If the insolvency of the deceased is clearly and officially determined on the date of death, the inheritance is considered to be rejected (Turkish Civil Code article 605/ll). In case of existence of conditions in the judgment, there is no need for a declaration of will. In this case, there is no time limit for acceptance and rejection. The determination of this can always be requested from the court, and it can always be asserted in the lawsuits filed by the creditors of the estate.
In case of refusal, the heirs gain the estate as a whole with the opening of the inheritance, but this gain is temporary. The heir does not have to declare that he rejects the inheritance. As a presumption, it is accepted that if the heirs pass the refusal period in silence, they reject the inheritance (Turkish Civil Code article 605). The heirs do not need to make a declaration for the refusal, as the provisional refusal is considered a presumption. However, the heir may make a statement to the Magistrate’s Court in order to prevent future conflicts.
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