The period for disclaiming an inheritance (mirasın reddi) is three months from the date on which the heir learns of the death of the deceased (miras bırakan). That period is laid down in Article 606 of the Turkish Civil Code no. 4721 and is a preclusive period (hak düşürücü süre). If it is allowed to pass, the inheritance is deemed to have been acquired unconditionally, and for that reason acting in time is decisive where the deceased left an insolvent estate.
- As a rule, the period for disclaiming an inheritance is three months from the date it is learned of (TMK m.606).
- For statutory heirs the period runs from the moment they learn of the death; for appointed heirs, from the moment the disposition is officially notified to them.
- The declaration of disclaimer is made orally or in writing to the civil court of peace (sulh hukuk mahkemesi).
- Where the deceased was insolvent on the date of death, disclaimer by operation of law (hükmi ret) may come into play under TMK m.605/2.
- Creditors may have a disclaimer made with the aim of harming them annulled by court action within six months, under TMK m.617.
- If the period is missed, the inheritance is deemed to have been acquired unconditionally, and for that reason time is critically important where the deceased was in debt.
What Is Disclaimer of an Inheritance?
Disclaimer of an inheritance is the legal act by which an heir declares that he or she will not accept the inheritance passing to him or her, with the result that the heir is freed from both the assets and the liabilities of the deceased. When the deceased dies, the inheritance passes automatically to the statutory heirs and to any appointed heirs; disclaimer causes that passing to be undone with retroactive effect. For the disclaimer to produce its effects, the procedure and the time limit provided for in the statute must be complied with.
Under the first paragraph of Article 605 of the Turkish Civil Code no. 4721, both statutory heirs and appointed heirs may disclaim the inheritance. The right of disclaimer is a right strictly personal to its holder; the heir exercises it in his or her own name and cannot transfer it to anyone else. Where the heir is a minor or is subject to a restriction of capacity, the declaration of disclaimer is made by the legal representative, with the necessary authorisations obtained. Disclaimer is generally preferred where the deceased was heavily indebted, where the estate (tereke) has no economic value, or where the heir wishes to bring his or her relationship with the deceased to a complete end.
Who May Disclaim an Inheritance?
The right of disclaimer belongs to the spouse, the descendants, the ascendants and the other relatives listed in the statute who hold the status of statutory heir, as well as to heirs appointed by a will or by a contract of succession. However many heirs there may be, each decides independently in respect of his or her own share. A disclaimer by one heir does not remove the freedom of the other heirs to accept or to disclaim the inheritance.
In connection with this subject, you may wish to look at our article discussing how an heir’s rights are protected in the reserved share and abatement action.
How Long Is the Period for Disclaiming an Inheritance?
Under Article 606 of the Turkish Civil Code no. 4721, an inheritance may be disclaimed within three months. That period is a preclusive period; it cannot be suspended or interrupted. The starting point of the period differs according to the status of the heir, and that distinction frequently gives rise to confusion in practice.
Start of the Period: Statutory Heirs
For statutory heirs, the three-month period begins to run from the date on which they learn of the death of the deceased. Unless the heir can prove that he or she learned of his or her status as heir at a later date, the date of learning of the death is taken as the basis. For example, where an heir living abroad can establish by concrete evidence that news of the death reached him or her late, the period runs from that date.
Start of the Period: Appointed Heirs
For heirs appointed by a will, the period begins on the date on which the deceased’s disposition upon death (ölüme bağlı tasarruf) is officially notified to them by the civil court of peace. That notification is generally made in the course of the opening and service of the will. Accordingly, for an appointed heir the period is calculated not from the date of death but from the date of the official service.
| Type of Heir | Start of the Period | Legal Basis |
|---|---|---|
| Statutory heir | Date of learning of the death of the deceased | TMK m.606 |
| Appointed heir (by will) | Date on which the disposition is officially notified | TMK m.606 |
| Statutory heir who learns of his or her status later | Date of learning of his or her status as heir (subject to proof) | TMK m.606 |
Extension of the Period
Where the justified grounds listed in the statute are present, the judge of the civil court of peace may be asked to extend the disclaimer period or to grant a fresh period. Such a request is exceptional in nature and depends on the court’s assessment of the features of the particular case. Applying before the period expires is important if the request is to be capable of being considered.
