Declaration, Time Limit and Deemed Renunciation of Inheritance

Legal Article · 12 November 2026
Attorney Thomas Andreas Di Constantinople

Renunciation of inheritance affects the heir’s position as a whole, rather than merely the benefits of the inheritance. Both intestate and appointed heirs have the right to renounce. As a rule, an heir cannot reject particular debts while accepting the assets; the declaration of renunciation must be unconditional and unqualified.

Express Renunciation and Deemed Renunciation

TMK m. 606 provides a three-month period for renouncing an inheritance. For an intestate heir, the period begins on learning of the deceased’s death unless the heir proves that they learned of their heirship later. For an heir appointed by will, official notification of the disposition is decisive. Special circumstances, such as preparation of an estate inventory and significant reasons, are assessed separately.

Renunciation is declared orally or in writing to the civil court of peace. Failure to renounce in time, or interference with the estate beyond ordinary administration and necessary preservation, may result in loss of the right to renounce. Not every act has the same consequence; concealment or appropriation of estate assets is particularly significant.

Deemed renunciation under TMK m. 605/2 is based on insolvency being clearly evident or officially established as at the date of death. It is not the same legal mechanism as renunciation by declaration within three months. An estate renounced by all the nearest intestate heirs does not simply pass to the next generation in the ordinary way; the liquidation rule in TMK m. 612 must be considered.

Source

Turkish Civil Code No. 4721, m. 605–615.

This article has been prepared for general legal information purposes.