What is the Rejection of Inheritance? How to Do It?

In this article, we aim to provide basic information in a brief and understandable manner about rejection of inheritance, which comes to the agenda when the inheritance is insolvent after the death of the deceased or the heirs do not want to accept the inheritance. In practice, this process is also called rejection of inheritance. In general, rejection of inheritance is divided into rejection by operation of law and actual rejection.

In this article, the actual rejection of inheritance will be examined. This process is regulated under Articles 605 and following of the Turkish Civil Code and ensures that the heirs reject the inheritance and are not responsible for the debts of the estate. In this context, the most frequently asked questions in practice, such as what rejection of inheritance is, under what circumstances it can be done, by whom it can be carried out, which court has jurisdiction, and how the process progresses, are addressed.

WHAT IS REJECTION OF INHERITANCE? HOW TO DO IT?

In this article, we aim to provide basic information about the rejection of inheritance in a short and understandable way, which comes up in cases where the inheritance is insolvent (debt-ridden) after the death of the deceased or the heirs do not want to accept the inheritance. Generally, rejection of inheritance is divided into two as constructive and actual rejection. In this article, the institution of actual rejection of inheritance will be examined. This process is regulated under Articles 605 and following of the Turkish Civil Code and allows the heirs to not be responsible for the debts of the estate by rejecting the inheritance. In this context, we address the most frequently asked questions in practice, such as what rejection of inheritance is, in which cases it can be done, by whom it can be carried out, which court is in charge, and how the process progresses.

What is rejection of inheritance?

Rejection of inheritance is the process by which an heir declares that they do not accept the inheritance passed to them after the death of the deceased. With this process:

• The heir is not responsible for the debts of the estate.

                    * The title of heir is eliminated retroactively.
                    * The inheritance passes to other heirs or descendants.
  
                

This is based on the provisions of Article 605 and following of the Turkish Civil Code.

In which cases is rejection of inheritance done?

Rejection of inheritance is particularly done in the following cases:

• The inheritance is insolvent (debt-ridden)

                    * The debts of the deceased are high
                    * The heir does not want to be responsible for the debts
                    * The inheritance has no economic value
  
                

This process ensures the protection of the heir from financial liability.

Who can reject the inheritance?

Rejection of inheritance can be done by:

• Legal heirs

                    * Appointed heirs
  
                

Each heir can reject the inheritance independently regarding their own share.

Against whom is the rejection of inheritance done?

The rejection of inheritance is not a classical contentious lawsuit filed against a defendant. This process is a declaration process in the nature of a non-contentious legal matter and is made to the civil court of peace.

What is the authorized and competent court in the rejection of inheritance?

The court in charge is the Civil Court of Peace. The competent court is the court of the last residence of the deceased (TCC Art. 609).

Is there a time limit for the rejection of inheritance?

The period determined by law for the rejection of inheritance is 3 months. This period starts:

• From the date legal heirs learn about the death of the deceased

                    * From the date appointed heirs are notified of the will
  
                

This is a forfeiture period (TCC Art. 606). At this point, it should be noted that if the deceased is clearly or officially insolvent at the time of death, the inheritance is deemed rejected automatically (TCC Art. 605). This is called constructive rejection.

What should be done before rejecting the inheritance?

Before making the decision to reject the inheritance, the following points are important:

• Investigation of the debt status of the inheritance

                    * Examination of bank and execution records
                    * Determination of the assets related to the estate
  
                

These examinations are of great importance for making the right decision.

How does the rejection of inheritance process progress?

The rejection of inheritance process generally progresses as follows:

1. An application is made to the Civil Court of Peace. 1. The declaration of rejection is made verbally or in writing. 1. The declaration is recorded in the minutes. 1. The rejection process is officially recorded.

With this process, the heir successfully rejects the inheritance.

How long does it take for the rejection of inheritance to conclude?

The rejection process is usually completed on the same day or within a few days. However, the time may vary depending on court density or the method of application.

The information on this page has been prepared for general information purposes. Legal evaluation may differ based on the characteristics of each case. It is important to obtain legal support for a specific evaluation of your concrete case regarding the rejection of inheritance.

The information on this page is prepared for general information purposes. Legal evaluations may vary depending on the characteristics of each case. In order to obtain an evaluation specific to your concrete case regarding rejection of inheritance, it is important to obtain legal support.

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