What is the Renunciation of Inheritance? How is it Done?
If the heir’s inability to pay is clearly stated and officially determined at the time of death, the inheritance is deemed to have been renounced (Turkish Civil Code, Article 605/ll). If the conditions for renunciation are met, there is no need to disclose the will. In this case, there is no time limit for acceptance or renunciation. This determination can always be requested from the court and can also be asserted in lawsuits filed by creditors of the estate.
In the case of an official renunciation, the heirs will receive the entire estate upon its opening, but this acquisition is temporary. It is not mandatory for the heir to declare that they have renounced the inheritance. If the heirs remain silent during the period of renunciation, it is presumed that they have renounced the inheritance (TMK m. 605). Since renunciation is accepted as a presumption, it is not necessary for the heirs to make a declaration of renunciation. However, the heir may make a declaration to the Civil Court of Peace to prevent future disputes.
The conditions for renunciation of inheritance are as follows:
If the deceased was unable to pay their debts at the time of death and it is clear that they will be unable to pay them,
or if it has been officially determined that the debts will not be paid,
and these conditions are met, it is assumed that the heirs have renounced the inheritance. In this case, it is also not necessary for them to make a declaration to this effect to the Conciliation Court.
However, there is no obstacle to them filing a lawsuit and being identified. Heirs may raise the defense of dismissal of the judgment in lawsuits filed against them by mortgage registry creditors due to the deceased’s debt. This objection may be examined by the court as a matter of fact and decided, and the heirs may be given a reasonable period to prove their claims in this regard. This is also the instruction of Article 68/IV of the Enforcement and Bankruptcy Law. In this way, in lawsuits or enforcement proceedings filed against the heirs, the heirs may raise the rejection of the judgment through appeal. For this purpose, the heir will be given a reasonable period of time to decide on this matter. The Enforcement Court is not authorized to examine this objection.
The court with jurisdiction and authority in cases brought by heirs to reject the judgment in proceedings initiated against them due to late payment and to determine the rejection of the judgment in the future is determined in accordance with the relevant articles of the Code of Civil Procedure. Accordingly, the court with jurisdiction is the court of the place of residence of the defendant creditor pursuing the case on the date the case is filed. The competent court is the Civil Court of First Instance.