Renunciation of inheritance is a declaration made by an heir to the civil court of peace in order not to be liable for the deceased’s debts. It is not an action and there is no opposing party; the law treats it as a matter of non-contentious jurisdiction (Turkish Code of Civil Procedure, Art. 382). The time limit for renunciation of inheritance is three months, running not from the date of death but from the date on which the heir learns of the death (Turkish Civil Code, Art. 606). The declaration must be unconditional and without reservation — a partial renunciation, such as “I renounce only up to the amount of the debts”, has no legal effect. If the time limit is missed, the inheritance is acquired unconditionally and without reservation (Turkish Civil Code, Art. 610).
The heir’s other options — official inventory, acceptance according to the inventory, official liquidation — and the liability of an heir who does not renounce are explained on the Inheritance Law page. This article addresses the act of renunciation itself, how the time limit operates and the residual liability of an heir who renounces.
When does the time limit for renunciation of inheritance begin and end?
The time limit runs separately for each heir and its starting point varies from person to person (Turkish Civil Code, Art. 606):
- Statutory heirs: from the date on which they learn of the death, unless it is proved that they learned of their status as heirs at a later date. An heir who claims to have learned later must prove it.
- Heirs appointed by will: from the date on which the disposition is officially notified to them.
- Where the estate has been recorded as a protective measure: from the notification by the civil court of peace judge that the drawing up of the inventory has been completed (Turkish Civil Code, Art. 607). This notification restarts the time limit for all heirs.
The time limit is calculated in accordance with the Turkish Code of Civil Procedure. A period set in months ends at the end of the day corresponding to the day on which it began; if there is no corresponding day in that month, it ends on the last day of the month (Turkish Code of Civil Procedure, Art. 92). If the last day falls on an official holiday, the period expires at the end of working hours on the first working day (Turkish Code of Civil Procedure, Art. 93). Time limits set by law are mandatory (Turkish Code of Civil Procedure, Art. 94).
There are two possibilities as regards the time limit. In the first, the judge has no discretion: if one of the heirs or one of the interested parties requests, within one month of the date of death, that an inventory of the estate be drawn up (recording of the estate), the civil court of peace judge orders it (Turkish Civil Code, Art. 590) and the three-month renunciation period begins to run upon the notification by the civil court of peace judge that the drawing up of the inventory has been completed (Turkish Civil Code, Art. 607). Note: the period is not shortened; only its starting point shifts to that notification — a further three months runs from the notification. The second depends on the judge’s discretion: where important reasons exist, the civil court of peace judge may extend the period or grant a new one (Turkish Civil Code, Art. 615).
Separately from these, the heir may also request within one month that an official inventory of the estate be drawn up (Turkish Civil Code, Art. 619 et seq.). This is a different institution and limits liability to the debts recorded in the inventory (Turkish Civil Code, Art. 628); details are on the inheritance law page.
Where, how and by whom is the application made?
The court with jurisdiction is the civil court of peace (Turkish Code of Civil Procedure, Art. 383). The court with territorial jurisdiction, contrary to what most sources state, need not be the court of the deceased’s last place of residence: in matters of non-contentious jurisdiction, jurisdiction lies with the court of the place where the applicant or one of the interested parties resides (Turkish Code of Civil Procedure, Art. 384). An heir living in another city or abroad may apply to the court in their own place. For example, an heir residing in Alanya may apply to the Alanya civil court of peace even if the deceased died in another province. The deceased’s last place of residence matters only for registration: a renunciation declared within time is entered in a special register by the civil court of peace of the place where the inheritance is opened (Turkish Civil Code, Art. 609).
The declaration may be made orally or in writing; the judge records it in the minutes and issues the heir who so requests a document showing the renunciation (Turkish Civil Code, Art. 609). Since the principle of ex officio investigation applies in non-contentious jurisdiction (Turkish Code of Civil Procedure, Art. 385), a certificate of inheritance need not have been obtained in advance. If the request is refused, an appeal before the Regional Court of Appeal may be lodged within two weeks of learning of the judgment (Turkish Code of Civil Procedure, Art. 387).
The heir may apply in person or act through a representative. If acting through a representative, the power of attorney must expressly include the authority to renounce the inheritance; a general power of attorney for litigation is not regarded as sufficient. When obtaining a power of attorney from a notary public, this authority must be requested separately. Each heir declares in their own name; even if several heirs act through the same attorney at law, each must confer this authority separately.
Renunciation on behalf of a minor heir involves a twofold distinction. If the child is under the custody of their parents — the ordinary case — matters subject to the permission of the guardianship authorities fall outside representation in custody (Turkish Civil Code, Art. 342); no separate court permission is sought. If the child is not under custody, they are placed under guardianship (Turkish Civil Code, Art. 404) and renunciation of the inheritance requires the permission of the supervisory authority following that of the guardianship authority (Turkish Civil Code, Art. 463). The guardianship authority is the civil court of peace and the supervisory authority is the civil court of first instance (Turkish Civil Code, Art. 397).
After renunciation, to whom does the share pass?
Renunciation of inheritance does not extinguish the debt, it passes it to the next in line — and the next in line is often not the person one would assume.
If one of the statutory heirs renounces, their share passes to the entitled persons as if they had not been alive at the time the inheritance opened (Turkish Civil Code, Art. 611). Succession by representation applies in the descendants: the descendants of a child who predeceased the deceased take that child’s place (Turkish Civil Code, Art. 495). Combined, the most frequent outcome is this — the renouncing child’s share passes to their own children. These are often minors, and a declaration must also be made on their behalf.
