Refusal of Inheritance (Reddi Miras): Deadline and Consequences

Inheritance often brings wealth, but it also brings debts. If the deceased’s debts exceed their assets, heirs have the right to “Refuse the Inheritance” (Mirası Red) to protect their own personal assets.

1. Actual Refusal (Unconditional)

The heir must apply to the Civil Court of Peace within 3 months of the date they learned of the death.

• They simply declare “I refuse the inheritance.” No reason is needed.
• If this deadline is missed, the inheritance (and debts) is deemed accepted.

2. Judgment of Refusal (Insolvency)

If the 3-month deadline is missed, but the deceased was “clearly insolvent at the time of death” (officially bankrupt or drowning in execution filines), the inheritance is deemed rejected by law automatically.

• A “Declaratory Action for Judgment of Refusal” (Hükmen Reddin Tespiti) can be filed anytime to prove this status against creditors.

3. Can I Get Survivor’s Pension if I Reject?

Yes. The Widow/Orphan Pension (Death Pension) from Social Security (SGK) is not part of the estate; it is a social security right. You can receive the pension even if you reject the inheritance (and debts).

4. Risks

Acceptance by Conduct: If you use the deceased’s car, live in their house as an owner, or sell their items, you are considered to have “Implicitly Accepted” the inheritance. You lose the right to refuse, even if you are within the 3 months.

Legal Support: We prepare refusal petitions and handle lawsuits to prove insolvency.

Professional Legal Support

Contact us for professional legal assistance on this matter.

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⚖️ Attorney Fevzi Yaşkir - Licensed attorney at Konya Bar Association providing legal consultation and case management services for international clients.