Renunciation of inheritance is the legal means by which a statutory or appointed heir refuses an inheritance. Here, renunciation refers to refusal after death, called mirasın reddi or reddi miras in Turkish. A declaration made within the applicable period differs from the law deeming an inheritance renounced in specified circumstances. Debts, the starting date of the period and dealings with the estate need to be considered together. Turkish Civil Code, Articles 605–610.

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What is the difference between express and deemed renunciation?

As a general rule, heirs acquire an inheritance as a whole on death, including liabilities, subject to statutory exceptions. Express renunciation (gerçek ret) depends on the heir making a declaration within the applicable period. Debts exceeding assets are not a general condition for using this declaration procedure. Civil Code, Articles 599, 605(1) and 609.

Deemed renunciation (hükmen ret) concerns a deceased person whose inability to pay was manifest or officially established at the time of death; the law treats the inheritance as renounced in those circumstances. The existence of a debt, or discovering a debt later, does not by itself establish that condition. This is distinct from making a declaration within three months. The financial position at death, evidence and the heir’s dealings with the estate require separate assessment. Civil Code, Articles 605(2) and 610.

When does the three-month period begin?

The general period for renunciation is three months. It should not be treated as a fixed 90 days running from the date of death in every case. Civil Code Article 606 sets different starting points:

  • Statutory heir: The usual starting point is when the heir learns of the death. If the heir proves that they learned of their status as an heir later, that later discovery is relevant.
  • Heir appointed by a will: The period begins when the deceased’s testamentary disposition is officially notified to that heir.

If an inventory of the estate has been taken as a protective measure, the period begins when the civil judge of peace notifies the heirs that the inventory has been completed. Separate rules govern transmission of the right when an heir dies without renouncing, and the starting point for people who become heirs because an earlier heir renounced. Civil Code, Articles 607–608.

For important reasons, the civil judge of peace may extend the period or grant a new one. An extension is not automatic. Believing that three months have passed does not establish that the conditions for deemed renunciation or additional time are satisfied. Dates, notifications and the particular circumstances need individual examination. Civil Code, Articles 605(2) and 615.

Where and how is the declaration made?

Renunciation is declared orally or in writing to a civil court of peace (sulh hukuk mahkemesi) and must be unqualified and unconditional. The declaration is recorded in minutes. A timely renunciation is entered in the special register of the civil court of peace at the place where the succession opened. The renouncing heir may request a document confirming it. Civil Code Article 609.

Recording and registering the declaration is a non-contentious judicial matter. Unless legislation provides otherwise, the court for the place where the applicant or one of the interested persons resides has territorial jurisdiction. This general application rule should be read together with Article 609’s rule about where the special register is kept; the place of registration and the place of application are distinct concepts. Procedures for contentious disputes concerning deemed renunciation should not be treated as identical to this declaration procedure. Code of Civil Procedure, Articles 382(2)(c)(7) and 383–384; Civil Code, Articles 605 and 609.

Preparation can include gathering identification and information about the inheritance relationship, dates of death and discovery, any notification of a will, earlier renunciation decisions and documents establishing authority to represent someone. This is not an exhaustive list of documents required in every case. Confirming the application method and necessary documents with the relevant courthouse office is useful.

Which dealings can affect the right to renounce?

An heir who does not renounce within the legal period generally acquires the inheritance unconditionally. Even before the period ends, conduct going beyond ordinary estate administration or what is necessary to continue the deceased’s affairs, concealing estate assets or appropriating them can cause loss of the right to renounce. Selling assets, withdrawing funds or using property as one’s own should therefore not be assumed harmless without examining the purpose and scope of the transaction. Civil Code Article 610.

The Code expressly preserves the right where a lawsuit or enforcement proceedings are initiated to prevent a limitation or forfeiture period from expiring. Protective steps and acts of disposal do not all have the same consequences. The mere fact that a transaction occurred is insufficient to determine acceptance or renunciation from this guide alone. Civil Code Article 610.

How are other heirs and children affected?

If a statutory heir renounces, their share passes to those entitled as though that heir had not been alive when the succession opened. One person’s renunciation therefore does not automatically amount to renunciation by their children. If an appointed heir renounces, their share falls to the deceased’s closest statutory heirs unless the testamentary disposition shows a different intention. Civil Code Article 611.

If all the closest statutory heirs renounce, the civil court of peace liquidates the estate under bankruptcy rules, with any surplus given to the persons entitled. Separate provisions concern the shares passing to a surviving spouse when all descendants renounce, and asking subsequent heirs whether they wish to accept. It is therefore incorrect to assume that every renunciation passes the inheritance through all more distant relatives. Civil Code, Articles 612–614.

Parental authority and representation must be checked for steps taken for a child. A representative must be appointed by the guardianship authority where the legal representative’s interests conflict with those of a child or person under legal restriction. Renouncing for a person under guardianship requires permission first from the guardianship authority and then from the supervisory authority. This two-permission rule does not apply in the same way to every child under parental authority. Civil Code, Articles 342, 426(2) and 463(5).

A person appointed to an inheritance share must also be distinguished from a legatee left a particular asset. If the legatee refuses the legacy, the person obliged to perform it benefits unless the disposition shows a different intention. Civil Code Article 616.

Does renunciation remove every debt or liability?

The Code contains exceptions protecting creditors:

  • The heir’s own creditors: If an heir with insufficient assets renounces with the aim of harming creditors, the creditors or bankruptcy administration may seek annulment within six months from renunciation unless sufficient security is provided. These six months are not the heir’s general period for renouncing. Civil Code Article 617.
  • The deceased’s creditors: Heirs renouncing the inheritance of an insolvent person may remain liable up to the value of benefits received from that person in the five years before death that they would have had to return on partition. Ordinary education expenses and customary dowry gifts are excluded. A good-faith heir’s liability is limited to enrichment remaining when restitution is due. Civil Code Article 618.

Three frequently asked questions

Can I refuse only the debts and keep the assets?

That selective approach is inconsistent with acquisition of an inheritance as a whole and the requirement that renunciation be unqualified and unconditional. Civil Code, Articles 599 and 609.

Does obtaining an inheritance certificate replace a declaration of renunciation?

No. The certificate establishes status as an heir; renunciation is a separate procedure. See the guide to inheritance certificates. Civil Code, Articles 598 and 609.

Can an inheritance be renounced while the future deceased is alive?

Succession opens on death. A lifetime agreement with the future deceased to waive inheritance rights is a different legal arrangement, with its own conditions and consequences. It should be distinguished from post-death renunciation. Civil Code, Articles 528, 575 and 605.

This is general information. It does not determine an individual’s deadline, liability for debts or necessary steps without examining their case. This English text is explanatory, not an official translation of Turkish legislation.

Official sources and review date

The sources used here were checked on 29 September 2026. This date does not indicate a legal review of any individual case. Read about the guide’s editorial approach.

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