What is the procedure for real estate inheritance?

Hello. This is a real estate attorney at Daeryun Law LLC.

In an inheritance that includes real estate, it is not merely a matter of transferring title; because the legal real estate procedures, taxes, and agreement among the family are all intertwined, it is important to understand the order accurately.

First, an inheritance commences at the same time as the death of the decedent (such as a parent). The inheritance procedure begins as of this point and proceeds step by step thereafter.

The very first thing to do is to determine accurately who the heirs are and what the inherited property is.

Within three months from the date they become aware of the commencement of the inheritance, the heirs must decide which option to choose among simple acceptance, qualified acceptance of inheritance, and renunciation of inheritance.

If there is only real estate, most people choose simple acceptance, but if the debts are unclear or there are issues such as a mortgage or guarantee on the real estate, you must review whether to make a qualified acceptance of inheritance.

Where there are several heirs, an agreement on how to divide the real estate is necessary; this is called an agreement on the division of inherited property, and once the agreement is reached, a written agreement on the division of inherited property is prepared, a document that is essential for the subsequent real estate inheritance registration.

Once the method of division is decided, the real estate inheritance registration is carried out in accordance with its terms.

Inheritance registration is not mandatory, but without it a sale or the creation of a security interest is impossible, and it can become a cause of later disputes; in particular, if a state of joint inheritance is maintained for a long time, conflicts often grow later in the process of disposing of shares or organizing title.

In the real estate inheritance procedure, tax issues are also very important.

- Inheritance tax: reported and paid within six months from the date of death

- Acquisition tax: levied at the time of inheritance registration (exemption or reduction possible if certain requirements are met)

Because the tax amount can vary greatly depending on the officially assessed price of the real estate, the number of heirs, and whether the spouse inherits, a tax review is needed in advance.

As in your question, a case where the mother wishes to continue living there while the children want a settlement is a very common type of dispute in practice.

In this case, unless the spouse's inheritance share, the possibility of claims for a contributory portion or special benefits, and even future sale or residence-rights issues are considered together, it can lead to a long-term dispute after the inheritance.

At Daeryun Law LLC, inheritance attorneys collaborate with real estate attorneys to design the entire procedure at once, tailored to the client's situation, from the stage of organizing the inherited property through the division agreement, registration, and dispute response.

If the real estate inheritance procedure feels daunting, we recommend calmly seeking a consultation about what to organize first at this stage.

Daeryun, the ninth-largest law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), provides tailored legal services.