Necessary and ordinary acts such as covering funeral expenses or carrying out urgent and routine business belonging to the deceased (for example paying rent for a short period or securing the home) do not in themselves amount to an implied acceptance of the inheritance. By contrast, acts in the nature of dispositions, such as selling immovable property belonging to the estate or having a vehicle transferred into the heir’s name, may be regarded as capable of leading to the loss of the right of disclaimer. That distinction is examined separately in each individual case in practice.
How Is an Inheritance Disclaimed?
The declaration of disclaimer is made orally or in writing to the civil court of peace of the last domicile of the deceased. Where the declaration is oral, the court registry records it in a formal record. The declaration must be unconditional and unqualified; partial disclaimer or disclaimer subject to a condition is not accepted as valid. Documents such as a civil registry record and an identity document may be requested at the time of the application.
Each of the heirs may make a separate declaration of disclaimer for his or her own share; there is no obligation to act jointly. In practice it is useful to assess in advance who counts as an heir and whether the estate is insolvent. For that assessment, general information may be obtained from our practice area page on succession law; a separate examination is required for any particular file.
Form and Content of the Declaration of Disclaimer
The declaration of disclaimer must be clear and unconditional; declarations subject to a condition, such as “I disclaim if there are debts, and accept if there are none”, are not accepted as valid. The declaration sets out clearly the identity details of the heir, the degree of relationship with the deceased and the source of the inheritance being disclaimed (statutory heirship or a will). Once the court has received the declaration, it enters it in a formal record and the heir is given a document evidencing that act. That document is used to prove that the heir has disclaimed his or her share in dealings with the land registry, banks and other institutions.
Procedure for Heirs Located Abroad
Heirs living abroad may also make their declaration of disclaimer through the Turkish consulate in the country where they are located. The consulate receives the declaration in due form and transmits it to the relevant civil court of peace. It should not be forgotten that being abroad is not in itself a ground for extending the period, and that the period still begins to run from the date of learning of the death. Where the heir is a foreign national, it may also be necessary to review the rules on the acquisition of immovable property in Türkiye by foreigners as regards the devolution to that heir of immovable property forming part of the estate.
The Difference Between Actual Disclaimer and Disclaimer by Operation of Law
Article 605 of the Turkish Civil Code no. 4721 governs two different types of disclaimer. The first paragraph provides for the voluntary right of disclaimer granted to heirs, while the second paragraph provides that the inheritance is deemed to have been disclaimed automatically where the deceased’s inability to pay was manifest or had been officially established on the date of death. These two institutions involve different consequences and different burdens of proof.
| Feature | Actual Disclaimer | Disclaimer by Operation of Law |
|---|---|---|
| Legal basis | TMK m.605/1, m.606 | TMK m.605/2 |
| How it arises | By the heir’s declaration to the court | Automatically, by operation of the statute |
| Condition | Declaration of intention within the period | Manifest or officially established insolvency on the date of death |
| Establishment | Record of the civil court of peace | Where necessary, established by an action for disclaimer by operation of law |
Because disclaimer by operation of law takes place automatically, there is no need for the heir to make any separate declaration. In practice, however, whether the insolvency is manifest or official is often a matter of dispute. That uncertainty is what gives practical importance to the action for disclaimer of the inheritance by operation of law dealt with below.
The Shares of the Other Heirs Where One of Them Disclaims
Where one of the heirs disclaims his or her share, that share is treated, from the moment the succession opened, as though that person had never been an heir. The share of the disclaiming heir devolves upon the other heirs, or upon their descendants where there are any, under the rules of statutory succession. If all the statutory heirs disclaim, the estate is liquidated by the civil court of peace in accordance with the provisions on bankruptcy.
