The principle of "universal succession" applies in Turkish law. That is, heirs automatically inherit not only the assets (house, car, money) of the decedent but also their debts.
The legal deadline for inheritance rejection is 3 months — a strict forfeiture period. Applications are made to the civil court of peace. In insolvent estate cases, inheritance can be rejected. Rejected shares pass to descendants.
If the debts of the deceased exceed their assets (if the estate is insolvent), the heirs' own personal assets are at risk. The legal way to get rid of this situation is Rejection of Inheritance.
1. Unconditional Rejection (Actual Rejection)
Heirs can reject the inheritance by applying to the Civil Court of Peace within 3 months from the date they learned of the decedent's death. This period is critical.
Application Details:
- Period: 3 months from the date of death. (It is a forfeiture period).
- Competent Court: Civil Court of Peace of the decedent's last place of residence. (E.g.: Cerkezkoy Courthouse for someone who died in Cerkezkoy).
- Form: Done by oral or written declaration. The declaration must be "unconditional".
- Important: You cannot say "I reject the debts but I want the house". Either all is accepted or all is rejected.
2. Judgment of Rejection (Insolvency)
Sometimes heirs may miss the 3-month period. However, if the decedent was insolvent at the time of death and this situation is clearly evident (for example, if there are many finalized enforcement proceedings against them), the inheritance is deemed rejected by law.
This is called "Judgment of Rejection". There is no 3-month period requirement for judgment of rejection. However, a lawsuit must be filed in the Civil Court of First Instance to determine this situation.
Consequences of Rejection of Inheritance
The question most asked by citizens is: "If I reject, will the debt pass to my children?"
No. If all of the nearest legal heirs reject the inheritance, the estate is liquidated according to bankruptcy provisions. If only one heir rejects, their share passes to the other heirs.
Important Warning: Appropriation of Estate
If the heir uses, sells, or hides estate assets (except for ordinary management tasks) before the
3-month period expires, they lose the right to reject the inheritance.
For example; continuing to use the deceased father's car or withdrawing money from the bank can be
considered "implied acceptance" and you will be responsible for all debts.
Atty. Fatih Özden
Marmara University Faculty of Law Graduate | Expert Mediator
Attorney Fatih Özden operates his law office across from Çerkezköy Courthouse, specializing in family law, employment law, criminal defense, and mediation. He provides legal representation and expert mediation services in Çerkezköy, Kapaklı, and Saray regions.