Rejecting an Inheritance in Germany and Turkey — Deadlines, Process, and What Happens If You Miss Them

Why Heirs Need to Consider Rejection

When a Turkish national dies in Germany with significant debts — unpaid rent, outstanding loans, tax arrears, credit card balances — the debts transfer to the legal heirs along with the assets. Under both German and Turkish law, accepting an inheritance means accepting the full estate: assets and liabilities together. If the debts exceed the assets, the heirs become personally liable for the difference out of their own money.

The only protection is formal rejection (Erbausschlagung in Germany, Mirasın Reddi in Turkey), and both countries enforce strict deadlines. Missing either deadline is treated as automatic acceptance of the full estate, debts included.

The German Deadline: 6 Weeks (or 6 Months)

Under German succession law, the statutory period to reject an inheritance is six weeks from the date the heir learns of the death and their entitlement. For heirs residing outside Germany — including family members in Turkey — or when the deceased's sole residence was abroad, this deadline extends to six months.

The rejection must be declared in writing and notarized. It can be filed at the German probate court (Nachlassgericht) where the deceased last resided, before a German notary public, or through a German foreign mission in Turkey (the German embassy or consulate). A simple letter is not sufficient — the declaration requires formal notarization.

Once rejected, the inheritance passes to the next heir in line according to the applicable succession rules. If all heirs reject, the estate falls to the German state (Fiskus), which assumes the debts but limits liability to the estate's actual assets.

The Turkish Deadline: 3 Months

Under Article 606 of the Turkish Civil Code, heirs have three months from the date they learned of the death to reject the inheritance (Mirasın Reddi). This deadline applies to all assets and debts governed by Turkish law — which, for a Turkish citizen who died abroad, includes all movable assets worldwide under the 1929 German-Turkish Consular Treaty.

The rejection must be filed as a formal petition with the Sulh Hukuk Mahkemesi (Civil Court of Peace) at the deceased's last registered address in Turkey. Unlike German law, verbal declarations and notarized statements to other authorities do not count — only the court petition is legally valid.

How the Two Jurisdictions Interact

This is the critical point most families miss. German and Turkish authorities may require separate filings and certificates, but the applicable succession law depends on the asset type: under the 1929 German-Turkish Consular Treaty, movable assets of a Turkish decedent are governed by Turkish law, while immovable property is governed by the law where it is located. Do not assume that you can accept assets in one country and reject debts in the other. A family facing assets or debts in both countries should obtain jurisdiction-specific advice before filing.

The rejection decision therefore requires a coordinated review of the assets, debts, and applicable law in both countries before either deadline expires.

The Cost of Missing the Deadline

If the three-month Turkish deadline passes without a formal court petition, the heir is deemed to have accepted the estate unconditionally. They become personally liable for every debt, tax obligation, and outstanding contract in the deceased's name — including debts they may not even know about at the time the deadline expires.

The same applies in Germany if the six-week (or six-month) deadline passes. There is no retroactive correction; the acceptance is final.

Practical Steps for Heirs

The very first step after learning of a death — before arranging repatriation, before filing for inheritance certificates — should be a rapid assessment of the deceased's known debts in both countries. Request bank statements, check for outstanding loans, and ask about any pending legal actions.

If there is any doubt about whether the estate is net-positive, heirs should obtain legal advice promptly about whether to reject in each jurisdiction before the applicable deadline expires. A rejection should not be treated as a provisional filing; ask the competent German probate court about available estate information before deciding.

The Turkish Dies in Germany — Family Guide includes a deadline calculator for both jurisdictions and a debt assessment worksheet to help heirs make informed acceptance or rejection decisions.