At this point, calculating in advance how the shares will be distributed helps the heirs to reach a sound decision on disclaimer. As regards the surviving spouse, it is first necessary to determine the portion to be set aside within the scope of the liquidation of the matrimonial property regime and the participation claim, and then to calculate the share of the inheritance over the remaining amount. For a general preliminary assessment, our inheritance share calculation tool may be used; the actual distribution, however, is determined by assessing together all the heirs in the file and the terms of any will.
What Are the Consequences of Disclaimer?
Where the disclaimer is validly made it has retroactive effect; the heir is deemed never to have been an heir from the moment the succession opened. As a result, the heir can neither assert rights over the movable and immovable property in the estate nor be held liable with his or her personal assets for the debts of the deceased. The disclaimer binds only the heir who made the declaration; it does not directly change the legal position of the other heirs.
As a rule, the descendants of the disclaiming heir do not take his or her place and become heirs, because disclaimer gives rise not to representation (substitution) but to the passing of the share to the other heirs. Once the decision to disclaim has been taken, the certificate of inheritance (mirasçılık belgesi, also known as the veraset belgesi) must be updated accordingly for the purposes of dealings with institutions such as the land registry and banks. The disclaiming heir is expected to produce, in the course of those dealings, the record of disclaimer obtained from the court. Once the disclaimer has been completed, the obligation to file an inheritance and transfer tax declaration also arises separately for the heirs who accept the inheritance; the current rates and exemption amounts may be followed through the Revenue Administration.
Protection of Creditors: Abuse of the Right of Disclaimer
Article 617 of the Turkish Civil Code no. 4721 provides protection against the disclaimer of an inheritance by an heir whose assets do not cover his or her debts, made with the aim of harming his or her creditors. In such a case the creditors or the bankruptcy administration may, if sufficient security is not provided to them, bring an action for annulment of the disclaimer within six months of the date of the disclaimer. If the action is upheld, the estate is officially liquidated.
Consequences of the Action for Annulment of the Disclaimer
Where annulment of the disclaimer is ordered, the claims of the creditors who brought the action are satisfied first out of the share that would have fallen to the disclaiming heir, followed by those of the other creditors. Any remaining portion passes to the other heirs as though the disclaimer were valid. The purpose of this rule is to protect creditors against heirs who seek to avoid their debts by disclaiming an inheritance.
Liability Towards the Creditors of a Deceased Unable to Pay
Under Article 618 of the Turkish Civil Code no. 4721, heirs who disclaim the inheritance of a deceased who was unable to pay his or her debts are liable towards the creditors of the deceased to the extent of the value of what they received from him or her within the five years preceding the death and would have been obliged to return on distribution. Ordinary education expenses and a customary trousseau are excluded from that liability, and heirs acting in good faith are liable only to the extent of their enrichment at the time of return.
For heirs who consider that their reserved share has been infringed, rather than disclaiming the inheritance, you may wish to look at our article on the action for abatement of the reserved share, which is a different route.
Action for Disclaimer by Operation of Law: What Should Be Done Where the Deceased Was in Debt?
Where it is not clear that the deceased was insolvent on the date of death but the heir suspects that this was so, an action for disclaimer of the inheritance by operation of law (mirasın hükmen reddi davası) may be brought without waiting for the three-month disclaimer period. By that action the court is asked to establish that the deceased was insolvent on the date of his or her death. If the action is upheld, the heir obtains the same result as if he or she had never been an heir.
Unlike the classic declaration of disclaimer, the action for disclaimer by operation of law is not subject to a time limit; the insolvency of the deceased may be raised at any time. However, if within that period the heir has carried out acts relating to the estate (for example using property belonging to the estate as though it were his or her own), he or she may be deemed to have accepted the inheritance by implication, and that situation may make the claim for disclaimer by operation of law more difficult. For that reason, where insolvency is suspected, it is advisable to assess the legal position before the assets of the estate are touched.
