Renouncing an Inheritance in Turkey: Deadline and Court

You renounce an inheritance in Turkey (mirasın reddi) by an oral or written declaration to the civil court of peace (sulh mahkemesi) within three months (Articles 606 and 609 of the Turkish Civil Code No. 4721 – Türk Medeni Kanunu, TCC). The same deadline applies if you live in Germany or the Netherlands. If you miss it, you are as a rule deemed to have acquired the inheritance unconditionally, and you may become liable for the deceased's debts.

What is renunciation and who can renounce?

Under Article 605(1) TCC, statutory and appointed heirs may renounce the inheritance. If you renounce, you acquire no rights in the estate and, as a rule, you are not liable for the deceased's debts.

Article 605(2) TCC adds a presumption: if the deceased's insolvency was evident or officially established at the time of death, the inheritance is deemed renounced. How you assert and prove this depends on the circumstances of the case. Do not assume that this effect arises automatically whenever the debts exceed the estate. If you are in doubt, an express renunciation within the deadline is the safer course (author's assessment).

Deadline for renouncing: three months

Under Article 606(1) TCC, the inheritance may be renounced within three months. The period starts:

for statutory heirs when they learn of the death; if they prove that they only learned later that they are heirs, that later date applies (Article 606(2) TCC);
for heirs appointed by will when the disposition is officially notified to them (Article 606(2) TCC);
where the estate is inventoried as a protective measure when the justice of the peace notifies the heirs that the inventory has been completed (Article 607 TCC).

If an heir dies without having renounced, the right to renounce passes to their own heirs (Article 608(1) TCC). If, as a result of renunciation, the inheritance passes to persons who were not previously heirs, their period starts when they learn of the renunciation (Article 608(3) TCC).

The justice of the peace may extend the period or grant a new one for important reasons (Article 615 TCC). The Code does not define "important reasons". Whether living abroad is enough on its own is not regulated by law and is left to the court's discretion. You should therefore act within the three months rather than rely on an extension.

How to renounce and which court is competent

Under Article 609 TCC:

You renounce by an oral or written declaration to the civil court of peace (sulh mahkemesi).
The renunciation must be unconditional and unreserved. A statement such as "I renounce if the debts exceed a certain amount" is not a valid renunciation.
The justice of the peace records your declaration in minutes.
The civil court of peace of the place where the succession opened enters a renunciation made in time in a special register. On request, you receive a document confirming it.

Under Article 576 TCC, succession opens at the deceased's domicile. If the deceased's last domicile was in Turkey, that settles the question.

If the deceased lived abroad. This question is contested. What follows is one view; the law contains no express provision on this point, and no binding court decision has been verified for this article. It is not certain which view a court would adopt in a specific case. Article 43 of Law No. 5718 (MÖHUK) assigns inheritance lawsuits to the court of the deceased's last domicile in Turkey or, if the last domicile was not in Turkey, to the court where the estate assets are located. A renunciation is not a lawsuit. It can be argued, however, that this rule offers guidance and that you may apply to the civil court of peace where the Turkish estate (for example, real property) is located.

A separate question is which law applies. Under Article 20(1) MÖHUK, succession is governed by the national law of the deceased, but Turkish law applies to immovable property located in Turkey. So even if the deceased had acquired German citizenship, Turkish law and the TCC rules on renunciation are relevant for real property in Turkey.

Conduct that forfeits the right to renounce

Under Article 610(1) TCC, an heir who does not renounce within the statutory period acquires the inheritance unconditionally. Under Article 610(2) TCC, you also lose the right to renounce, even before the period expires, if you:

interfere in estate matters as an heir,
carry out acts going beyond the ordinary administration of the estate or what is necessary to continue the deceased's affairs,
conceal estate assets or appropriate them.

Selling the deceased's car in Turkey, for example, or withdrawing and using money from their bank account may fall under this provision. What counts as "ordinary administration" depends on the specific case. Bringing an action or enforcement proceedings to prevent a limitation or forfeiture period from expiring does not remove the right to renounce (Article 610(3) TCC).

