Renunciation of Inheritance

What Is the Renunciation of Inheritance?

The renunciation of inheritance is the declaration by heirs, following the death of the decedent, of their intent not to accept the estate in order to avoid liability for its debts. In this way, the heirs are relieved not only from acquiring the assets of the estate but also from assuming its liabilities. In legal terms, the renunciation of inheritance constitutes an essential safeguard designed to protect the heir’s personal assets.

When May an Action for the Renunciation of Inheritance Be Brought?

Pursuant to the Turkish Civil Code, the right to renounce an inheritance must be exercised within three months of the date on which the heirs learn of the decedent’s death. If no application is submitted to the Court of Peace within this period, the inheritance shall be deemed tacitly accepted. Thus, even silence on the part of the heir may amount to acceptance. For this reason, strict observance of the statutory time limit is crucial.

Conditions for the Renunciation of Inheritance

In order for the renunciation to be valid, the decedent must have passed away and the status of heir must have arisen. Furthermore, the renunciation must be made expressly and unconditionally. The declaration must be submitted before the court and carried out in an official form.

Legal Consequences of the Renunciation of Inheritance

In the event of renunciation, heirs are discharged from any liability for the debts of the estate. The estate is liquidated under the provisions governing bankruptcy, and creditors are paid out of the estate’s assets. Heirs are affected only to the extent of the estate’s assets, and their personal property remains protected. However, failure to exercise the right of renunciation within the statutory time limit, or failure to comply with the prescribed procedure, will render heirs personally liable for the debts of the estate.

The renunciation of inheritance is of vital importance, particularly where the debts of the estate exceed its assets. Failure to act in a timely and proper manner may lead to substantial loss of rights. Accordingly, professional legal assistance is of great significance to ensure that the process is properly managed.

👉 For further information on the renunciation of inheritance or to obtain professional legal assistance, please contact us without delay.