What Happens If the Period Is Missed?
Once the three-month disclaimer period has passed, the heir can no longer disclaim the inheritance by way of actual disclaimer and is deemed to have acquired the inheritance unconditionally. In that situation the debts of the deceased may have to be met out of the heir’s personal assets. Because the period is preclusive, asking the court for additional time on the basis of an excuse is possible only in the exceptional circumstances provided for in the statute.
Illustrative Example (Hypothetical)
The following example is entirely fictitious and illustrative; it bears no relation to any real person or file. A, two months after learning of his father’s death, discovers that the commercial business registered in his father’s name is heavily indebted. As the period has not yet expired, A goes to the civil court of peace of the last domicile and makes a written declaration of disclaimer, which the court enters in a formal record. A’s brother B, on the other hand, although aware of the situation, misses the three-month period and is deemed to have acquired the inheritance unconditionally.
Some time later, B finds documents showing that his father was in fact manifestly in difficulty in meeting his payments on the date of death. At that point B may, even though the period has expired, consider bringing an action for disclaimer of the inheritance by operation of law and asking the court to establish the deceased’s insolvency on the date of death. This scenario shows why the difference between actual disclaimer and disclaimer by operation of law matters in practice.
Practical Steps and Common Mistakes
When news of the death is received, drawing up a rapid general picture of the assets and debts of the deceased is important so that the decision on disclaimer can be taken in time. Acts of disposition over the estate (such as withdrawing money from a bank account or using immovable property) must be avoided before the period expires; otherwise a risk of implied acceptance may arise.
Common mistakes include forgetting that the period runs not from the date of death but from the date of learning of it, making the declaration of disclaimer to the wrong court, and accepting the inheritance as it stands without investigating whether the estate is insolvent. The fact that each heir must make a separate declaration for his or her own share is also a point that is frequently overlooked.
Another common mistake is the misconception that all the heirs in the family must apply at the same time and by a single joint petition; in fact each heir’s declaration is assessed separately, and some heirs may accept the inheritance while others disclaim it. It should likewise not be overlooked that obtaining a certificate of inheritance or carrying out an official transaction concerning the estate before the disclaimer period expires may make a later claim for disclaimer more difficult. Since establishing insolvency requires a technical assessment, it is advisable to draw up a statement of the assets and liabilities of the estate as early as possible. For your questions you may reach us through our contact page; each application, however, is assessed separately in the light of the particular features of the file.
For other related topics you may wish to look at our article explaining the limitation periods in the action for annulment of the title deed and registration and at our relevant practice area page. For a calculation on this subject you may use our calculation tool. For current data, the Ministry of Justice and the current announcements of the union of bar associations have been taken as the basis.
You may also look at our articles on the spouse’s participation claim, another type of claim arising from heirship, and on the registration action concerning the land registry record in the calculation of the inheritance share. The provisions of the Turkish Civil Code on succession may be accessed through the legislation page of the Grand National Assembly of Türkiye.
What Will the Other Side Do?
In the course of a disclaimer of inheritance there are objections that the other heirs, the creditors or the creditors of the deceased may raise in order to protect their own interests; being prepared for those objections directly affects the outcome of the process.
- It may be argued that the disclaimer period was missed and that the declaration was made after the three-month period had expired. Against that, concrete evidence showing the date on which the death was learned of (the relevant document, where the heir is abroad) and the record showing the date of application to the court must be produced.
- It may be alleged that the heir accepted the inheritance by implication by carrying out an act of disposition over the estate. Keeping the invoices or receipts showing that the act carried out was merely a funeral expense or an ordinary or necessary piece of business is decisive in meeting that allegation.
- Creditors may seek annulment of the disclaimer by claiming that it was made with the aim of harming them (TMK m.617). Against that allegation, documents showing that the estate was genuinely insolvent and information establishing that the heir did not act in bad faith are important.
