Renouncing an Inheritance in Turkey (Mirasin Reddi): Deadline and Procedure

If a relative has died leaving debts, or an estate you simply do not want, Turkish law lets you refuse it. Renouncing an inheritance in Turkey (mirasın reddi) is done by a declaration to the civil court of peace at the deceased's last domicile, and the general deadline is three months from the date you learned of the death. Miss it, or treat the estate as your own before deciding, and you are usually treated as having accepted everything, debts included.

Below we explain how to renounce an inheritance in Turkey, how the deadline is counted, what the alternatives are and where heirs, including those abroad, most often go wrong. The rules described are those of the Turkish Civil Code (Law No. 4721) as of the time this article is written.

What Does Renouncing an Inheritance in Turkey Mean?

Renouncing an inheritance in Turkey means formally declaring that you will not become an heir, so you take neither the assets nor the debts. Turkish law follows the principle of universal succession. On death, the estate passes to the heirs automatically and as a whole: bank balances and property, but also loans, credit card debt, tax debt and guarantees the deceased signed. Heirs who accept are personally liable for those debts with their own assets, jointly with the other heirs.

Renunciation is the exit. Article 605 of the Turkish Civil Code gives both legal heirs and heirs appointed by a will the right to reject the estate. Rejecting an inheritance in Turkey is all or nothing. You cannot keep the apartment and refuse the bank loan. The declaration must also be unconditional: a renunciation that applies only if a sibling pays the debts is not valid.

An heir has four options, and renunciation is only one of them.

The Inheritance Renunciation Deadline in Turkey: Three Months

The inheritance renunciation deadline in Turkey is three months under Article 606 of the Turkish Civil Code. For legal heirs, such as children, a spouse or parents, the period starts on the date the heir learned of the death. If you can show that you only learned later that you were an heir, for example because a closer relative renounced first, it runs from that later date. For heirs appointed by a will, it starts when the court officially notifies them of the will.

Three situations change the calculation.

• An heir dies during the period. Under Article 607, the right to renounce passes to that heir's own heirs. Their period starts when they learn the inheritance has passed to them and cannot be shorter than one month.
• An official inventory is requested. When the court prepares a resmi defter, the heirs are given a new period, usually one month after the inventory is closed, to make their choice.
• The court extends the period. Article 615 allows the civil court of peace to extend the legal periods, or grant a new one, for valid reasons. This is at the judge's discretion, so ask before the three months run out and bring evidence.

Three months pass quickly. A family arranging a funeral and dealing with banks can lose half of the inheritance renunciation deadline in Turkey without noticing. We usually advise heirs to decide within the first few weeks and to leave the estate untouched meanwhile.

How to Renounce an Inheritance in Turkey, Step by Step

To renounce, you file a written or oral declaration with the civil court of peace (sulh hukuk mahkemesi) of the deceased's last domicile, and the court records it, as Article 608 requires. The procedure is non-contentious. There is no opposing party, and a straightforward file usually has no hearing.

1. Confirm who the heirs are. Obtain a population register extract (nüfus kayıt örneği) from the Directorate General of Population and Citizenship Affairs. A certificate of inheritance (mirasçılık belgesi) from a notary or court helps but is not always required.
2. Check the assets and debts. Make enquiries with banks, the land registry (Tapu Kadastro), the tax office and enforcement offices. If the picture stays unclear, consider an official inventory first.
3. Identify the competent court. This is the civil court of peace of the deceased's last domicile in Turkey. If the deceased had no domicile in Turkey, the court where the estate assets are located is generally competent.
4. Prepare the petition. It states your identity, the deceased's identity and date of death, your relationship, and an unconditional statement that you renounce the inheritance.
5. File the declaration. You or your lawyer submit it at the court registry, or electronically through the UYAP system, and pay the court fees.
6. Obtain the decision. The judge checks that the declaration was made in time and in the correct form and orders it recorded in the register kept for renunciations.
7. Use the decision. Give a certified copy to banks, creditors or enforcement offices that contact you about the deceased's debts.

Knowing how to renounce an inheritance in Turkey is only half the job. The court recording your declaration does not finally settle its validity, and a creditor can still argue later, in a separate case, that you had already accepted the estate. Your conduct before filing matters as much as the filing.