Other cases:
- If all the descendants renounce, the share passes to the surviving spouse (Turkish Civil Code, Art. 613).
- If all the nearest statutory heirs renounce, the inheritance does not pass automatically to the next degree; the estate is liquidated in accordance with the bankruptcy provisions by the civil court of peace (Turkish Civil Code, Art. 612). If any value remains after liquidation, it is given to the entitled persons as if they had not renounced.
- If the heirs so request, before liquidation those next in line are asked whether they accept the inheritance. Their time limit is one month, not three, and in this case silence counts as renunciation (Turkish Civil Code, Art. 614) — the reverse of the main rule.
- If the inheritance passes to persons who were not previously heirs, their three-month period begins on the date on which they learn that the previous heirs renounced (Turkish Civil Code, Art. 608).
Situations in which you may remain liable despite renunciation
Heirs who renounce the inheritance of a deceased who was unable to pay are liable to the deceased’s creditors to the extent of the value of what they received from the deceased within the five years before death and would be obliged to return on the division of the inheritance (Turkish Civil Code, Art. 618). The “return” referred to here is the institution of equalisation among heirs (Turkish Civil Code, Art. 669 et seq.). Ordinary education and training expenses and a dowry given in accordance with custom fall outside this; heirs acting in good faith are liable only to the extent of their enrichment at the time of return.
There is a further risk in the opposite direction. If an heir whose own assets are insufficient to meet their debts renounces with the aim of harming their creditors, the creditors or the bankruptcy administration may, provided that sufficient security is not given to them, bring an action for annulment of the renunciation within six months of the date of renunciation. If annulment is ordered, the inheritance is officially liquidated (Turkish Civil Code, Art. 617).
The right of renunciation may also be lost before the period expires: interfering in estate matters in the capacity of an heir, going beyond what is necessary for ordinary management or for carrying on the deceased’s affairs, or concealing or appropriating estate assets, causes the right of renunciation to lapse (Turkish Civil Code, Art. 610). Details of these acts and of options other than renunciation, such as the official inventory and acceptance according to the inventory, are on the inheritance law page.
Frequently asked questions
What is renunciation of inheritance, and is it an action?
It is a declaration by which the heir notifies that they do not accept the inheritance. It is not an action but a matter of non-contentious jurisdiction (Turkish Code of Civil Procedure, Art. 382); there is no opposing party.
Where is an application for renunciation of inheritance made?
To the civil court of peace (Turkish Code of Civil Procedure, Art. 383). In non-contentious jurisdiction, jurisdiction lies with the court of the place where the applicant or one of the interested parties resides (Turkish Code of Civil Procedure, Art. 384); an heir residing in Alanya may apply to the Alanya civil court of peace.
Must specific authority be given to an attorney at law for renunciation of inheritance?
Yes. The power of attorney must expressly state the authority to renounce the inheritance; a general power of attorney for litigation is not regarded as sufficient. When obtaining a power of attorney from a notary public, this authority must be requested separately.
I missed the time limit for renunciation of inheritance; what can I do?
The period is mandatory (Turkish Code of Civil Procedure, Art. 94) and, once it has expired, the inheritance is acquired unconditionally and without reservation. However, if at the date of death the deceased’s inability to pay was clearly apparent or officially established, the inheritance is deemed automatically renounced (Turkish Civil Code, Art. 605); this situation does not depend on a time limit. In practice this is called deemed renunciation.
Can I withdraw from renunciation of inheritance afterwards?
As a rule, no: the declaration of renunciation takes effect the moment it reaches the court and the heir cannot unilaterally revoke it.
The deceased has no debts but I am not sure; what should I do?
Within one month of the death you may request that an official inventory of the estate be drawn up (Turkish Civil Code, Art. 619). Once the inventory is completed and the examination period has ended, you declare within the period granted by the court that you renounce the inheritance, accept it according to the inventory or accept it unconditionally and without reservation (Turkish Civil Code, Art. 626–627). On acceptance according to the inventory, you are liable only for the debts recorded in the inventory (Turkish Civil Code, Art. 628).
What happens to the right of an heir who dies before renouncing the inheritance?
The right of renunciation passes to their own heirs; the period begins on the date on which they learn that the previous heirs renounced (Turkish Civil Code, Art. 608).
Legislation relied on
Turkish Civil Code No. 4721 — Arts. 342 (representation in custody), 397 (guardianship and supervisory authority), 404 (placement under guardianship), 463 (transactions subject to permission), 495 (succession by representation in the descendants), 589–590 (drawing up of an inventory as a protective measure), 605 (right of renunciation, deemed renunciation), 606–607 (time limit), 608 (passing of the right of renunciation), 609 (form of renunciation), 610 (lapse of the right of renunciation), 611 (passing of the share), 612–614 (renunciation by all), 615 (extension of the period), 617 (protection of creditors), 618 (liability in the event of renunciation), 619–628 (drawing up of an official inventory), 669 et seq. (equalisation among heirs) — mevzuat.gov.tr
Turkish Code of Civil Procedure No. 6100 — Arts. 92–94 (calculation of time limits), 382 (matters of non-contentious jurisdiction), 383 (jurisdiction), 384 (territorial jurisdiction), 385 (ex officio investigation), 387 (appeal before the Regional Court of Appeal) — mevzuat.gov.tr
Related pages
- Inheritance Law — parent page: options, official inventory, acceptance according to the inventory
- How is the reserved share calculated?
This article is intended for general legal information purposes. Since the circumstances of each case, the structure of inheritance and the applicable time limits vary, it is recommended that you obtain legal support from your attorney at law for your specific situation.