English Translation

What is Inheritance Renunciation? Duration, Conditions, and Legal Consequences

For Turkish citizens living in Germany, having knowledge about Turkish inheritance law is very important. Especially in cases of inheriting debts, knowing what “Inheritance Renunciation” means, how and within which time frame it must be exercised can prevent serious losses.

What is Inheritance Renunciation?
Inheritance renunciation means that the heir refuses to accept the inheritance transferred to them after the death of the deceased. According to the Turkish Civil Code (TCC Articles 605 and following), inheritance passes to legal and appointed heirs at the moment of death. However, heirs can choose to renounce the inheritance. This right is particularly important when the estate is insolvent.

Duration of Inheritance Renunciation
The right to renounce inheritance must be exercised within a legal deadline. If missed, the inheritance is deemed accepted.

• Deadline: The heir must renounce the inheritance within three months from the date they learn of the death and their status as heir.
• For those living abroad: For Turkish citizens residing abroad (e.g., Germany), this period starts from the date they learn about the death and their heirship. Thus, the death certificate or official notification date is very important.

Conditions for Inheritance Renunciation
For renunciation to be valid, the following legal conditions must be met:

1. Application to the competent authority: Renunciation must be filed as a lawsuit at the relevant Peace Court (Sulh Hukuk Mahkemesi) in Turkey.
2. Form: Can be verbal or written but must be officially recorded.
3. Timely submission: The three-month period is strict and is a forfeiture period.

Legal Consequences of Inheritance Renunciation
If an heir renounces the inheritance, they are legally considered never to have been an heir. The consequences are:

• The share of the renouncing heir passes to their descendants (children), who may also renounce the inheritance.
• If no descendants exist, the share passes to other legal heirs (siblings, parents, etc.).
• If all legal heirs renounce, the inheritance passes to the state (TCC Article 612).
• After renunciation, the heir has no rights or responsibilities regarding debts or claims of the estate.

Important Notes for Turkish Citizens Living in Germany

• Since information about inheritance in Turkey may be delayed, it is important to regularly monitor death records and inheritance documents of deceased relatives.
• The renunciation period may be calculated from the date of knowledge in Germany, so it is recommended to keep documents dated and provable.
• Applications can be made directly to the Peace Court in Turkey or through an authorized representative (lawyer).

Conclusion
Inheritance renunciation is one of the most critical rights in inheritance law. Designed to protect individuals against insolvent estates, this right must be exercised within a specified period and procedure. Turkish citizens living in Germany should seek expert legal advice to avoid disadvantages caused by lack of information.

Note: This article is for informational purposes only. Each case may have different circumstances. For legal advice, please consult a specialized lawyer.