Required Documents for Mirasın Reddi

• Your identity card, or your passport with a notarised Turkish translation
• The death certificate or a population register record showing the date of death
• A document proving your relationship to the deceased, usually the population register extract
• The certificate of inheritance, if one has been issued
• Where a will exists, the court's notification of the will
• If a lawyer files for you, a power of attorney expressly authorising renunciation of an inheritance
• For foreign documents, an apostille or consular legalisation plus a sworn Turkish translation

The power of attorney needs care. Under Article 74 of the Code of Civil Procedure (Law No. 6100), renouncing an inheritance is among the acts a representative can perform only with express, special authority. A general litigation power of attorney that does not mention it is not enough.

Renouncing an Inheritance from Abroad

Renouncing an inheritance from abroad is possible without travelling to Turkey, provided the declaration reaches the competent Turkish court within the deadline. Many of the heirs we advise in Istanbul live in Europe, the Gulf or Asia, and the usual route is a power of attorney to a lawyer in Turkey.

You can sign the power of attorney at a Turkish consulate, or before a local notary, then have it apostilled (or legalised, for countries outside the Apostille Convention) and translated into Turkish by a sworn translator. Allow for this. Depending on the country, the apostille and translation can take a week or more.

Foreign heirs also ask which law applies. Under Article 20 of Law No. 5718 on private international law, inheritance is generally governed by the deceased's national law, but immovable property in Turkey is governed by Turkish law. If a foreign national dies owning an apartment in Turkey, Turkish renunciation rules usually apply to that property, while the rest of the estate may follow another country's law. Renouncing an inheritance from abroad can therefore mean two procedures with two different deadlines.

Whether renunciation, an official inventory or a liquidation request fits your situation depends on what the estate holds, what it owes, where it is located and who the next heirs are; a lawyer can assess it in a short consultation.

Rejecting an Inheritance in Turkey After the Deadline: Insolvent Estates

Rejecting an inheritance in Turkey after the three months is still possible in one important case: when the deceased was clearly insolvent at death. Article 605(2) of the Turkish Civil Code provides that the estate of a person whose inability to pay was clearly apparent, or officially established, at the date of death is deemed renounced. This is called hükmen ret, or deemed renunciation.

Deemed renunciation is not tied to the three-month deadline. The heir can file a declaratory lawsuit against the estate creditors, or raise the insolvency as a defence when a creditor sues or starts enforcement. The burden of proof is on the heir, typically through bank records, enforcement files and the value of the assets at the date of death. An estate that is only slightly in debt may not qualify.

This route is slower and harder to prove. While the deadline is still open, an ordinary declaration is the safer choice.

What Happens After You Renounce?

After a valid renunciation, you are treated as if you had died before the deceased, and your share passes to those who would inherit in your place (Article 611). Often that means your own children become heirs. They then have their own three-month period, and if the estate is in debt they usually need to renounce too. Where a parent renounces on behalf of a minor child, the court may require a curator (kayyım) because the interests of parent and child can conflict.

If all the nearest legal heirs renounce, the civil court of peace has the estate liquidated under bankruptcy rules (Article 612). Creditors are paid from the estate, and any surplus goes to the heirs as if they had not renounced.

Renunciation does not erase everything. Two limits apply:

• Under Article 618, heirs who renounce an insolvent estate may be liable to its creditors up to the value of benefits they received from the deceased in the five years before death that would have had to be brought into account on division.
• Under Article 617, if an heir who cannot pay their own debts renounces to harm their own creditors, those creditors can challenge the renunciation within six months.

Once recorded, a renunciation generally cannot be withdrawn because the heir changes their mind, for example after discovering an asset later.

Common Mistakes When Renouncing an Inheritance in Turkey

The most common mistakes when renouncing an inheritance in Turkey are acts that count as acceptance and deadlines lost to paperwork. Under Article 610, an heir who interferes with the estate beyond ordinary administration, or who hides or takes estate assets, loses the right to renounce.

• Using the deceased's money. Withdrawing funds, collecting rent or paying your own bills from the deceased's account can be treated as acceptance. Fix: leave the accounts alone until you decide, and discuss even funeral costs with a lawyer first.
• Selling or transferring assets. Selling the car or transferring property at the land registry is a clear act of acceptance. Fix: take only the steps needed to preserve the assets.
• Miscounting the start date. Heirs abroad often assume the period starts when papers arrive from Turkey. It usually starts when you learn of the death. Fix: count from that date and keep evidence of when you were told.
• A defective power of attorney. Missing the express authority to renounce, or the apostille, can cost weeks. Fix: have the wording checked in Turkey before you sign.
• Forgetting the next heirs. When parents renounce, their children often inherit the same debt. Fix: plan the declarations for the whole family line.

