As I have mentioned in my other articles, I have emphasized the importance of inheritance transfer procedures, the certificate of inheritance, and the determination of inheritance when many unknowns exist. I want to explain further how much can be clarified through a case for determining the inheritance, although it is rarely seen as the first choice.
First, we said that not everything is easy after a person's death. Trying to share the inheritance among many people and dealing with disputes between relatives can, unfortunately, come up. Additionally, if the deceased left debts, the heirs might be held liable for this debt. In this case, if we ask whether the heir must assume the inheritance of the indebted deceased, our answer will generally be no.
Some heirs see this as a moral obligation and a duty to themselves to ensure the deceased rests well and tries to clear all the debts left behind. In contrast, other heirs do not see any responsibility for this, which is their natural right, and they completely isolate themselves from this inheritance. The first option is rarely encountered in ordinary life, as very few people request it, and legal advisors generally do not recommend it. So, what should one consider when rejecting an insolvent inheritance?
Rejection of inheritance, in other words, refusal of inheritance;
Rejecting the rights and obligations of inheritance involves declining all debts and receivables that legal or appointed heirs would inherit from the deceased. As I have stated in my previous articles, claiming part of the inheritance while refraining from another part is not by law possible. Under the principle of universal succession, heirs thus get all assets and debts of the deceased. So, heirs become liable for the deceased's debts with both the estate and their assets.
Heirs who do not want to be responsible for the debts of the deceased can reject the inheritance. As per the principle of universal succession, the inheritance passes straight to the heirs upon the person's death. Heirs who do not want this responsibility can reject the inheritance afterward. To clarify, the right of refusal does not arise for heirs before the death of the deceased. Before death, one can only avoid the inheritance through a waiver of the inheritance agreement or by assigning the inheritance rights to another person.
So, how can appointed or legal heirs exercise this right to reject the inheritance? The first method is the actual rejection of the inheritance. The second method involves a give-up rejection of the inheritance.
According to the Turkish Civil Code, heirs must notify the Civil Court of Peace where the heir's last settlement is located to declare the rejection of the inheritance. As mentioned earlier, the deceased must have died, and the inheritance must have been transferred to exercise this right. This declaration can be made in writing or spoken without any formal requirements.
It is important to note that the unconditional rejection of the inheritance carries significant implications, and several other issues must be considered. There are specific deadlines, and failing to follow them or making an incorrect declaration can lead to undesirable consequences.
While Articles 605-618 of the Turkish Civil Code (TMK) regulate the refusal of inheritance and provide information that may answer some of your questions, consulting a specialist for detailed application and sanctions is essential.
Best Regards,
Attorney Cetin Tugberk Gurcan