Inherited Debts: How Long Do I Have to Renounce an Inheritance?

You have lost your father or mother. Only a few weeks after the funeral, a letter arrives from a bank, or someone you know says, “The deceased owed me money.” In the middle of your grief, another question suddenly comes to mind: Will these debts pass to me?

The short answer is: yes, if you do nothing, they will. However, the law gives you an option: you can renounce the inheritance. You have three months from the date on which you learn of the death, and during this period you must refrain from dealing with the deceased’s assets. These are the two key points of this article; below, we explain everything in detail.

Will the debt really pass to me?

Under the Turkish Civil Code, heirs acquire the inheritance automatically and as a whole upon the death of the deceased. The phrase “as a whole” is important: the house, the car, the bank account and everything else passes to the heirs; but so do the debts. The law expressly provides that heirs are personally liable for the debts of the deceased.

“Personally liable” means that creditors may have recourse not only to the assets inherited from the deceased, but also to your own assets. In other words, the argument “I did not receive anything from the inheritance, so the debt has nothing to do with me” is not legally valid. Once the inheritance is deemed to have been accepted, the debts become your responsibility.

Therefore, when faced with an inheritance burdened with debts, there are two options: either you accept the inheritance as a whole or you renounce it within the statutory period. There is also a third option, which we will discuss at the end of this article.

How long do I have to renounce an inheritance, and when does the period begin?

The period is three months. This is the statutory period; there is no general alternative period.

The point at which the period begins is one of the areas where rights are most frequently lost. For statutory heirs (such as a spouse, children, or parents), the period begins on the day you learn of the death. In most cases, this is the date of death. If you learned only later that you were an heir—for example, if you discovered months later that you had inherited from a distant relative—the period begins on the date you learned of this fact. However, you bear the burden of proving when you learned of it.

For a person appointed as an heir under a will, the period begins on the date on which the will is formally notified to that person.

There is one more detail: if the Civil Court of Peace orders an inventory of the estate for protective purposes, the three-month period begins when you are notified that the inventory proceedings have been completed. “Estate” means the entirety of the assets and liabilities left by the deceased.

Practical advice: when calculating the deadline, use the date on which you learned of the death as the starting point and do not wait until the last day. Any uncertainty at the end of the period may result in the inheritance being deemed to have been accepted unintentionally.

What happens if I miss the three-month period?

The law is clear on this point: an heir who does not renounce the inheritance within the statutory period is deemed to have acquired it unconditionally. In other words, once the period expires, the inheritance becomes yours together with its debts, and you can no longer renounce it.

For someone who has missed the deadline, the law provides only one possible avenue: if there are important reasons, the judge of the Civil Court of Peace may extend the renunciation period or grant a new period. This is a matter for judicial discretion; no one can guarantee that such a request will be accepted. The safest course is therefore to act within the original statutory period.

What should I avoid doing during the three-month period?

This is the most important warning in the article. Under the law, an heir who interferes with the administration of the estate, carries out acts outside the ordinary administration of the estate, conceals estate assets, or appropriates them before the renunciation period expires may no longer renounce the inheritance. In other words, the right to renounce may be lost even before the deadline expires.

In practical terms, selling the deceased’s car, clearing out the deceased’s home and distributing the belongings, withdrawing money from a bank account, or collecting receivables belonging to the deceased may be interpreted as acceptance of the inheritance. The law makes an exception for acts constituting “ordinary administration”; however, what qualifies as ordinary or extraordinary administration must be assessed on a case-by-case basis, and the boundary is not always clear. Therefore, the safest approach is this: if you are considering renouncing the inheritance, do not take any action concerning the deceased’s assets before making your renunciation declaration. If you are unsure whether a particular act is permissible, obtain legal advice first.

The law expressly provides for one exception: filing a lawsuit or initiating enforcement proceedings in order to prevent a receivable from becoming time-barred or a right from being forfeited does not eliminate the right to renounce the inheritance. Enforcement proceedings are formal proceedings initiated before the enforcement office to collect a receivable; taking such action to protect a receivable belonging to the deceased does not, by itself, mean that you have accepted the inheritance.

How is an inheritance renounced, and where do I apply?

Renunciation of inheritance is a declaration made before the Civil Court of Peace (Sulh Hukuk Mahkemesi). The declaration may be made orally or in writing; making it in writing by petition is advisable because it provides a formal record of your declaration. The judge records the declaration in the court minutes.

The declaration must be unconditional and without reservation. A statement such as “I accept if the debts are paid, but otherwise I renounce the inheritance” is not a valid renunciation.

Which court has jurisdiction? Under the law, a timely renunciation is entered in a special register maintained by the Civil Court of Peace at the place where the inheritance is opened. The inheritance is opened at the deceased’s place of residence. Accordingly, the competent court is the Civil Court of Peace at the deceased’s last place of residence, not the court where you live.

An heir who renounces the inheritance may request a document evidencing the renunciation. Obtain this document and keep it safely. If creditors later contact you, this document will be the clearest evidence of your position.

One further distinction should be made clear: a certificate of inheritance (mirasçılık belgesi, commonly referred to as a veraset ilamı) and renunciation of inheritance are two entirely different matters. A certificate of inheritance identifies who the heirs are and may be obtained from the Civil Court of Peace or a notary public. Renunciation of inheritance, on the other hand, is the formal declaration to the court that you do not wish to accept the inheritance. Neither replaces the other.

