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Q

In what cases do co-heirs arise, and whom do they refer to?

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Recently, when my mother passed away and we came to organize the inheritance, the term 'co-heirs' kept coming up among the family. I heard that when there are several heirs they become co-heirs, but I am curious in exactly what cases co-heirs arise and who the members are. Also, please tell me how each person's rights are divided when they become co-heirs, and how the inherited property is divided. I am also curious whether the division of property becomes more difficult when there are many heirs.

Co-heirs

A

Answer to Related Inquiry

Co-heirs literally refers to several heirs of the same priority who jointly inherit when there are multiple heirs.


Because inheritance is usually received jointly by several family members, co-heirs arise in typical inheritance cases.


For example, when one of the parents who have several children dies, the spouse and the children all become co-heirs, and they hold joint rights and obligations with respect to the inherited property.


Under the Civil Act, the spouse is always included as a co-heir and inherits jointly with the heirs of each priority according to the order of succession.

Statutory order of succession
First priority: lineal descendants
Second priority: lineal ascendants
Third priority: siblings
Fourth priority: collateral relatives within the fourth degree

Co-heirs first become joint owners of the entire inherited property.


Afterward, they divide the property individually through a division by agreement, or, if no agreement is reached, they file a claim for division of the inherited property with the court.


The more heirs there are, the more complex the interests become and the greater the potential for disputes, so it is important to clearly organize matters through an expert's mediation or a legal consultation.


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Attorney 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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