What Happens If All the Nearest Intestate Heirs Renounce the Inheritance?

Renunciation of Inheritance and Estate Debts

Prepared by: Constantinople

If all the nearest intestate heirs renounce the inheritance, the Turkish Civil Code provides for liquidation by the civil court of peace under bankruptcy provisions. This does not involve waiting for every distant relative to renounce individually or automatically passing shares to all subsequent relatives. The persons directly entitled at death and whether they have all validly renounced must first be established. Statements of intention within the family alone are insufficient.

During liquidation, the estate’s assets, debts and creditors’ positions are addressed through the legal process. Any value remaining after liquidation is given to those entitled as if they had not renounced the inheritance. A declaration of renunciation therefore does not mean that every estate asset becomes ownerless or that all alleged debts disappear without examination. Creditors’ rights and special statutory liability situations must also be assessed on the particular facts.

The law also contains different arrangements, such as shares passing to the surviving spouse where all descendants renounce and renunciation in favour of subsequent heirs. Requesting that subsequent heirs be consulted is subject to a special request and notification procedure before liquidation. The statutory one-month acceptance period in that procedure must not be confused with the general three-month renunciation period. The applicable provision depends on the family structure and declarations made.