If I renounce the inheritance, will the debts pass to my children?

This is one of the most frequently overlooked issues in an inheritance burdened with debt. Under the law, when one of the statutory heirs renounces the inheritance, that heir’s share passes to the persons entitled to inherit as if the renouncing heir had not been alive at the time the inheritance was opened. In practice, this often means that when you renounce the inheritance, your share passes to your children, and the debt-laden inheritance then comes before them.

The law also protects these subsequent heirs: for persons who become heirs as a result of another heir’s renunciation, the three-month period begins on the date on which they learn that the preceding heir has renounced the inheritance. However, the commencement of the period does not mean that the right is exercised automatically; your children must also make their own renunciation declarations. In the case of minor children, you should obtain legal advice regarding the procedure to be followed on their behalf.

A similar rule applies where an heir dies without renouncing the inheritance: that heir’s right to renounce passes to his or her own heirs, and for those heirs the period begins on the date they learn that the inheritance has devolved upon them. Moreover, this period does not expire before the period granted to the original heir has expired.

What happens if everyone renounces the inheritance?

If all of the closest statutory heirs renounce the inheritance, the estate is liquidated by the Civil Court of Peace in accordance with the rules applicable to bankruptcy proceedings. In other words, the assets are sold and the debts are paid to the extent possible. If anything remains after liquidation, the remaining assets are distributed to those entitled to them as though the inheritance had not been renounced. In other words, renunciation does not necessarily mean that you lose any surplus value exceeding the debts.

There is another special situation: if all of the deceased’s descendants (children and grandchildren) renounce the inheritance, their shares pass to the surviving spouse. In that case, the spouse must also make an independent decision and, where necessary, submit a renunciation declaration within the statutory period.

The heirs may also request, at the time of renunciation, that the heirs who would inherit after them be asked whether they wish to accept the inheritance, before the liquidation takes place. In that case, the renunciation is notified to the subsequent heirs; if they do not accept the inheritance within one month, they are deemed to have renounced it.

What does “manifest insolvency” mean?

The law provides for another exception: if, at the time of death, it was clearly apparent or officially established that the deceased was insolvent, the inheritance is deemed to have been renounced. In other words, where it is evident that the deceased was unable to pay his or her debts, the law considers the heirs to have renounced the inheritance without requiring a separate declaration.

Relying on this provision and simply waiting can be risky. Whether insolvency was “clearly apparent” may be subject to dispute, and you may later have to prove it. Making a formal renunciation declaration before the Civil Court of Peace within the statutory period is the safer course in all cases.

I have renounced the inheritance. Is everything over?

Usually yes, but the law contains two important safeguards, and this is where people most often make mistakes.

First, if an heir whose assets are insufficient to cover his or her debts renounces an inheritance with the intention of prejudicing his or her own creditors, those creditors may file an action to annul the renunciation within six months from the date of renunciation. In other words, renunciation cannot be used as a means of evading your own creditors.

Second, heirs who renounce the inheritance of a deceased person who was insolvent may remain liable to the deceased’s creditors, up to the value of assets they received from the deceased during the five years preceding the death and which they would have been required to return in the distribution of the estate. Ordinary education and schooling expenses, as well as customary dowries, are excluded from this liability. Put simply: if the deceased transferred significant assets to you in the years before death, renouncing the inheritance does not necessarily place those assets beyond the reach of the deceased’s creditors.

I do not know whether there are any debts. What should I do?

Sometimes it is unclear whether the estate is burdened with debts. The law provides another option in addition to renunciation: any heir entitled to renounce the inheritance may request that an official inventory of the estate be prepared. This request must be made to the judge of the Civil Court of Peace within one month, following the procedure applicable to renunciation of inheritance.

Once the inventory is prepared, the deceased’s assets and liabilities are officially determined, allowing the heir to make an informed decision. The details of this procedure are beyond the scope of this article; for now, it is enough to know that such an option exists and that it is also subject to a statutory time limit.

Summary

• An inheritance passes automatically together with its debts, and the heir becomes personally liable for the deceased’s debts.

• The period for renouncing an inheritance is three months and, for statutory heirs, begins on the date on which you learn of the death.

• If the period expires, the inheritance is deemed to have been accepted unconditionally. An extension is possible only for important reasons and at the discretion of the judge.

• Taking action concerning the deceased’s assets during the period—such as selling property, distributing assets, or withdrawing money from an account—may cause the right to renounce to be lost. Do not take any action before making the renunciation declaration.

• Renunciation is made by an unconditional declaration before the Civil Court of Peace at the deceased’s last place of residence. Obtain and keep the document evidencing the renunciation.

• If you renounce the inheritance, your share may pass to your children, who must also renounce the inheritance within the applicable period.

• If everyone renounces the inheritance, the estate is liquidated by the court, and any surplus is distributed to the persons entitled to it.

• A renunciation made in bad faith may be annulled, and liability may continue in relation to assets received from the deceased during the five years preceding death.

• If it is unclear whether the estate has debts, requesting an official inventory is an alternative option; that procedure is also subject to a one-month period.

This article is a continuation of our article titled “When a Foreign Property Owner Dies, Does the Property in Türkiye Pass to His or Her Heirs?”, in which we briefly addressed the issue of an inheritance burdened with debts.

This article has been prepared on the basis of the legislation in force in Türkiye as of September 15, 2026. It is intended for general informational purposes only and does not constitute legal advice in relation to any specific case.