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Q

When inherited assets and debts are similar, can I limit the scope of inheritance through qualified inheritance?

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qualified inheritance

A

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When debts exceed inherited assets or when the scale of debt and assets is similar, it is possible to limit the scope of inheritance through qualified inheritance.

Qualified inheritance is an expression of intent by an heir to accept inheritance on the condition of repaying the debts and bequests of the deceased only within the scope of the property received through inheritance. Through this, debts exceeding inherited property do not need to be borne with the heir's own property.

To proceed with qualified inheritance, you must report to the family court with jurisdiction over the place of commencement of inheritance within 3 months from the date of knowing of the commencement of inheritance.

In addition, even after the inheritance acceptance period has passed, in cases of special circumstances, qualified inheritance can be applied limitedly through special qualified acceptance.

For example, even if simple acceptance was made but new debts were discovered, or a minor who became an adult learned that debts exceed inherited property, qualified inheritance is possible within the reporting deadline.

In conclusion, even in situations where debt is uncertain, utilizing the qualified inheritance system can prevent unnecessary property burden on the heir, and compliance with the reporting deadline and procedure is important.

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