Disclaimer of Inheritance

As a rule, the period runs from the date the heir learned of the death and of their status as heir. For an heir living abroad who was not promptly informed, this can be considerably later than the date of death, and Turkish courts examine the factual question of actual knowledge closely. The heir must be able to demonstrate when they learned of the death, for example through correspondence or official notifications, rather than simply assert late knowledge. Heirs who assume the clock starts only on formal notification through official channels are frequently wrong: actual knowledge from any source counts.

Where the estate is clearly insolvent, so that the debts evidently exceed the assets, the Turkish Civil Code presumes that the heirs have disclaimed the inheritance without a formal declaration. The presumption does not depend on a declaration filed within the three-month period. It is, however, limited to cases where the insolvency is evident, and whether that condition is met can be disputed. Where there is any doubt about the estate's financial position, an heir should not rely on the presumption alone but should consider filing a formal declaration within the period, which removes the uncertainty.

Yes. An heir who validly disclaims within the deadline refuses the succession as a whole, assets and liabilities alike, and is not treated as an accepting heir liable for the deceased's debts. Conversely, an heir who misses the deadline without a recognised excuse is deemed to have accepted the inheritance and remains liable for the debts, which is why the decision must be made quickly where the liabilities are uncertain or appear to exceed the assets. Simply not claiming the inheritance or ignoring communications about it does not achieve the same result as a formal disclaimer.

Yes. The declaration can be filed through a duly authorised representative acting under a power of attorney covering the disclaimer and properly authenticated for use in Türkiye. Turkish consulates abroad can in some circumstances assist with related documentation, but the formal filing follows the court procedure before the competent Turkish court. The heir should prepare proof of identity and relationship to the deceased, the death certificate with authentication and translation if issued abroad, and evidence of when they learned of the death. Because the deadline is short, the power of attorney should be arranged without delay.