- It may be argued that the deceased was not insolvent on the date of death and that the conditions for disclaimer by operation of law have not arisen. Bank records showing the financial position on the date of death, enforcement proceedings (icra takibi) files or, where necessary, an examination by a court-appointed expert (bilirkişi) are used to meet that defence.
- The other heirs may claim that the share of the disclaiming heir will not devolve upon them or that the disclaimer was not made in due form. Producing the record of disclaimer obtained from the civil court of peace and the updated certificate of inheritance meets that objection.
Which objection will come to the fore varies according to the financial position of the estate and according to when and with what documents the disclaimer was made; for that reason it is important to collect the relevant documents before the period expires. To assess in advance what defence your file will face, you may get in touch.
Frequently Asked Questions
When does the period for disclaiming an inheritance start to run?
For statutory heirs it starts to run from the date of learning of the death of the deceased, and for appointed heirs from the date on which the disposition upon death is officially notified.
How many months is the period for disclaiming an inheritance?
Under Article 606 of the Turkish Civil Code no. 4721 the period is three months and it is preclusive.
What happens if the disclaimer period is missed?
Once the period has passed the inheritance is deemed to have been acquired unconditionally; where there is insolvency, however, an action for disclaimer by operation of law may be assessed separately.
Which court is applied to?
The declaration of disclaimer is made orally or in writing to the civil court of peace of the last domicile of the deceased.
What is the difference between disclaimer by operation of law and actual disclaimer?
Actual disclaimer arises through the voluntary declaration of the heir, whereas disclaimer by operation of law arises automatically under TMK m.605/2 by reason of the insolvency of the deceased on the date of death.
Does a disclaimer by one heir affect the shares of the others?
Yes. The share of the disclaiming heir devolves upon the other heirs under the statutory rules, as though that person had never been an heir.
Can creditors object to an heir’s disclaimer?
Under TMK m.617, a disclaimer made with the aim of harming creditors may be annulled by those creditors by court action within six months.
What should be done if the deceased was in debt?
A declaration of disclaimer may be made within the period; where the insolvency is disputed, an action for disclaimer of the inheritance by operation of law may be brought and a determination by the court sought.
The text of the statute may be accessed through the official text of the Turkish Civil Code no. 4721 on mevzuat.gov.tr. For the calculation of the period and the assessment of insolvency in your particular file, your certificate of inheritance and the information relating to the estate must be examined together.
Related Articles and Sources
In connection with this subject, our articles entitled reserved share and the action for abatement and action for annulment of the title deed and registration also contain useful information. For following current data and legislation, the resources of the Yargıtay (the Court of Cassation) Decision Search System and the Union of Turkish Bar Associations may be used.
Table of Time Limits
| Time limit | How long | Start |
|---|---|---|
| Disclaimer of the inheritance | 3 months | From the date of learning of the death of the deceased |
| Action for annulment of the disclaimer (creditors) | 6 months | From the date of the disclaimer |
Sources
- Revenue Administration (GİB)
- Ministry of Justice
- Union of Turkish Bar Associations
- tbmm.gov.tr
- Legislation Information System (mevzuat.gov.tr)
- Yargıtay (the Court of Cassation) Decision Search System
- Delay and Penalty Clauses in the Construction Contract in Return for Flats
- The Best Interests of the Child in Custody: What Does the Court Look At?
- Action to Increase Maintenance: CPI Rate, Conditions and Timing
- Evidence in Contested Divorce: What May Be Used, What Is Unlawful?
Related Articles
- Reserved Share and the Action for Abatement: How Is an Heir’s Right Protected?
- Purchase of Immovable Property by Foreigners and the Citizenship Process (2026)
- How Are the Liquidation of the Matrimonial Property Regime and the Participation Claim Calculated?
- Action for Annulment of the Title Deed and Registration: Collusion by the Deceased and Limitation
This article is for general information purposes and does not take the place of legal advice. Your particular situation requires a separate assessment of your file.
This article was prepared on the basis of the legislation in force as at 17.09.2026.
KCD Hukuk
Find out about our firm
