Inheritance Rejection in Turkey: Conditions and Period

When a person dies, their heirs inherit not only assets but also debts. If the deceased's debts exceed their assets, accepting the inheritance can place an heir in a very difficult position. Turkish law grants heirs the right to reject the inheritance in such a situation. The experience of our Antalya law firm in advising clients on inheritance rejection forms the foundation of this guide.

Concept of Inheritance Rejection

Inheritance rejection means that an heir gives up the rights and liabilities that have passed to them. When an inheritance is rejected:

• The heir is deemed to have withdrawn from the inheritance,
• Their share passes to other heirs or to the next-ranking heirs,
• If all heirs reject the inheritance, it passes to the state.

The rejection applies to the entire inheritance, not part of it. An heir cannot accept the assets while rejecting the debts.

Types of Inheritance Rejection

1. Express Rejection

The heir explicitly declares to the competent Civil Court of Peace, by petition, that they reject the inheritance. Express rejection:

• Must be made within the prescribed period,
• Must be made in writing,
• Is formally recorded by the court.

2. Hükmen (Constructive) Rejection

A situation where an inheritance is deemed legally rejected even though no active rejection was made. This applies where the deceased's insolvency was apparent at the time of death. In a constructive rejection:

• No court application is required,
• The heir is considered to have already rejected the inheritance,
• However, in the event of a dispute, the heir may have difficulty proving this.

Although insolvency may be apparent in practice, express rejection is preferred for legal certainty.

3. Official Liquidation of the Inheritance

Instead of accepting or rejecting the inheritance outright, an heir may apply for official liquidation. In this case:

• The court reviews the inheritance by appointing a liquidation trustee,
• Debts are paid from the collectible assets,
• The remaining balance, if any, is distributed to the heirs,
• The heir is not personally liable for any deficit.

Official liquidation is a more complex but safer route in cases of genuine uncertainty.

The Rejection Period

The law prescribes a three-month period within which an inheritance must be rejected (Turkish Civil Code Art. 606). This period:

• Runs for statutory heirs from the date they learn of the deceased's death (or from the later date on which they learn they are heirs, if they can prove this),
• Runs for will-designated heirs from the date of formal notification of the testamentary disposition,
• If the period passes without a rejection being made, the inheritance is deemed accepted.

Critical: The start date of the period can be disputed; this is particularly relevant for foreign heirs when notification of death is delayed. Acting without delay after receiving notification of the death is essential to protect the period.

The Period for Foreign Heirs

For foreign heirs:

• The date on which the heir received the information is the relevant starting point,
• For a heir resident abroad, communication difficulties can affect when the period begins to run,
• Additional time may be needed to complete apostille and translation processes.

A foreign heir living outside Turkey who faces a claim that the period has expired can defend by proving that the information reached them late; however, this requires laborious litigation.

How to Make a Rejection Declaration

Application to the Civil Court of Peace

An heir wishing to reject the inheritance:

1. Files a petition with the competent Civil Court of Peace,
2. Attaches basic documents such as the deceased's death certificate and certificate of heirship,
3. Makes the rejection declaration before the judge,
4. Obtains a certified record from the court.

For foreign heirs, this process can be conducted through a lawyer holding a power of attorney.

Competent Court

• The court of the place where the deceased's last residence was located,
• Failing that, the court of the place where the deceased's last assets in Turkey are located.

For a deceased who lived in Antalya, the Antalya Civil Court of Peace has jurisdiction.

Rejection by a Foreign Heir in Their Home Country

An inheritance rejection made before a court in the heir's home country does not have direct effect in Turkey and must be processed through recognition proceedings. As this process can be lengthy, directly applying to the Turkish court through a proxy is the more practical route.

Legal Consequences of Rejection

For the Rejecting Heir

• The heir is deemed to have fully withdrawn from the inheritance,
• The heir is not held liable for the deceased's debts,
• No rights or obligations in the inheritance arise for that heir.

For the Remaining Heirs

The effect on other heirs is:

• The rejecting heir's share passes to the other heirs in the statutory inheritance order,
• If all heirs reject in turn, the inheritance passes to the state,
• If lower-ranking heirs exist, they become the heirs.

For a Will-Designated Heir

If the designated heir rejects, and a substitute heir was appointed in the will, the substitute's entitlement takes effect; otherwise, the share reverts to the statutory inheritance.

Assessing the Inheritance Before Rejecting

Establishing whether the inheritance is actually in deficit before deciding to reject is important. Available methods are:

1. Inheritance Inventory

An heir may request the preparation of an inheritance inventory from the Civil Court of Peace. The court:

• Identifies all of the deceased's assets and debts,
• Prepares a detailed inventory,
• Enables the heir to make an informed decision.

While the inventory is being prepared, the heir is not personally liable for the debts.

2. Protective Measures

Inheritance protection measures can be requested from the Civil Court of Peace — for example, the appointment of an inheritance trustee or the preservation of assets.

3. Bank, Title, and Tax Authority Enquiries

An heir can build a concrete picture by enquiring about the deceased's bank accounts, real estate titles, and outstanding tax debts in Turkey.

For foreign heirs, identifying all assets and liabilities in Turkey can be complex; professional support speeds the process considerably.

Alternative to Rejection: Official Liquidation

For an heir who does not wish to reject the inheritance outright but also does not wish to be personally liable for its debts, official liquidation is the appropriate route:

• A liquidation trustee appointed by the court reviews the inheritance,
• Assets are converted to money,
• Debts are paid,
• Any remaining balance is distributed to the heirs,
• If the debts exceed the assets, the heir is not personally liable for the shortfall.

The official liquidation process can be lengthy; however, it is particularly advantageous in complex, internationally-dimensioned inheritances.

Cancellation of a Rejection

Cancellation of an inheritance rejection is possible in certain situations:

• Defect in consent — the rejection was made under fraud, duress, or a fundamental mistake,
• The relevant lawsuit must be filed within the prescribed limitation period,
• If the court cancels the rejection, the heir is treated as having been an heir throughout.

Strategic Recommendations

1. Seek professional support the moment a death is reported — the period clock starts immediately.
2. Establish the state of the inheritance — do not decide based on hearsay alone.
3. Request an inheritance inventory — to enable a fully informed decision.
4. Evaluate official liquidation — it may be preferable to outright rejection.
5. Consider the situation of all heirs together — one heir's rejection affects the others.

Legal Support

In Antalya, for inheritance rejection processes, MONA HUKUK provides urgent legal support to foreign-national heirs. Whether you need an inheritance inventory prepared, a rejection declaration filed with the court, or an official liquidation pursued as an alternative, our professional team helps you make the right decision under time pressure.

Contact us at contact@monahukuk.com or call +90 (242) 606 14 32 to schedule a consultation in Antalya.