Consequences of renunciation

Passing of the share: If a statutory heir renounces, their share passes to those entitled as if the heir had not survived the deceased (Article 611(1) TCC). A child's renunciation can therefore make that child's descendants (the grandchildren) heirs. If the estate is over-indebted, the whole family should take this into account.
Renunciation by all descendants: Their share passes to the surviving spouse (Article 613 TCC).
Renunciation by all nearest heirs: The estate is liquidated by the civil court of peace under bankruptcy rules; any surplus goes to those entitled (Article 612 TCC). When renouncing, heirs may ask that subsequent heirs be asked whether they accept (Article 614 TCC).
Gifts before death: Heirs who renounce the estate 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 death and would have had to return on partition (Article 618 TCC).
The heir's own creditors: If an insolvent heir renounces in order to harm their creditors, the creditors may sue to annul the renunciation within six months of it (Article 617 TCC).

If you are not sure whether the estate is over-indebted, any heir entitled to renounce may ask the justice of the peace, within one month, to draw up an official inventory (Article 619 TCC).

Renouncing from Germany or the Netherlands

You may consider declaring the renunciation through a representative, without travelling to Turkey. Article 609 TCC and Article 74 of the Code of Civil Procedure No. 6100 (HMK) do not list a special authority for renunciation. Even so, because renunciation directly affects your status as heir, it is advisable to state the authority to renounce the inheritance expressly in the power of attorney (author's assessment).

A separate renunciation may be needed in your country of residence. A renunciation in Turkey does not replace procedures in Germany or the Netherlands. For example, under Section 1944 of the German Civil Code (BGB), the renunciation period (Erbausschlagung) is generally six weeks; it is six months if the deceased's last domicile was only abroad or if the heir is abroad when the period begins. Under Section 1945 BGB, the declaration is made to the probate court (Nachlassgericht). Dutch law has its own rules as well. This information is only a general framework; for specific questions on German or Dutch law, please consult a lawyer, notary or court authorised in that country.

For general information on Turkish inheritance law, see the inheritance law and Turkey–Germany pages.

Frequently asked questions

What is the deadline to renounce an inheritance in Turkey?

Three months (Article 606(1) TCC). For statutory heirs it generally runs from learning of the death; for appointed heirs, from the official notification of the disposition.

Which court handles renunciation of an inheritance in Turkey?

The declaration is made to the civil court of peace and registered by the civil court of peace of the place where the succession opened (Article 609 TCC). Succession opens at the deceased's domicile (Article 576 TCC). For a deceased who lived abroad, the law contains no express rule.

Can I still renounce after three months?

If you do not renounce in time, you acquire the inheritance (Article 610(1) TCC). The justice of the peace may extend the period or grant a new one for important reasons (Article 615 TCC), but this is at the court's discretion.

Does renouncing in Germany also cover the estate in Turkey?

Here Turkish and German law have to be looked at together, and the question is not expressly regulated by law. Because Turkish law applies to real property in Turkey (Article 20(1) MÖHUK), the safer course is to comply with the Turkish renunciation rules as well (author's assessment).

Sources

Questions about your case

If you want your own situation assessed, for example when the three-month period under Article 606 TCC started for you, which civil court of peace to approach when the deceased lived abroad, or how to declare the renunciation from Germany or the Netherlands, you can choose a consultation date on the appointment page or send your question in writing through the contact form. Consultations take place online by video, by telephone or in person in Düsseldorf. They are held in Turkish and are limited to the Turkish-law side of the matter. For a renunciation under German or Dutch law, please consult a lawyer, notary or court competent in that country.

It helps to have this information ready:

the date of death and the date on which you learned of it,
the deceased's last domicile and citizenship,
whether the estate includes property in Turkey, such as real property,
any will or official notification of a disposition that you have received.