An inheritance covers debts as well as assets. If the deceased's debts exceed their assets, heirs may renounce the inheritance so as not to be liable for those debts with their own property. The Turkish Civil Code ties this right to a time limit and a formal procedure.
Time limit and form
Renunciation is declared, in writing or orally, to the civil court of peace at the deceased's last place of residence within three months of the death. The declaration must be unconditional. For legal heirs the period runs from the death unless they prove that they learned of their status later.
Deemed renunciation
If the deceased's insolvency was evident or officially established at the time of death, the inheritance is deemed renounced without any declaration. In practice, however, an action to establish deemed renunciation may be needed to rely on it against creditors.
Losing the right to renounce
- The three-month period has expired; the inheritance is then deemed accepted unconditionally.
- The heir has interfered with the estate, carried out transactions beyond ordinary management or concealed estate assets.
- The heir has expressly or tacitly accepted the inheritance.
Effects of renunciation
An heir who renounces is treated as if they had never been an heir, and their share passes to their own descendants as if they had predeceased. Creditors may seek annulment of the renunciation within six months if it was made to their detriment.
Three months is a short period and easily missed in the turmoil that follows a death. If you suspect the deceased had debts, consult a lawyer before touching the estate.