What is the Waiver of Inheritance?

The waiver of inheritance (actual refusal of inheritance) is regulated under Article 605/1 of the Turkish Civil Code. Legal and appointed heirs have the right to refuse an inheritance under certain conditions. Refusal of the inheritance does not prevent the request for an inheritance certificate. However, inheritance that affects joint property cannot be waived without the spouse's consent. Similarly, if the estate is over-indebted, spousal consent is required to accept the inheritance.

The waiver of inheritance must be made within three months from the date the heir becomes aware of their status as an heir. It is filed with the probate court located in the decedent's last place of residence. The court will check the heir's status and ensure that the application is made within the legal timeframe before recording the waiver.

For minors, a legal guardian must be appointed to apply for the waiver of inheritance. The court may appoint a guardian either upon request or ex officio.

For persons under guardianship, approval from both the probate court (as the guardianship authority) and the civil court (as the supervisory authority) is required.

The waiver of inheritance lawsuit is initiated without an opposing party, meaning no one is sued. Creditors claiming loss of rights due to the waiver can file a lawsuit to annul the waiver. However, creditors cannot intervene directly in the waiver process.

The waiver of inheritance is a unilateral declaration of intent, submitted either verbally or in writing to the probate court. The court will verify the heir's status and the timely submission of the application. If both conditions are met, the waiver is recorded in the official register.

• The waiver of inheritance can be decided without a hearing.
• The court cannot dismiss the case based on the absence of parties at a hearing.

Heirs must file a unilateral declaration without an opposing party to refuse the inheritance. The related costs must be covered by the heirs themselves.

Question: What is the time limit for filing a waiver of inheritance?

Answer: The time limit for filing a waiver of inheritance is three months from when the heir learns of their status as an heir.

Question: Which court has jurisdiction over the waiver of inheritance?

Answer: The probate court in the decedent's last place of residence has jurisdiction over the waiver of inheritance.

Question: Is the waiver of inheritance lawsuit filed without an opposing party?

Answer: Yes, the waiver of inheritance lawsuit is filed without an opposing party, meaning no one is sued.

The waiver of inheritance offers heirs a legal option to refuse inheritance due to debts or other reasons. It must be exercised within the legal timeframe and in compliance with the relevant regulations. Properly exercising this right can help heirs avoid significant financial liabilities.

This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying is prohibited.