Paylaş: What is the Waiver of Inheritance by Court Order?
The waiver of inheritance by court order is regulated under Article 605/2 of the Turkish Civil Code. Legal and appointed heirs can refuse an inheritance if the deceased's estate is over-indebted. This type of refusal is known as the waiver of inheritance by court order.
Conditions for Waiver of Inheritance by Court Order
The waiver can be requested if:
- The decedent’s over-indebtedness is apparent or officially determined at the time of death.
- If there are tax debts, they are also considered as of the date of death.
- The heir’s right to refuse the inheritance has not lapsed; if the heir has implicitly or explicitly accepted the inheritance, the request for waiver will be denied.
Burden of Proof in Waiver of Inheritance by Court Order
The burden of proof lies with the applicant, who must demonstrate that the deceased's estate was over-indebted at the time of death. The estate’s assets and liabilities must be evaluated as of the date of death.
Court and Procedure for Waiver of Inheritance by Court Order
The civil court of first instance handles cases related to the waiver of inheritance by court order.
The case should be filed in the court where the respondent resides.
Minors and persons under guardianship require a guardian for the case, and permissions must be obtained from both the probate court and the civil court.
Opening a Case Against Creditors
The waiver of inheritance by court order is filed against creditors. Creditors cannot intervene directly but may challenge the waiver by filing for annulment if they claim a loss of rights.
Filing Fees and Costs
The case requires a fixed fee, and the attorney fees are also determined as a fixed amount. Court expenses are borne by the losing party. Unlike actual refusal, this type of waiver has no time limit.
Frequently Asked Questions
Question: Is there a time limit for waiver of inheritance by court order?
Answer: No, the waiver of inheritance by court order can be filed at any time.
Question: Who can file for waiver of inheritance by court order?
Answer: Both legal and appointed heirs can file for waiver of inheritance by court order.
Question: Is the case filed against creditors?
Answer: Yes, the waiver of inheritance by court order is filed against creditors.
Conclusion and Summary
The waiver of inheritance by court order provides heirs with an essential legal option to avoid inheriting debts. This form of waiver protects heirs from being liable for the decedent's debts, ensuring a fair and secure legal process.
This article is written by Attorney Hüseyin Bayar and belongs to Bayar Law Firm. Unauthorized copying is prohibited.
