Inheritance is one of the most valuable assets we inherit from our loved ones. But it can always create an undesirable situation. Especially if the testator has debts, rejection of the inheritance may come to the fore. So, what is denial of inheritance and how is it done? In this article, you can find detailed information about the period of rejection of inheritance.
What is Denial of Inheritance?
Refusal of inheritance is the right of legal heirs or appointed heirs to reject all assets and debts remaining after the death of the testator. This right is considered the deadline for accepting or rejecting the inheritance.
How Long is the Period for Rejection of Inheritance?
The period for rejection of inheritance is three months according to Article 606 of the Turkish Civil Code. This period starts from the date of death of the testator. Legal heirs should take this period into consideration unless they prove that they learned that they were heirs later.
How to Reject Inheritance?
Rejection of inheritance must be made by making a written or oral statement to the Civil Court of Peace. The declaration is submitted to the Civil Court of Peace in the place where the testator’s last residence is located. The declaration must include a clear statement of intent to reject the inheritance.
Things to Consider About the Inheritance Rejection Period:
• The period of rejection of the inheritance is the period of disqualification. If no rejection statement is made within this period, it is assumed that the inheritance has been accepted.
• Denial of inheritance is irrevocable. An inheritance once rejected cannot be accepted again.
• Rejection of inheritance can only be made for the entire inheritance. It is not possible to accept one part of the inheritance and reject the other part.
• Rejection of inheritance does not affect the rights of creditors. The debts of the testator remain with the heirs despite the rejection of the inheritance.
Documents Required for Rejection of Inheritance:
• Certificate of Inheritance
• Birth certificate
• Tax Office Declaration
Legal Regulations Regarding Rejection of Inheritance:
• Turkish Civil Code (TMK), Articles 606-614
• Code of Obligations (UK), Article 1177
Frequently Asked Questions About Denial of Inheritance:
Do I need a lawyer for denial of inheritance?
