Inheritance Rejection in Turkey: Conditions and Period

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

Concept of Inheritance Rejection

Inheritance rejection means heir giving up rights and debts passed to them in inheritance. In rejected inheritance:

• Heir is deemed to have withdrawn from inheritance right,
• Their share passes to other heirs or to next-rank heirs,
• If all heirs reject, inheritance passes to state.

Rejection applies for entire inheritance, not part. Heir cannot take only assets and reject debts.

Types of Inheritance Rejection

1. Express Rejection

Heir explicitly declaring at competent civil court of peace through petition that they reject inheritance. Express rejection:

• Must be made within specific period,
• Must be made in writing,
• Recorded by court.

2. Hükmen (Constructive) Rejection

Situation where inheritance is deemed legally rejected despite not being accepted. This applies in situations where deceased's insolvency was apparent at death. In constructive rejection:

• Application to court not required,
• Heir is considered to have already rejected,
• However, heir may have difficulty proving this in case of dispute.

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

3. Official Liquidation of Inheritance

Heir may, instead of accepting or rejecting inheritance, apply for official liquidation. In this case:

• Court reviews inheritance by appointing liquidation trustee,
• Debts are paid with collectible assets,
• Remaining portion is distributed to heirs,
• Heir is not liable with own assets.

Official liquidation is more complex but safer route.

Rejection Period

There is a specific period prescribed in law for inheritance rejection. This period:

• Runs from heir's learning of opening of inheritance and their heirship,
• May extend in case of temporary inability to inherit,
• Period passing leads to inheritance being deemed accepted.

Critical: Period start date can be debated; particularly when notification of death is delayed for foreign heirs. Acting without losing time after receiving death notification is necessary to safeguard period.

Period for Foreign Heirs

For foreign heirs:

• Date information was received is determinative,
• For heir abroad, communication obstacles affect period start,
• Additional time may be needed for apostille and translation processes.

A foreign heir living outside Turkey, when faced with claim that period has passed, can defend by proving information arrived late; however, this requires laborious litigation.

How Rejection Declaration Is Made

Application to Civil Court of Peace

Heir wishing to reject:

1. Files petition with competent Civil Court of Peace,
2. Basic documents like deceased's death certificate, certificate of heirship are attached,
3. Rejection declaration is recorded before judge,
4. Certified record is obtained from court.

For foreign heirs, this process can be done through lawyer with power of attorney.

Competent Court

• Court of place where deceased's last residence is located,
• Failing that, court of place where last assets in Turkey are located.

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

Rejection by Foreign Heir in Home Country

Inheritance rejection by foreign heir in home-country court does not have direct effect in Turkey; needs to be processed in Turkey through recognition. This process can be lengthy, so directly applying to Turkish court — through proxy — is more practical route.

Legal Consequences of Rejection

From Heir's Perspective

• Heir is deemed to have fully withdrawn from inheritance,
• Not held liable for deceased's debts,
• No right or obligation arises in inheritance.

From Other Heirs' Perspective

Effect of rejection:

• Rejecting heir's share passes to other heirs (per statutory inheritance order),
• If all heirs reject in turn, inheritance passes to state,
• If lower-rank heirs exist, they become heirs.

From Will Heir's Perspective

If designated heir (will heir) rejects, if substitute heir is appointed in will, that order takes; otherwise reverts to statutory inheritance.

Determining Inheritance Status Before Rejection

Determining whether inheritance is actually indebted before rejecting is important. Methods:

1. Keeping Inheritance Inventory

Heir may request keeping of inheritance inventory from civil court of peace. Court:

• Identifies all of deceased's assets and debts,
• Detailed inventory is drawn up,
• Heir can make conscious decision based on this inventory.

While inheritance inventory is being kept, heir is not liable with own assets.

2. Inheritance Disposition

Inheritance protection measures can be requested from civil court of peace; for example, inheritance trustee appointment, asset preservation.

3. Bank, Title, and Tax Office Inquiry

Heir can form concrete picture by inquiring deceased's bank accounts, titles, tax debts in Turkey.

For foreign heirs, identification of all assets and debts in Turkey can be complex; professional support speeds this process.

Alternative to Rejection: Official Liquidation of Inheritance

For heir not wanting to reject inheritance but also not wanting to be liable for debts, official liquidation is appropriate route:

• Liquidation trustee appointed by court reviews inheritance,
• Assets converted to money,
• Debts paid,
• Remaining amount distributed to heirs,
• If debts exceed assets, heir is not liable with own property.

Official liquidation process can be lengthy; however, particularly advantageous in complex and internationally-dimensioned inheritance.

Cancellation of Rejection

Cancellation of inheritance rejection is possible in some situations:

• Defect in consent — rejection made through fraud, duress, or mistake,
• Relevant lawsuit must be filed within specific period,
• If court cancels rejection, heir is again considered heir.

Strategic Recommendations

1. Get professional support the moment death is reported — period pressure.
2. Determine inheritance status — don't decide on hearsay alone.
3. Request keeping of inheritance inventory — for conscious decision.
4. Evaluate official liquidation — instead of rejection.
5. Plan all heirs' situation together — one heir's rejection affects others.

Legal Support

In Antalya, for inheritance rejection processes, MONA HUKUK provides urgent legal support to foreign-national heirs. For inheritance inventory keeping, rejection declaration to court, and alternatively official liquidation processes, our professional team helps you make right decision under period pressure.

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