An heir who has lost a relative is not obliged to accept the inheritance. The law gives heirs the possibility of disclaiming (renouncing) the inheritance, but this possibility is tied to a specific time limit, a specific form and specific consequences. This note summarises what Articles 605–612 of the Turkish Civil Code provide on the disclaimer of inheritance. For the document showing heir status, see the note What does a certificate of inheritance show, and where is it obtained?.
In brief: Statutory and appointed heirs may disclaim the inheritance (TCC Art. 605). The disclaimer period is three months and, as a rule, starts for statutory heirs on the date they learn of the deceased’s death (Art. 606). The disclaimer is made to the civil court of peace (sulh mahkemesi) by an oral or written declaration that is unconditional and unreserved (Art. 609). An heir who does not disclaim within the period acquires the inheritance unconditionally; interfering in the estate’s affairs as an heir may also extinguish the right to disclaim (Art. 610).
Who may disclaim the inheritance?
Under Article 605, statutory and appointed heirs may disclaim the inheritance. A statutory heir is a person who is an heir according to the degree of kinship determined by law; an appointed heir is a person whom the deceased made an heir by a disposition upon death, for example a will.
Under the second paragraph of the same article, if on the date of the deceased’s death insolvency is manifest or officially established, the inheritance is deemed disclaimed. In that case no separate declaration of disclaimer needs to be made; the law attaches the result directly. Whether an estate falls into this situation is assessed on the basis of the specific documents.
How long is the disclaimer period and when does it start?
Article 606 provides that the inheritance may be disclaimed within three months. The starting point of the period depends on the type of heir:
- Statutory heirs: The date on which they learned of the deceased’s death, unless it is proved that they learned only later that they were heirs.
- Appointed heirs: The date on which the deceased’s disposition was officially notified to them.
The starting date is determined not by a general rule but by the person’s own situation. For example, for a statutory heir who learned only later that he or she was an heir, the period may start on a different date if this can be proved.
If an inventory of the estate has been drawn up as a protective measure, the disclaimer period for the heirs starts when the civil judge of peace notifies them that the inventory has been completed (Art. 607). The right to disclaim of an heir who dies without having disclaimed passes to his or her own heirs; for them the period starts on the date they learn that the inheritance has passed to them, and it does not end before the period granted to the heir has expired (Art. 608).
How is the disclaimer made?
Under Article 609, the disclaimer of inheritance is made by the heirs to the civil court of peace by an oral or written declaration. The other elements provided by law are as follows:
- The disclaimer must be unconditional and unreserved; a declaration of disclaimer made subject to a particular condition is not sufficient for the purposes of this article.
- The judge of peace records the oral or written declaration of disclaimer in a minute.
- A declaration of disclaimer made within the period is entered in the special register of the civil court of peace of the place where the inheritance opened; if the disclaiming heir so requests, a document showing the disclaimer is issued to him or her.
Practical details such as the documents required for the application and how the procedure is carried out at the court are not set out in the statutory article; they are learned from the relevant civil court of peace.
In which cases does the right to disclaim lapse?
Article 610 distinguishes two situations:
- Expiry of the period: An heir who does not disclaim the inheritance within the statutory period acquires the inheritance unconditionally and unreservedly.
- Conduct as an heir: An heir who, before the disclaimer period expires, interferes in the estate’s affairs as an heir, performs acts that are not of the nature of ordinary management of the estate or go beyond what is necessary for carrying on the deceased’s affairs, or who conceals estate property or appropriates it, cannot disclaim the inheritance.
Under the last paragraph of the same article, bringing an action and taking enforcement proceedings to prevent limitation or forfeiture periods from expiring do not extinguish the right to disclaim. Which conduct falls within this framework depends on the specific case.
To whom does the share pass if the inheritance is disclaimed?
- If one of the heirs disclaims (Art. 611): The share of one of the statutory heirs passes to the persons entitled as if he or she had not been alive when the inheritance opened. If an appointed heir disclaims, the share goes to the deceased’s nearest statutory heirs, unless it is apparent from the deceased’s disposition upon death that the deceased’s wish was otherwise.
- If all of the nearest statutory heirs disclaim (Art. 612): The inheritance is liquidated by the civil court of peace according to the provisions on bankruptcy. Any values remaining after liquidation are given to the persons entitled as if they had not disclaimed the inheritance.
For heirs who accept the inheritance, partition is a separate matter. How an accepted inheritance may be divided among the heirs is discussed in the note Co-ownership of an estate, partition and dissolution of the co-ownership. How a certificate of inheritance is obtained is explained in a separate note.
This information note is for general information purposes and does not contain a legal opinion specific to any person.
Sources
- Sources 1 (opens in a new tab) — Accessed: October 7, 2026