This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at Miras Reddi: Borçlu Mirası Kabul Etmemek.
The period for disclaiming an inheritance is three months from learning of the death and of your status as heir (TMK art. 606), and it is a forfeiture period. The disclaimer is made by written or oral declaration to the civil court of peace. Dealing with estate assets — using them, selling them, collecting money — destroys the right, and this is the mistake made most often.
An inheritance is not always a benefit. Bank loans, guarantee obligations, unpaid tax and business debts all pass to the heirs. Turkish law anticipates this and allows an heir to refuse. TMK means the Turkish Civil Code No. 4721.
What Disclaimer Is
Disclaimer is the renunciation of the status of heir, acquired automatically on the death, together with all rights and obligations relating to the estate. Under TMK art. 605 both legal and appointed heirs may disclaim.
- Personal. The right cannot be assigned and cannot be exercised during the deceased's lifetime. If an heir dies, their own heirs decide for themselves whether to exercise it.
- Unconditional. The declaration must be unqualified. "I accept if the debts are paid" is legally ineffective.
- Irrevocable. A disclaimer properly made cannot be withdrawn, however much the heir later regrets it.
- Indivisible. An inheritance cannot be disclaimed in part. The heir accepts all of it or refuses all of it.
Why an Inheritance Is Refused
- Debts exceeding assets. Accepting then leaves the heir carrying those debts.
- Unknown or hidden liabilities. Bank loans, guarantee contracts, tax and social security debts often surface after the death. Once the inheritance has been accepted, resisting them is far harder.
- Business debts. Commercial debts of the deceased's business pass through the estate. In the winding-up of a small business this exposure can be substantial.
- Unregistered property. Debts and zoning penalties attaching to property used in fact but not registered.
- Family reasons. Disputes among heirs, or a wish to step aside in favour of the others.
The Period and the Procedure
TMK art. 606 sets a three-month forfeiture period. It runs from the date the heir learns that the succession has opened — that the deceased has died. Usually that is the date of death, but where the death is learned of late, the period runs from that later date.
- Where: the civil court of peace at the heir's or the deceased's last place of residence.
- How: a written petition, or an oral declaration recorded by the court registry.
- What it must contain: the heir's identity details, the deceased's name and date of death, and a clear, unconditional declaration that the inheritance is disclaimed.
- Registration: the court registers the declaration and issues a document to the heir.
- Fee: a fixed fee; the application is inexpensive.
"Heirs may disclaim the inheritance within three months of the succession opening."
TMK art. 606
| Point | Rule |
|---|---|
| Period | 3 months from learning of it (forfeiture) |
| Where | Civil court of peace |
| Form | Written or oral declaration |
| Deemed disclaimer | No period applies where the estate is manifestly insolvent |
| Conduct destroying the right | Dealing with or using estate assets |
| Who inherits after a disclaimer | The disclaiming heir's descendants, failing which the next tier |
| If all the descendants disclaim | The estate is liquidated under bankruptcy rules |
One heir's disclaimer passes the inheritance to the next heir in line, so the family should assess the position together.
Deemed Disclaimer
TMK art. 605/2 makes special provision for insolvent estates. Where it is clear at the moment of death that the estate is manifestly insolvent, the heirs are deemed to have disclaimed. No declaration within three months is required.
- Insolvency must be established by the court; a personal belief is not enough.
- Creditors of the estate may contest a claim of deemed disclaimer.
- The burden of proving it rests on the heirs.
- An action for a declaration that the estate is insolvent may be brought in the civil court of peace.
The Consequences
- Retrospective effect. The disclaiming heir is treated as never having been an heir. No right or obligation is taken to have arisen in their name from the moment the succession opened.
- Passing to the descendants. If the share is to be taken up by the heir's own children, this must be stated expressly in the declaration; otherwise the descendants are treated as having disclaimed too.
- All heirs disclaiming. Where every legal heir disclaims, the estate is liquidated under bankruptcy rules. Anything left over is returned to the heirs.
- Creditors' objection. Where the right is abused — a valuable estate disclaimed in bad faith to keep assets from creditors — the creditors may bring an action for annulment under TMK art. 617.
What to Be Careful About
- The three months are absolute. The period is a forfeiture period: once it passes the inheritance is deemed accepted and the debts pass to the heir. Extensions are very rarely available.
- Using estate assets can amount to acceptance. Driving the deceased's car, operating the bank account, letting the property or otherwise dealing with estate assets may be treated as implied acceptance and destroy the right.
- Funeral and urgent expenses are an exception. Meeting funeral costs or taking urgent protective steps — preserving perishable assets — does not count as acceptance. Anything beyond that carries risk.
- An official inventory preserves the right. If you want to understand the estate's contents and debts before deciding, requesting an official inventory of the estate keeps your position open and does not amount to acceptance.
- Each heir decides for themselves. A spouse's or a sibling's disclaimer does not affect anyone else's right; every heir may declare independently within their own three months.
Collecting money owed to the estate or using its assets during the three months destroys the right to disclaim. If you are unsure of the scale of the debts, request an official inventory of the estate first — that preserves your position while the picture becomes clear.
Frequently Asked Questions
How long do I have to disclaim?
Three months from learning of the death and of your status as heir. It is a forfeiture period.
Where do I apply?
The civil court of peace at your or the deceased's last place of residence, by written petition or oral declaration.
Can I disclaim only the debts?
No. The inheritance is indivisible: you accept all of it or refuse all of it, and the declaration must be unconditional.
What if the estate is obviously insolvent?
The heirs are deemed to have disclaimed, and no declaration is needed. But insolvency must be established by the court, and the burden is on the heirs.
What destroys the right to disclaim?
Dealing with estate assets — using the car, operating the account, letting the property. Funeral costs and urgent protective steps do not.