Is an Inheritance Disclaimer Made Abroad Valid in Türkiye? The Declaration, Time Limits and Effect on Debts

A disclaimer of inheritance made abroad does not automatically produce the same result for all assets and debts in Türkiye. The authority before which the disclaimer was made, whether it is a declaration or a final court decision, the applicable law and any international convention are examined together. A foreign court decision that can be recognized and a disclaimer petition whose signature has merely been certified are not the same document. The time limits that must be protected in Türkiye should not be neglected while waiting for the outcome of the foreign proceeding. [1, 2, 3]

This question usually arises when a relative believed to be indebted dies abroad. After the heirs sign a document in the country where they live, they may receive a demand in Türkiye from a bank, a tax office or an enforcement file. The first check cannot be limited to the fact that the document says “disclaimer of inheritance.” The function of the authority that issued the document, the date on which the declaration reached the competent place and the estate covered by the act must be determined.

Why does the nature of the foreign disclaimer document matter?

Under the law of the country concerned, a disclaimer of inheritance abroad may be made by a declaration to a court, by a notarial act or through a particular registration process. A notary’s certification of a signature does not show that the court assessing the declaration has given a decision. A filing receipt may prove only that the papers were delivered. Which of these documents affects the status of heir is determined by the law of the country concerned. [2, 5]

Recognition in Türkiye of a foreign court decision may arise under MÖHUK Articles 50 and 58. Decisions in non-contentious proceedings may also be recognized within the scope of Article 58. However, not every record or certification made by a foreign authority can be treated as a “court judgment.” For this reason, the content and legal effect of the document in hand are read before its title. [2, 3]

Which country’s disclaimer rules apply?

Under MÖHUK Article 20, inheritance is, as a rule, governed by the national law of the decedent; Turkish law applies to immovable property located in Türkiye. As regards the grounds for the opening of the succession, its acquisition and its division, the law of the country where the estate is located is separately regulated. The relationship of the disclaimer to the acquisition of the inheritance, the type of asset and its location are significant in the assessment. The information that “the decedent was a Turkish citizen” or that “all the heirs are in Germany” is not sufficient on its own to determine the result. [2, 3]

MÖHUK Article 1, which reserves international conventions, must also be kept in mind. In Türkiye–Germany files in particular, the Consular Convention of May 28, 1929 and its annexed succession regulation are examined. The official statement of the German diplomatic missions indicates the importance of this convention for succession relationships and the distinction between movable and immovable property. It should not be assumed that a general European succession regulation directly governs all transactions in Türkiye. [2, 6]

In practice, an asset map is prepared first: a house in Türkiye, a bank account in another country, a company share and debts are not assessed together in the same line. Citizenship, the last center of life, the location of each asset and any special agreement are then recorded. This work is necessary to understand the scope of the foreign disclaimer document and, where needed, to apply in time in Türkiye. A common follow-up plan must be built without creating inconsistencies between the transactions in the two countries.

How does the three-month period work under Turkish law?

For a genuine disclaimer to which Turkish law applies, TMK Article 606 provides a three-month period. For statutory heirs, the starting point is the date on which they learned of the decedent’s death, unless it is proved that they learned only later that they were heirs. For appointed heirs, the date on which the disposition was formally notified to them is the basis. This distinction shows why the short explanation “three months from the day of death for everyone” is insufficient. [1]

If the date of learning of the death is disputed, notices, correspondence and official documents should be preserved. However, because a claim of late learning requires proof, it is wrong to wait on the assumption that the period will be extended. The later obtaining of a certificate of inheritance or the later investigation of assets in Türkiye does not in every case move the starting point forward. The triggering event must be recorded separately for each heir. [1]

Under TMK Article 609, the disclaimer is made to the civil court of peace by an oral or written declaration and must be unconditional and unqualified. Disclaiming only the debts while taking the immovable is not the ordinary consequence of the disclaimer institution of Turkish law for the same estate. The scope problem created by the fact that the inheritance may be subject to different laws in some countries or for some groups of assets is different from the idea “I can choose the asset I want.” [1, 2]

Does being abroad extend the period automatically?

Under Turkish law, merely living abroad does not automatically extend the general three-month period to six months. TMK Article 615 gives the civil judge the power to extend the period or grant a new one where there are important reasons. This requires a concrete reason, documents and an assessment by the court. The continuation of foreign court proceedings or papers waiting for an apostille does not, on its own, take the place of a decision granting an extension. [1]

Can a disclaimer by an earlier heir create a new period?

TMK Article 608 regulates the passing of the right to disclaim and the cases in which the inheritance passes to another person after an earlier heir’s disclaimer. Whether the later person is actually an heir, and the date on which he or she learned of it, are examined separately. However, if all of the nearest statutory heirs disclaim, the liquidation rule in Article 612 may come into play. It cannot be said that in every collective disclaimer the next relative in line becomes an heir and that a new period starts for him or her. [1, 8]

When do the German six-week and six-month rules apply?

