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Renunciation of inherited property: how is it done?
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Recently, as my parents passed away, I am preparing for the inheritance procedure, but since there are more debts than assets left behind, I do not wish to receive the inheritance. I heard that in such a case there is a procedure called 'renunciation of inherited property.' I am curious about exactly how I should proceed. If there is a deadline, a procedure, or any points to be careful about for renunciation, please let me know.
Renunciation of inherited property
Answer to Related Inquiry
Author: 김국일
I see that you have asked about the procedure for renunciation of inherited property.
In a case like yours, where the debts left by the decedent exceed the assets and you do not wish to inherit, you can legally apply for a renunciation of inherited property.
This means the heir renouncing their right to inherit altogether, and it must be applied for at the family court within a certain period to be recognized as legally effective.
To do so, you must submit a report of renunciation of inheritance to the family court of the place where the inheritance commenced within 3 months from the date on which you became aware of the commencement of the inheritance.
In the report of renunciation of inheritance, you may set out the personal details of the party, the purport of the claim, and the relationship with the decedent, in specific terms.
The family court accepts the report so long as there is no error in its entries.
At this point, once you renounce the inheritance, as a rule it cannot be withdrawn, so careful judgment is required before making the decision to renounce.
In a situation like yours, where the inheritance-related assets and debts are complex, it is advisable to prepare the procedure with the help of an attorney specializing in inheritance rather than deciding on your own.
Because the effect of renunciation of inheritance is recognized only through the correct legal procedure, we recommend that, through a consultation with a professional, you make concrete preparations from drafting the application for renunciation through to its submission.
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