Simply obtaining a certificate of inheritance is generally not treated as acceptance. In our practice at Karanfiloglu Law Firm, the problem we see most often is not the deadline itself but an act in the first weeks after the death, such as a withdrawal from the deceased's account, that a creditor later presents as acceptance.

How Long Does Renunciation Take, and What Does It Cost?

A straightforward renunciation is one of the quicker procedures before Turkish courts. As of the time this article is written, typical stages are:

• Gathering documents in Turkey: usually a few days.
• A power of attorney from abroad, with apostille and translation: often one to three weeks.
• Filing and the court decision: filing takes a day; the decision usually follows within a few days to a few weeks, depending on the court's workload.
• An official inventory, if requested: often several weeks to a few months.
• A deemed renunciation lawsuit: usually several months or longer.

Costs fall into two groups. Official costs are the court fees, set by an annual tariff and generally modest for a declaration. Other costs cover the notary, apostille and sworn translation for documents from abroad, and the lawyer's fee if you are represented. Official fees change every year, so confirm current amounts with a lawyer before filing.

Renouncing an inheritance in Turkey is a simple filing if you act early: an unconditional declaration to the civil court of peace, within three months, without touching the estate first. Check the debts, choose between renunciation, an inventory and liquidation, and plan for the heirs who come after you.

Talk to a Lawyer in Istanbul

If you would like advice on your own situation, Karanfiloglu Law Firm is a registered law office in Istanbul serving foreigners and Turkish clients across Turkey. You can reach us by phone or WhatsApp at +90 532 659 35 11, by email at karanfiloglu.lawyer@gmail.com, or visit us at Merkez Mah. Hasat Sk. No:12, 34384 Şişli, İstanbul. Contact us to discuss your situation.

Frequently Asked Questions

What is the deadline for renouncing an inheritance in Turkey?

The deadline for renouncing an inheritance in Turkey is three months, counted from the date a legal heir learned of the death, or from the court's notification for heirs appointed by a will. The civil court of peace can extend the period for valid reasons, and the period runs from a later date if you only learned later that you were an heir.

Can I renounce the debts and keep the property?

No, renunciation covers the whole estate, assets and debts together. If you want to limit your exposure without giving up everything, an official inventory or an official liquidation request may be more suitable, depending on the estate.

Can I renounce an inheritance in Turkey if I live abroad?

Yes, you can renounce from abroad through a lawyer in Turkey holding a power of attorney that expressly authorises renunciation. The power of attorney is signed at a Turkish consulate or before a local notary with an apostille and a sworn Turkish translation, and the declaration must still reach the court within the deadline.

What happens if I miss the three-month deadline?

If you miss the deadline, you are generally treated as having accepted the inheritance, including its debts. The main exception is deemed renunciation (hükmen ret), where the deceased was clearly insolvent at death, which you can establish through a lawsuit or raise as a defence against creditors.

Will my children inherit the debts if I renounce?

Often yes, because your share passes to those who would inherit in your place, usually your descendants. They have their own period to renounce, so families commonly plan declarations for each generation together.

Can a renunciation be cancelled later?

A recorded renunciation generally cannot be withdrawn simply because you change your mind. Creditors of an heir who renounced to avoid paying them can, however, challenge it within six months under Article 617 of the Turkish Civil Code.

Does paying for the funeral from the deceased's account count as acceptance?

It can, and this is a grey area that depends on the amount and circumstances. Reasonable funeral expenses are sometimes viewed differently from other withdrawals, but it is safer to take advice before using any estate funds.

About the Author

Kaan Karanfiloğlu is the founder of Karanfiloglu Law Firm, an Istanbul-based registered law office serving Turkish and international clients across Turkey. He is a lawyer registered with the Istanbul Bar Association (Reg. No. 58270) and the Union of Turkish Bar Associations (No. 133074), and has practised law in Turkey since 2017. He holds an LL.B. from Galatasaray University Faculty of Law (2016) and advises clients in Turkish, English and French; Russian- and Chinese-speaking clients are served through native-speaking advisors at the office.

Disclaimer: This article provides general information about Turkish law and is not legal advice. Laws, regulations, official fees and procedures change over time and every situation is different. For advice on your specific circumstances, please consult a qualified lawyer. No liability is accepted for any loss arising from reliance on the information in this article.