CONTENTS
- 1. Claim for Recovery of Inheritance | Concept
- - Apparent Heir
- - Disqualified Heir
- 2. Claim for Recovery of Inheritance | Method of Filing
- - Persons Entitled to File the Claim
- - Opposing Party
- - Method of Filing
- - Exclusion Period
- 3. Claim for Recovery of Inheritance | Documents and Procedure
- - Required Documents
- - Procedure of a Civil Action
- - Effect upon a Favorable Judgment
- 4. Claim for Recovery of Inheritance | Checklist
- - The Inheritance Attorney's Assistance System
1. Claim for Recovery of Inheritance | Concept
A claim for recovery of inheritance is a lawsuit brought by a true holder of inheritance rights to reclaim the holder's rights where a person who is not a true heir (an apparent heir) possesses the inherited property or holds themselves out as an heir.
Apparent Heir
An apparent heir is a person who, despite having no inheritance rights in law, holds themselves out as an heir and possesses the inherited property; the term refers to such a person.
This is a person who, despite having no inheritance rights in law, in fact holds the position of an heir; where a person who is not an heir intentionally possesses the inherited property, a claim for recovery of inheritance may be pursued.
In this regard, a disqualified heir, a spouse of a void marriage, a falsely registered child, and others may also qualify as apparent heirs.
Also included is the case in which a co-heir or a lower-ranking heir possesses the property solely despite having no inheritance rights of their own.
Statutory Order of Inheritance
Rank | Heir | Remarks |
1 | Lineal descendants of the decedent (children, grandchildren, etc.) | Always become heirs |
2 | Lineal ascendants of the decedent (father and mother, grandparents, etc.) | Become heirs where there are no lineal descendants |
3 | Siblings of the decedent | Become heirs where there are no first- or second-rank heirs |
4 | Collateral relatives of the decedent within the fourth degree of kinship (uncles, paternal aunts, maternal aunts, etc.) | Become heirs where there are no first-, second-, or third-rank heirs |
※ In this regard, where there is an heir who is a lineal descendant or a lineal ascendant of the decedent, the legal spouse of the decedent becomes a co-heir together with them; where there is no heir who is a lineal descendant or a lineal ascendant of the decedent, the spouse becomes the sole heir.
Disqualified Heir
A disqualified heir is a person who falls within the order of inheritance prescribed by law but is unable to inherit for certain reasons.
The persons who are unable to inherit are as follows (Civil Act, Article 1004).
▷ A person who intentionally inflicts injury on a lineal ascendant, the decedent, or the spouse of the decedent, thereby causing death
▷ A person who, by fraud or duress, obstructs the decedent's will, or the revocation of a will, concerning the inheritance
▷ A person who, by fraud or duress, causes the decedent to make a will concerning the inheritance
▷ A person who forges, alters, destroys, or conceals the decedent's will concerning the inheritance
2. Claim for Recovery of Inheritance | Method of Filing
A claim for recovery of inheritance is brought by the heir against the apparent heir, and it must be filed as a civil action.
Persons Entitled to File the Claim
A claim for recovery of inheritance may be brought by the following persons.
∙ The legal representative of the heir
∙ A legatee under a universal legacy
Opposing Party
In a claim for recovery of inheritance, the opposing party is the apparent heir or a third party who acquired the inherited property from the apparent heir.
The persons who may be an apparent heir are as follows.
(Supreme Court, en banc judgment of December 24, 1991, 90Da5740)
∙ A lower-ranking heir
∙ A disqualified heir
∙ A spouse of a void marriage
∙ A person registered as a child on the family relation register by false entry
∙ A person possessing all or part of the inherited property without authority
(Supreme Court, en banc judgment of January 27, 1981, 79Da854)
By contrast, a claim for recovery of inheritance cannot be brought against a person who merely asserts that they are an heir but does not otherwise commit any act of infringing the inheritance, such as possessing the property.
Method of Filing
A claim for recovery of inheritance must be brought as a civil action, and the recovery must be claimed in the form of a lawsuit.
In this regard, the court having jurisdiction over the decedent's address is the competent court (Civil Procedure Act, Article 22).
Exclusion Period
A right to claim recovery of inheritance is extinguished if it is not exercised within the following exclusion periods.
