Inheritance Law

How to Disclaim an Inheritance: Time Limits, Requirements and Where to Apply

Legal information · İsmail Eren Yalçın, Attorney at Law · Updated: 27 October 2026

This article explains Turkish law. Linked legislation and judgments are generally in Turkish.

SHORT ANSWER

As a rule, to disclaim an inheritance you must apply within three months to the civil court of peace at the deceased’s last place of residence. For statutory heirs, the period generally starts on learning of the death. You declare to the court that you reject the inheritance unconditionally; you cannot reject only the debts and keep the assets.

Expiry of three months does not necessarily end every available remedy. The deceased’s inability to pay debts at death, or an important reason warranting further time, may give rise to separate routes. These are not automatic extensions.

1. What does disclaiming an inheritance mean?

An inheritance is not just a home, car and bank account. The deceased’s transferable rights and debts pass to heirs. These assets and liabilities together form the estate. Subject to statutory exceptions, heirs acquire the inheritance on death without a separate declaration of acceptance. [1]

Disclaimer means declining that inheritance. In a timely express disclaimer (gerçek ret), you need not prove insolvency or give a special reason. However, the right must not already have been lost and the declaration must follow the proper procedure. [2]

You cannot say “I reject the debts but take the house”. Assets and debts cannot be selected within the same inheritance. An agreement renouncing inheritance made during the person’s lifetime is also distinct from a post-death court declaration of disclaimer.

2. When does the three-month period begin?

Article 606 of the Turkish Civil Code (TMK) sets a general three-month period, but the starting date is not the same for everyone. [1]

Situation	Starting point	Point to check
Statutory heir	Generally, the date of learning of the death.	A later date may apply if later knowledge of heirship is proved.
Heir appointed by will	The date the testamentary disposition is officially notified to them.	Hearing that a will exists differs from official notification.
A person becoming an heir following an earlier heir’s disclaimer	The date of learning of the earlier disclaimer.	Whether the inheritance actually passes to that person and the date of knowledge must be established.
Estate inventory as a protective measure	Notification by the civil judge of peace that the inventory is complete.	This is the special case under Article 607; personal enquiries do not suspend time.

Learning of a debt later does not alone start a new three-month period. If you knew of the death and your heirship, a bank letter months later does not automatically restart the ordinary period. If it has expired, assess other remedies and their requirements.

Example: A bank debt appears four months later.

You learned of both the death and your heirship on the day of death, but discovered a bank debt four months later. The ordinary period is generally calculated from the initial knowledge. Rather than relying on a fresh three months because the debt is new to you, examine deemed rejection or the grant of further time.

Do not simply equate three months with 90 days. Check the starting point, calendar months and final day together. Waiting for a certificate of inheritance or bank response does not itself suspend time.

3. Where and how do you apply?

Apply for express disclaimer to the civil court of peace at the deceased’s last place of residence. This need not be the heir’s city or the location of the hospital where death occurred. Estates with an international connection require separate jurisdictional assessment. [1]

Identify the competent court. Check the deceased’s last residence and judicial district.
Prepare the declaration. State the deceased’s identity and death date, your heirship, date of knowledge and unconditional intention to disclaim.
Apply in time. The declaration may be written or oral before the court; an oral declaration is recorded. Keep proof of filing and the file number.
Follow requests to remedy deficiencies. The court examines heirship, timing and other requirements. Supply requested documents in time.
Document the disclaimer. It is entered in a special register; a certificate may be issued on request. Keep court documents for dealings with creditors.

Express disclaimer is generally a non-contentious application; you need not name a bank or every heir as defendants. What matters is making a valid declaration in time, not the court deciding within three months. If applying through a lawyer, the power of attorney must expressly authorise disclaimer of inheritance. [2] [3]

4. Which information and documents are needed?

Additional documents may be requested according to the file. Gather the following information and available records:

The applicant’s identification, address and contact details.
The deceased’s identity, death record and last residence.
Civil-register records showing heirship and any certificate of inheritance.
Evidence supporting alleged later knowledge of death or heirship.
The will and official notification for an appointed heir.
A power of attorney with express authority if using a lawyer, and any required representation or permission orders.

Do not wait to list every debt and prove insolvency before an express disclaimer. That differs from deemed rejection. If documents are missing, establish in time how to complete the application rather than allowing the period to expire.

Court fees, expense advances and any lawyer’s fee are distinct. Costs depend on the application and applicable tariffs; a universal total price or definite completion time cannot be given.

5. Can it be done through a notary or e-Devlet?

Declaring “I reject the inheritance” before a notary does not replace the required court application. Obtaining an inheritance certificate or power of attorney from a notary is different. The disclaimer must reach the relevant court through the proper procedure. [1]

Searching documents on e-Devlet, viewing an inheritance certificate or petitioning a bank does not complete disclaimer. For electronic judicial filing, check that the relevant procedure is supported and signature requirements are met; logging in or downloading a document does not constitute disclaimer.

