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Q
If I do not want it, is refusal of inheritance also possible?
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My father, from whom I had long been estranged, recently passed away, and it seems that the debts he left behind exceed the property. There is no inheritance to speak of, and I am worried that I will end up bearing only the debts. If I do not want it, is refusal of inheritance possible? If it is possible, I would be grateful if you could tell me the method and the time period for refusing an inheritance.
refusal of inheritance
Answer to Related Inquiry
Author: 김국일
Yes. If you do not wish to inherit, you can refuse the inheritance through the 'renunciation of inheritance' procedure.
In legal terms, it is expressed not as refusal of inheritance but as 'renunciation of inheritance,' and this is a system in which an heir declares to the court that they will not receive any of the inherited estate at all (including debts).
To renounce an inheritance, you must submit a written report of renunciation of inheritance to the family court that has jurisdiction over the address of the decedent.
At this time, the written renunciation must state the following matters, be signed, and be submitted in writing.
- The registered domicile, address, name, and date of birth of the party (or agent)
- The purport and cause of the claim
- The date of the claim
- The designation of the family court
- The name and last address of the decedent
- The relationship to the decedent
- The date on which one became aware that the inheritance had commenced
- The intention to renounce the inheritance
The family court accepts the report if there is no error in its statements.
Once the report of renunciation of inheritance is accepted, one is legally deemed never to have been an heir from the beginning.
What is important here is that the application must be made within three months from the date the inheritance commenced, that is, the date of the decedent's death.
If you exceed the deadline, you are deemed to have made a simple acceptance of the inheritance, and you may end up bearing even the debts without being able to refuse the inheritance.
Therefore, to prepare the documents flawlessly within the tight period, it is wise to proceed with the advice of a legal expert.
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Naewon Kwak
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Judge of Daejeon District Court, Gongju Branch, Household Affairs Division, Suwon District Court, Judge of Household Affairs Division, Suwon District Court
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