For a disclaimer governed by German law, BGB §1944 generally provides a six-week period. The period is linked to the passing of the inheritance and to learning of the ground of succession; for succession based on a disposition upon death, there is also a special starting rule relating to the official announcement. The same provision provides a six-month period where the decedent’s last place of residence was only abroad or where the heir was abroad at the start of the period. The decisive criterion is not citizenship alone or the country in which the death occurred. [4]

BGB §1945 regulates the form in which the disclaimer declaration is submitted to the probate court. A declaration prepared in the officially certified form must reach the competent authority in time. Where a representative is used, the form of the power of attorney and its timely submission as a document are also important. The statement of the German diplomatic missions shows that certification of a signature and the timely arrival of the document at the probate court are separate stages. [5, 6]

For example, a person may have had a signature certified at a German diplomatic mission in Türkiye. The day of the signature does not automatically show the day on which the required document reached the competent court in Germany. The shipment tracking, the delivery record and the file number should be kept. Conversely, it cannot be concluded from this German act alone that the disclaimer period in Türkiye has been protected. The files in both countries are assessed together.

Is it possible to have a foreign disclaimer decision recognized?

Recognition is possible if there is a final foreign judicial decision of a suitable kind; for this, the MÖHUK conditions are examined in the specific case. The requirement of reciprocity is not sought for recognition. Finality, manifest contradiction with Turkish public policy, and the conditions of jurisdiction and the right of defense are important. If only acceptance of the effect of the disclaimer decision on heirship is sought, recognition applies; if performance of an enforceable obligation is also sought, the distinction of enforcement (tenfiz) is made. Using both words together for every application does not take the place of the necessary examination. [2, 3]

In its decision of April 9, 2025, E.2024/3352, K.2025/1811, the 7th Civil Chamber of the Court of Cassation (Yargıtay 7. Hukuk Dairesi) examined a dispute over the recognition of a decision on the disclaimer of inheritance dated January 18, 2018, No. 3 VI 4366/17, of the Cologne Court of First Instance (Asliye Mahkemesi). The decision of the regional court of appeal rejecting the appeal was affirmed. It therefore cannot be said that the recognition of a foreign disclaimer decision is impossible in principle. [7]

However, this affirmation does not show that every foreign notarial declaration will produce the same result or that the time limits in Türkiye become unimportant in all files. The subject of the decision is a foreign court judgment. In a new file, the type of document, finality, the parties, the legal connections and the effect requested must be examined anew. The result of the decision and any assumption about an undocumented disclaimer act, or one of a different nature, must be kept apart.

To whom does the inheritance pass if all the nearest heirs disclaim?

Under Turkish law, the disclaimer of a single heir and the disclaimer of all the nearest statutory heirs may produce different consequences. Under the rule in TMK Article 611, the disclaimed share passes, on certain conditions, to those entitled as if the disclaiming person had not been alive when the succession opened. By contrast, Article 612 provides for the liquidation of the estate under the bankruptcy provisions where all the nearest statutory heirs disclaim. To whom the remaining values go at the end of the liquidation is also subject to the same special regulation. [1]

In its decision of February 29, 2024, E.2023/1147, K.2024/1233, the 7th Civil Chamber of the Court of Cassation examined the request of the decedent’s brother for recognition of the disclaimer decisions made in Germany by the spouse and children. It was held that, because all the nearest statutory heirs had disclaimed, the estate had to be liquidated under Article 612, and that the brother therefore could not become an heir automatically. The decision of the regional court of appeal, based on the absence of legal interest, was affirmed. [8]

The practical importance of this decision is that the person who seeks or wishes to have recognized a disclaimer decision must explain what legal consequence he or she expects from it. The assumption “those ahead of me disclaimed, so it is my turn” is not correct in every case. Special possibilities, such as the summoning of later heirs under TMK Article 614, are also examined within their own conditions. Heirship and legal interest should be checked before a recognition action is filed. [1, 8]

Does the disclaimer free a person from debts completely and under all conditions?

A valid disclaimer affects the consequence relating to the heir’s acquisition of the estate. However, it does not eliminate a loan, a suretyship or a joint-debt relationship that the person signed himself or herself. A person who is a co-debtor with the decedent is not treated as released from a debt arising from his or her own contract merely because he or she disclaimed the inheritance. In the demand letter, it must be clearly distinguished whether the debt arises from heirship or from a personal contract. [1]

Under TMK Article 610, conduct such as interfering in estate matters during the disclaimer period beyond the limits of ordinary administration, or concealing estate assets, may affect the right to disclaim. By contrast, protective acts and necessary ordinary administration are not assessed in the same way. Investigating an account is not the same conduct as withdrawing money and spending it for personal purposes. The purpose, authority and documentation of every act performed should be kept. [1]

There are also special provisions protecting creditors. TMK Article 617 provides the possibility of conditional annulment for a person who disclaims the inheritance with the aim of harming his or her own creditors; Article 618 provides special liability for an heir who obtained certain acquisitions before death from a decedent who was over-indebted. These do not mean that a debt will always arise after a disclaimer; but they also prevent the approach that “once a disclaimer has been made, nothing remains to be examined.” [1]

Are a judicial disclaimer and a genuine disclaimer the same act?

