KÜHEYLAN HUKUK
How to Do Denial of Inheritance (Rejection of Inheritance)? Duration, Defective Rejection, Consequences of Rejection and Creditors' Right to Sue Three-month rejection period, difference between actual rejection and default rejection, loss of right of rejection and action for cancellation of rejection Legislation and case law information has been compiled as of October 2026. The provisions of TMK art.599, art.605-617 and HMK art.384 and the Supreme Court decisions dated 2025 are taken as basis.
The heirs acquire the inheritance as a whole upon the death of the testator and become personally responsible for the debts of the testator (TCC Art. 599). Legal and appointed heirs can reject the inheritance within three months (TMK articles 605-606). Rejection is made to the court of peace by verbal or written, unconditional and unconditional declaration (TMK article 609). If the testator's inability to pay is clearly evident or officially determined on the date of death, the inheritance is deemed to have been rejected; This statutory rejection is not subject to a time limit (TMK article 605/2). Behaviors that claim ownership of the estate within the rejection period eliminate the right of rejection (TCC Art. 610). The rejection made by the heir with the aim of harming his creditors can be canceled within six months starting from the date of rejection (TMK article 617).
Heirs directly acquire the real rights, receivables and other property rights of the deceased; He becomes personally responsible for his debts (TMK article 599/2). For this reason, accepting an inheritance in an estate whose debts exceed its assets puts the heir's own assets at risk. The law provides two ways of protection for the heir: real rejection within the time limit and rejection by default in cases where the estate is clearly in debt.
how to Unconditional declaration to the court of peace Request or defense to determine that the estate is in debt
Inheritance can be rejected within three months. For legal heirs, this period starts from the date they learned about the death of the deceased, unless it is proven that they learned that they were heirs later; For heirs appointed by will, it starts to operate from the date on which the testator's disposition is officially notified to them (TCC Art. 606). The General Assembly of the Supreme Court of Appeals, in its decision dated 12.02.2025 and numbered E.2023/1071 K.2025/35, reiterated that the three-month period is derogatory and this initial distinction.
In case of writing of the estate as a protection measure, the rejection period starts when the judge of peace notifies the heir that the writing process has ended (TMK article 607). The period is again three months; There is no rule such as reducing the duration to one in writing. The right of rejection of the heir who dies without rejecting the inheritance passes to his heirs; For these, the period starts from the date they learn that the inheritance has passed to their testators (TMK article 608). In the presence of important reasons, the judge of peace may extend the rejection period or grant a new period (TMK article 615).
3. How to Do Real Rejection?
Rejection is made by the heirs to the court of peace through a verbal or written statement and must be unconditional and unconditional. The judge of peace determines the statement with a report; Rejection made within the prescribed period is recorded in the special registry by the peace court of the place where the inheritance is opened, and if the heir wishes, a document showing the rejection is given to him (TMK article 609). The declaration made by the notary does not replace this transaction.
In terms of authority, the 5th Civil Chamber of the Supreme Court of Appeals, in its court decision dated 20.01.2025 and numbered E.2024/8958 K.2025/750, stated that the actual rejection of the inheritance request is a non-contentious judicial matter, and that the court of the place where the requester or one of the concerned parties resides is authorized in non-contentious judicial matters (HMK article 384). For this reason, the declaration of rejection does not depend only on the court of the last place of residence of the testator; The civil court of peace where the heir resides is also considered competent.
If the testator's inability to pay is clearly evident or officially determined on the date of death, the inheritance is deemed to have been rejected (TCC Art. 605/2). The 7th Civil Chamber of the Supreme Court of Appeals, in its decision dated 12.02.2025 and numbered E.2025/109 K.2025/688, stated that this request is not subject to time and that it does not matter whether the heirs are in good faith or bad faith. The testator's inability to pay is determined according to the date of death; All assets at that date constitute assets and all debts constitute liabilities. If a certificate of insolvency is issued at the end of the enforcement proceedings, the estate is considered to be in debt; Otherwise, insolvency is determined by an asset search.
The same Chamber, in its decision dated 18.11.2025 and numbered E.2025/1070 K.2025/4815, emphasized that in cases of rejection by default, the assets and liabilities of the estate should be determined without any room for hesitation and it should be investigated whether the heir has engaged in behaviors that constitute acceptance of the inheritance; He stated that the three-month period would not apply in this case. The heir may request the rejection by filing a declaratory action against the creditors of the estate, or he may always put it forward as a defense in the lawsuit filed against him.
If one of the legal heirs rejects the inheritance, his share passes to the rightful owners as if he were not alive when the inheritance is opened (TMK article 611/1). The share of the rejecting child therefore passes to his descendants, that is, to the grandchildren of the testator. If all of the descendants reject the inheritance, their share passes to the surviving spouse (TMK article 613). If all the closest legal heirs reject the inheritance, the inheritance is liquidated by the court of peace in accordance with the bankruptcy provisions, and the remaining values at the end of the liquidation are given to the rightful owners as if they had not rejected the inheritance (TMK article 612). In its decision dated 12.02.2025, the General Assembly of Law stated that the closest heirs are the heirs who became direct heirs at the death of the testator and that if all the closest heirs are rejected, the inheritance does not pass on to the next groups.