6. Which acts may cause loss of the right?

Article 610 addresses conduct amounting to acceptance before the disclaimer period expires. An heir who goes beyond ordinary estate administration or necessary measures, conceals assets or appropriates them may lose the right. [1]

Selling an inherited vehicle or disposing of estate assets as your own.
Withdrawing the deceased’s bank funds for personal use.
Concealing estate assets or withholding them from other interested parties.
Undertaking division and disposal while treating the assets as your own.

Not every protective act has the same consequence. The law states that litigation or enforcement to prevent expiry of limitation or forfeiture periods does not remove the right. Purpose and nature matter; neither “every act counts as acceptance” nor “I can do anything before three months expire” is correct.

If assets and debts remain unclear, a formal estate inventory may be a separate option. Article 619 provides a one-month application period, distinct from the three-month disclaimer period. The effects of that formal inventory require separate assessment. [1]

7. What if three months have passed?

Failure to disclaim in time generally results in unconditional acquisition of the inheritance. First check whether the period was calculated from the correct date. Two separate possibilities may then be examined. [1]

Extension or further time for an important reason

Under Article 615, the civil judge of peace may extend the period or grant a new one for important reasons. Explain the obstacle, duration and effect on applying with evidence. Serious illness may be assessed, but not every excuse will be accepted and an application does not automatically grant more time.

Deemed rejection of the inheritance

Under Article 605(2), the inheritance is deemed rejected if the deceased’s inability to pay debts at death was manifest or officially established. If disputed, assets and liabilities at death are investigated. A debt alone is insufficient; the ability of assets to cover debts and acts indicating acceptance must be examined. [1] [4]

Deemed rejection is not subject to the ordinary three-month disclaimer period. However, an enforcement notice or pending action has its own objection and response deadlines. Do not ignore those documents because deemed rejection has no such three-month limit.

8. Express disclaimer and deemed rejection compared

Subject matter	Express disclaimer	Deemed rejection
Basis	The heir’s unconditional declaration of disclaimer.	Manifest or officially established inability to pay debts at death.
Time limit	Generally three months.	Not subject to the ordinary three-month period.
Proof of debts	Insolvency need not be proved.	Assets and liabilities at death are investigated.
Application	Generally a non-contentious application to the civil court of peace.	A separate declaratory action is generally brought against creditors in the civil court of first instance.
Existing enforcement or litigation	The disclaimer record is properly raised in the relevant file.	It may also be raised through an appropriate objection or defence.

Content and legal basis, not the label, determine the route. Saying “I do not want to pay the debt” does not make every application follow the same procedure in the same court. [2] [5] [6]

9. Will the inheritance pass to my children if I disclaim?

Sometimes yes, but not every disclaimer has the same result. Under Article 611, a statutory heir’s rejected share passes to those entitled as though that heir had not been alive when succession opened. Their children may therefore become heirs. One person’s declaration does not count for the entire family. [1]

Example: Only one heir disclaims.

The deceased has two children. One disclaims and has children of their own. Depending on the family structure, that share may pass to those children. Their representation and disclaimer periods must be assessed separately.

By contrast, if all the nearest statutory heirs disclaim, Article 612 provides for liquidation under bankruptcy rules. It is then incorrect to say “the debts pass in turn to every relative”. Article 613 on passage to the surviving spouse when all descendants disclaim, and rules on disclaimer in favour of subsequent heirs, may also affect the outcome.

For a person becoming an heir because of an earlier disclaimer, time may run from learning of that disclaimer. Establish heirship and which disclaimers have occurred together. [1]

10. Disclaiming for a child or person under guardianship

Representation must be examined separately for minors and persons under guardianship. A parent’s own disclaimer does not also disclaim for the child. If the representative’s and child’s interests conflict, a special representative may be necessary.

For a person under guardianship, Article 463 requires permission from the supervisory authority after permission from the guardianship authority. Parental responsibility and guardianship follow different procedures; one permission rule cannot be applied to all child applications. Representation and permission steps must be addressed alongside the disclaimer deadline. [1]

11. Debt or enforcement notices after disclaimer

Disclaimer does not automatically close all bank and enforcement records. Submit the document to the creditor or file properly; where enforcement exists, establish whether an objection, complaint or lawsuit is appropriate and check its deadline.

A debt personally undertaken, joint indebtedness or suretyship does not arise solely from heirship. Disclaimer does not extinguish your own contractual debts.

Disclaimer does not necessarily neutralise every earlier transaction either. Article 618 creates special liability for certain benefits received from an insolvent deceased within five years before death that would have to be returned in partition. A disclaimer intended to harm the heir’s own creditors may be challenged under Article 617. [1]

12. Final checks before applying

Establish dates: Death, learning of death, learning of heirship and any official notification.
Identify the route: Timely express disclaimer, further time for an important reason, or deemed rejection?
Check earlier acts: Any withdrawals, sales, division or other conduct indicating acceptance?
Consider other heirs: Who inherits afterwards, and do children need representation or permission?
Document the application: Keep the file number, disclaimer record and court notices; monitor subsequent service.

Disclaimer is not an ordinary choice that can easily be reversed later. Investigate the estate and monitor deadlines together; ongoing enquiries should not cause a missed application period.

Legal basis and sources

This guide provides general information. The starting date, succession order, representation and debt liability must be determined by examining civil-register records, notifications and estate transactions together.