors is a right arising from social security legislation that does not form part of the estate; in practice, renouncing the inheritance is not considered an obstacle to receiving this pension. The conditions for the pension are, however, governed separately by SGK (Social Security Institution) legislation.
Heirs who do not renounce own the estate jointly and act together until the division (TMK Art. 640). For the division of real estate in the estate, see our real estate law page.
Annulment of renunciation: how are the heir’s creditors protected?
Renunciation could be used to harm the heir’s own creditors. The law provides protection against this: if an heir whose assets do not cover their debts renounces the inheritance in order to harm their creditors, the creditors or the bankruptcy administration may, unless adequate security is provided to them, file an action for annulment of the renunciation within six months of the date of renunciation (TMK Art. 617(1)).
If the court annuls the renunciation, the inheritance is officially liquidated. If any value falls to the renouncing heir’s share, the claims of the creditors who objected are paid first, followed by those of the other creditors. Any remaining value is given to the heirs who would have benefited had the renunciation been valid (TMK Art. 617(2)–(3)).
When the six-month period starts has been debated in practice. In a recent decision, the 7th Civil Chamber of the Court of Cassation held that the period starts on the date the declaration of renunciation is entered in the special register (Court of Cassation, 7th Civil Chamber, 01.10.2024, 2024/3179 E., 2024/4203 K.).
Deadlines and stages in renouncing an inheritance
| Stage | Deadline | Starts from | Legal basis |
|---|---|---|---|
| Renunciation by a statutory heir | 3 months | Learning of the death (or, if proven, the later date of learning of heirship) | TMK Art. 606 |
| Renunciation by an appointed heir | 3 months | Official notification of the disposition | TMK Art. 606(2) |
| Renunciation after an inventory of the estate | 3 months | Notification that the inventory is complete | TMK Art. 607 |
| Acceptance by subsequent heirs | 1 month | Notification by the judge of the civil court of peace | TMK Art. 614 |
| Renunciation by law (determination of insolvency) | No time limit (Court of Cassation case law) | Position at the date of death is decisive | TMK Art. 605(2) |
| Creditors’ action for annulment of renunciation | 6 months | Date of renunciation (per the Court of Cassation 7th Civil Chamber: its entry in the special register) | TMK Art. 617 |
What information should you gather before deciding to renounce?
Renouncing an inheritance is a decision that is difficult to reverse. Before deciding, it is useful to gather the following information:
- Information or documents showing the date of death of the deceased and the date on which you learned of it
- Bank accounts, loans and credit card debts
- Enforcement files against the deceased and any certificates of insolvency
- Land registry and vehicle records
- Tax and social security premium debts
- Any will and the minutes of its opening
Steps to take before the deadline expires
The most common mistakes in renouncing an inheritance are missing the three-month period while the estate is being investigated, or becoming involved in the affairs of the estate before the period expires. Noting the date on which you learned of the death, gathering information on debts and assets without touching the estate’s assets and, where necessary, requesting an official inventory or an extension of the period in time all help the subsequent steps proceed properly. For an assessment specific to your case, you can contact our office.