TMK Article 605(2) regulates the basis of the judicial disclaimer (hükmen ret), where at the date of death the decedent’s insolvency in payment was clearly established or had been formally determined. This does not mean that the same document will be obtained automatically for every indebted estate. The state of insolvency and the heirs’ conduct may be debated. The three-month regime of the genuine disclaimer declaration, and the proof of a judicial disclaimer claim and its assertion in an action or enforcement proceeding, must be examined separately. [1]

With which documents should the file in Türkiye be followed?

If the disclaimer is to be made through a representative, the special authority suited to this act must be checked expressly. In the case of a child heir, parental custody and guardianship are not subject to the same permission regime; a conflict of interest may also exist between parent and child. It should not be assumed that a single document issued abroad for the whole family is sufficient in Türkiye for every person. [1]

If a payment order or a court notification has come from Türkiye, it is not enough merely to state that a foreign disclaimer document exists. The periods for objection, defense and appeal are subject to their own rules. Not every enforcement proceeding stops automatically because a recognition application has been made. When the file is closed, not only the application receipt but also the outcome of the disclaimer or recognition and the act of the institution concerned should be checked.

Conclusion

The effect in Türkiye of a disclaimer of a foreign inheritance is understood when the type of document, the applicable law, the time limit and the conditions of recognition are assessed together. A valid foreign decision may be capable of recognition; certification of a signature alone does not automatically produce the same legal result. The disclaimer by all the nearest heirs, personal debts and interference with the estate must be examined separately.

Related articles: Disclaimer of Inheritance: Application Procedure, Time Limits and Protection from Estate Debts; Annulment of the Disclaimer of Inheritance: Creditors’ Action, Six-Month Period and Liquidation; How Is the Property in Türkiye of a Minor or Foreign Heir under Guardianship Taken Over?; Liability for Inheritance Debts: Enforcement Proceedings Against Heirs and Available Protections

Frequently Asked Questions

I disclaimed the inheritance in Germany; is a new act required in Türkiye?

This cannot be answered without examining the type and scope of the document in hand. Whether recognition or a timely disclaimer in Türkiye is required is determined by the applicable law and the specific file. [2, 7]

Is a disclaimer declaration bearing an apostille sufficient on its own?

An apostille concerns the official certification of the document. On its own, it does not show that the disclaimer was completed in time and before the competent authority, or that it has been recognized in Türkiye. [2, 5]

Do I have six months in Türkiye because I live abroad?

That is not the general rule under Turkish law. The three-month disclaimer period and the possibility of extension for an important reason under TMK Article 615 are assessed separately. The special six-month rule of Germany is not automatically carried over to the Turkish period. [1, 4]

Can I disclaim only the debts of the inheritance?

A genuine disclaimer under Turkish law is unconditional and unqualified. A choice such as taking the assets of the same estate while disclaiming its debts cannot be made. The scope of the laws of different countries is investigated separately. [1, 2]

If the spouse and all the children disclaim, does the sibling become an heir immediately?

Not in every case. Under Turkish law, the disclaimer by all the nearest statutory heirs may result in liquidation under the bankruptcy provisions in accordance with TMK Article 612. [1, 8]

Does the disclaimer also end a loan debt I signed jointly?

A person’s debt arising from his or her own contract differs from liability through inheritance. A joint-debtor or suretyship relationship must be examined separately.

If the disclaimer period passes, is there no way left to investigate the debts?

The result cannot be generalized in this way. The start of the period, important reasons, the conditions for a judicial disclaimer and the person’s conduct are investigated. The periods for notification should not be neglected on the assumption that these exist. [1]

Is enforcement (tenfiz) always necessary for a foreign disclaimer decision?

Recognition applies where only acceptance of the legal effect of the decision is sought. Whether there is an enforceable obligation is assessed separately; and not all disclaimer documents are in the nature of a court decision. [2]

Sources

[1] Turkish Civil Code No. 4721 (Türk Medeni Kanunu), in particular Articles 605–618.

[2] Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun), in particular Articles 1, 20 and 50–59.

[3] Ministry of Justice: PDF text of Law No. 5718, relevant provisions; dated official version.

[4] German Civil Code, BGB §1944, disclaimer period and its start; official legislative source.

[5] German Civil Code, BGB §1945, form of the disclaimer declaration and representation; official legislative source.

[6] Germany’s diplomatic missions in Türkiye: Succession Matters, official statement on the 1929 Convention, documents and disclaimer acts.

[7] Court of Cassation 7th Civil Chamber, April 9, 2025, E.2024/3352, K.2025/1811, full text of the decision.

[8] Court of Cassation 7th Civil Chamber, February 29, 2024, E.2023/1147, K.2024/1233, full text of the decision.