Rejection of Inheritance in Türkiye for Heirs Living Abroad

Overview

Under Turkish law, an inheritance passes automatically to the heirs upon the death of the deceased, together with its rights and liabilities. An heir living abroad should therefore promptly assess any assets and debts located in Türkiye.

A rejection of inheritance made abroad does not automatically have legal effect in Türkiye and is not automatically reflected in Turkish civil registry, court, land registry, bank or enforcement records.

For the rejection to take effect in Türkiye, a separate declaration must generally be made under Turkish law and within the statutory period before the competent Turkish Civil Court of Peace (Sulh Hukuk Mahkemesi).

What Is Rejection of Inheritance?

Rejection of inheritance is the declaration by a legal or appointed heir that the inheritance passing to them is not accepted. The rejection applies to the estate as a whole; an heir cannot reject only the debts while accepting the assets.

The declaration must be unconditional and without reservation. It is not a conventional contentious lawsuit. The heir makes an oral or written declaration to the competent court, which records it in a special register.

Statutory Three-Month Period

As a general rule, the statutory period for rejecting an inheritance is three months.

For legal heirs, the period begins when they learn of the death. If the death is learned on the date it occurs, the period is generally calculated from the date of death. If it can be proven that heirship was learned later, the period may begin on that later date.

For appointed heirs, the period generally begins on the date they are formally notified of the testamentary disposition.

Living abroad does not automatically suspend or extend the three-month period. A rejection procedure conducted abroad also does not automatically interrupt the Turkish period. The applicable deadline in Türkiye must therefore be monitored separately.

Where important reasons exist, the court may extend the period or grant a new period. This is an exceptional remedy and depends on the circumstances of the case and the court’s discretion.

Which Court Has Jurisdiction?

As a rule, the declaration is made to the Civil Court of Peace at the deceased’s last place of residence in Türkiye. If the deceased’s last residence was abroad, no Turkish registration exists or the residence is unclear, the competent court must be determined separately for the particular case.

A foreign rejection document or court decision may be submitted as evidence in the Turkish procedure, but it does not remove the need for a separate declaration before the Turkish court.

The heir does not always need to travel to Türkiye. A lawyer may act under a power of attorney containing express and specific authority to reject the inheritance.

Documents That May Be Required

Depending on the circumstances, the following documents may be requested:

Powers of attorney and other documents issued abroad may require an apostille, consular authentication or certified translation. Additional steps may be necessary if the death has not been entered in the Turkish civil registry or if the family relationship is not clear from the records.

The three-month period generally continues to run while the documents are being prepared.

• Death certificate
• Copy of the heir’s identity card or passport
• Civil status and family registry records
• Certificate of inheritance, if available
• Power of attorney containing specific authority to reject the inheritance
• Foreign decision or document concerning the rejection
• Apostilled or duly authenticated copies of documents
• Certified Turkish translations
• Evidence showing when the death or heirship was learned

Consequences for Other Heirs and Children

A legal heir who rejects the inheritance is treated as if they had not been alive when the deceased died, and their share may pass to other beneficiaries. The rejecting heir’s children or other descendants may therefore become heirs; a parent’s rejection does not automatically apply to the children.

For minor children, legal representation, possible conflicts of interest, appointment of a representative or guardian, court approval and a separate rejection on the child’s behalf may need to be considered. Before rejecting, it is important to identify who will take the share and how the period will apply to the succeeding heir.

If all of the closest legal heirs reject the inheritance, the estate is liquidated in accordance with insolvency provisions.

What Does Professional Legal Advice Provide?

The review of a rejection made abroad and the separate procedure required in Türkiye should be planned together. Dedeoğlu Partner provides legal advice particularly on the following matters:

Because rejection of inheritance is subject to a statutory deadline, the matter should be reviewed promptly after the death or heirship becomes known.

• Assessing the beginning and end of the three-month period
• Reviewing the foreign rejection document and supporting records
• Preparing a power of attorney containing specific authority
• Coordinating apostille, authentication and translation requirements
• Making the declaration before the competent Turkish court
• Assessing the consequences for children and other heirs

Disclaimer

This article is intended solely for general information and does not constitute legal advice. Deadlines, jurisdiction and required documents may vary according to the circumstances of each case. A case-specific legal assessment should be obtained to avoid loss of rights.