When rejecting the inheritance, the heirs may request that the heirs who come after them be asked whether they will accept the inheritance before the liquidation. In this case, the rejection is notified to the next heirs by the judge of peace, and those who do not accept the inheritance within one month are deemed to have rejected it (TMK article 614).
The heir who does not reject the inheritance within the legal period wins the inheritance unconditionally. The heir who, as an heir, interferes with the estate transactions before the end of the rejection period, does things that are not in the nature of the ordinary management of the estate, or does things other than what is necessary for the execution of the decedent's affairs, or hides the estate assets or appropriates them for himself, cannot reject the inheritance. Filing a lawsuit and pursuing compulsory enforcement proceedings to prevent the expiration of the statute of limitations or forfeiture periods do not eliminate the right of refusal (TCC Art. 610).
In practice, behaviors such as selling vehicles, transferring title deeds, withdrawing money from bank accounts, and collecting rent from tenants are discussed in this context. The heir who intends to reject the inheritance should not take any action on the assets belonging to the estate until he makes a declaration of rejection.
If the heir whose assets are not sufficient to pay his debts rejects the inheritance in order to harm his creditors, his creditors or the bankruptcy administration may file a lawsuit for the annulment of the rejection within six months starting from the date of rejection, if sufficient assurance is not provided. In case of cancellation, the inheritance is officially liquidated; If something falls to the share of the rejected heir, the receivables of the creditors who objected before this are paid (TMK article 617). The 7th Civil Chamber of the Supreme Court of Appeals, in its decision dated 11.12.2025 and numbered E.2025/706 K.2025/5328, overturned the rejection decision based on the date of rejection, ruling that this six-month limitation period should start from the date the rejection statement was recorded in the special registry in order for the creditor to be aware of the rejection statement.
When his father dies, Cem learns that his debts far exceed his assets. The father's wife Aylin and his two children Cem and Elif are the heirs. Two weeks after his father's death, Cem sells his father's vehicle and uses the money for the family's expenses.
Cem's sale of the vehicle is a transaction that goes beyond the ordinary management of the estate; Since it is made before the rejection period expires, it may eliminate the right of rejection (TMK article 610/2). If Elif and Aylin have not intervened in the estate, they can make a declaration of rejection within the time limit. The share of the rejected heir passes to the rightful owners as if he were not alive (TMK article 611/1). If the estate is clearly in debt, Cem may also claim rejection by default; However, the Supreme Court states that behaviors that constitute acceptance of inheritance will affect this claim (7th HD, 18.11.2025, E.2025/1070 K.2025/4815).
Elif and Aylin are released from debt liability by making a declaration of rejection to the court of peace within a three-month period. Cem, on the other hand, can maintain his status as heir and carries the risk of being responsible for the debts; Selling the vehicle also weakens the defense of rejection by default. When and by which heirs the estate is completely rejected is also evaluated in terms of liquidation according to bankruptcy provisions (TCC Art. 612).
When does the three-month period for rejection begin?
For legal heirs, it starts on the date they learn of the death of the deceased, unless it is proven that they learned that they were heirs later. In the case of appointed heirs, it starts from the date when the disposition is officially notified to them, and in case of writing of the estate, it starts from the notification of the completion of the writing by the judge of peace.
Is it possible to get rid of debts if I miss the deadline?
The real right of refusal is lost. However, if the estate is clearly in debt on the date of death, it may be requested to determine the insolvency through rejection by default, which is not subject to a time limit. If there is a behavior that means accepting the inheritance, this path is also in danger.
What happens to the children of the rejecting heir?
Since the rejecting heir is treated as if he died before the testator, his share passes to his descendants as a rule. If all descendants refuse, the share passes to the surviving spouse.
Where to make a declaration of rejection?
It is made to the court of peace, verbally or in writing, and unconditionally. In Supreme Court practice, the court where the heir resides is also considered competent.
Can creditors cancel the rejection?
Yes. If the heir's assets are not sufficient to pay his debt and the rejection is made with the aim of harming the creditors, the creditors may request the cancellation of the rejection within six months starting from the date of rejection; The Supreme Court is of the opinion that this period starts from the date of registration in the special registry.
Making transactions on the decedent's vehicle, account or real estate before the rejection period expires
Obtaining an inheritance certificate and starting estate transactions without investigating the debt status of the estate
Not taking into account the situation of the descendants of the rejecting heir and subsequent heirs
Rejection of inheritance is the main tool for the heir to protect his own assets in debtor estates; However, the three-month period does not accept errors in terms of unconditional declaration and the prohibition of intervention in the estate. Although rejection by default is not limited to a time period, it requires a meticulous investigation in terms of evidence and behaviors that constitute acceptance of the inheritance. Küheylan Law Firm plans the steps that will de-risk the heirs' assets, from the determination of the debt and receivable status of the estate to the preparation of the rejection statement, from the execution of the default rejection case to the defense strategy in cases filed by creditors, with time tracking.
Important Legal Notice: The information contained in this guide is for general information purposes and does not constitute a legal opinion. The outcome may vary depending on the specific circumstances of each concrete case, the nature of the documents in the file, and the legislative provisions at the relevant date. It is recommended that the process be carried out with the support of a lawyer, in order not to miss the limiting deadlines and to prevent procedural errors.
KÜHEYLAN HUKUK