Reference Point | Exclusion Period |
From the date of becoming aware of the infringement | Within 3 years |
From the date the infringing act occurred | Within 10 years |
In this regard, the 'date of becoming aware of the infringement' refers not simply to the point at which one became aware that the inheritance had commenced, but to the point at which one becomes aware that one is an heir and recognizes the fact of having been excluded from the inheritance (Supreme Court, 79Da2052).
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3. Claim for Recovery of Inheritance | Documents and Procedure
Because a claim for recovery of inheritance follows the form of a civil action, the following basic documents must be prepared.
Required Documents
Item to Prepare | Description |
Documents evidencing the inheritance relationship | Family relation certificate, basic certificate, etc. |
Materials proving the decedent's death | Death certificate or abstract of the removed resident registration |
Materials proving the apparent heir's possession | Certified copy of the real estate register, account transaction records, etc. |
Materials proving one's own true inheritance rights | Will, legacy-related documents, etc. (if necessary) |
Grounds for the claim and organization of evidence | Organization of the complaint and a list of key evidentiary materials |
In this regard, where the facts are complex or where the inherited property has passed to a third party, a litigation strategy can be established.
Procedure of a Civil Action
A judicial claim for recovery of inheritance follows the procedure of a civil action.
: The plaintiff seeking resolution of the dispute prepares the complaint and submits it to the court
② Examination of the complaint (court)
: Where there is a defect in the complaint, a recommendation to correct or an order to correct is issued
③ Service of a duplicate of the complaint (court > defendant)
④ Submission of the answer (defendant)
: Where the defendant denies the plaintiff's claim, the answer must be submitted within 30 days of service
(if no answer is submitted, judgment is rendered immediately)
⑤ Service of the answer (court > plaintiff)
⑥ Issue-organization date
: The first date for pleading, on which both parties meet the judge early to confirm the issues of the case
⑦ Preparatory pleading procedure (court)
: The procedure for preparation of pleadings by written submissions and the date for preparation of pleadings
⑧ Date for pleading
: Where the preparatory pleading procedure has concluded, a date for pleading is set immediately
⑨ Date for concentrated examination of evidence
: After organizing the parties' assertions and evidence, examination of witnesses and examination of the parties
⑩ Judgment
Effect upon a Favorable Judgment
If the plaintiff (the true heir) prevails through a claim for recovery of inheritance, the defendant (the apparent heir) must return the inherited property in their possession.
This is not a mere return of objects; it has the comprehensive effect of having the true heir's status recognized and recovering the inheritance as a whole.
4. Claim for Recovery of Inheritance | Checklist
In a claim for recovery of inheritance, success or failure turns on the facts and the evidence.
If preparing alone, one should prepare thoroughly using the following step-by-step checklist.
Preparation Stage | Key Content |
Confirming inheritance rights | Confirm whether you are a true holder of inheritance rights |
- Inspect the decedent's family relation register - Review legal qualifications, such as whether there was a legal marriage and whether there was acknowledgment | |
Ascertaining the existence of an apparent heir | Identify the person who possessed the inherited property or held themselves out as an heir |
- Inquire into the decedent's property, such as real estate and deposits - Investigate who disposed of or is managing the property | |
Proving possession and infringement | Secure evidence that can prove the fact of the inheritance infringement |
- Certified copy of the register, transaction records, certificate of seal impression, etc. - Make use of indirect evidence as well, such as recordings of telephone conversations with co-heirs | |
Preparing to file suit | Organize the documents and confirm the requirements for filing the lawsuit |
- Prepare the complaint - Confirm the competent court - Confirm whether the exclusion period has lapsed | |
Establishing a litigation strategy | Organize favorable materials and structure the arguments for trial |
- Whether there is a will, prior gifts, the fact of cohabitation, etc. - Actively assert the order of inheritance and grounds for disqualification | |
Preparing post-judgment procedures | Follow-up measures for actual recovery of the property after a favorable judgment |
The Inheritance Attorney's Assistance System
This law firm includes numerous attorneys with an average of more than 10 years of experience, as well as several inheritance-specialist attorneys registered with the Korean Bar Association.
Depending on the scale and difficulty of the case, the firm forms a task force of 1 to 20 members and provides assistance through every stage of the case, from confirming the status of the heir to determining whether an apparent heir is involved, gathering evidence, and representing the client in a claim for recovery of inheritance.
If you need assistance with an inheritance matter, 🔗Inheritance Attorney Legal Consultation Reservation may be used to request assistance.
Daeryun, the 9th-ranked law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), helps resolve cases through the systematic strategies of legal experts across multiple fields.
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