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Q

How do I renounce inherited debt?

Legal IntellectualViews8,637

Recently, my father passed away, and an inheritance issue arose. It turns out the debts far exceed the assets, so receiving the inheritance is actually a concern. I heard that in such a case even the debts are inherited. Can I renounce the inheritance altogether? What procedure do I need to follow to be able to renounce inherited debt? And I would be grateful if you could also let me know the deadline and any points to be careful about.

renunciation of inherited debt

A

Answer to Related Inquiry

I understand that you are inquiring about the method and deadline for renouncing inherited debt.


As in the situation you described, where the decedent's debts exceed the assets, you can legally renounce the inheritance.


For renunciation of inherited debt, under the Civil Act, it takes effect only if the application is filed with the family court within three months from the day you become aware of the commencement of the inheritance.


Generally, the day the decedent died is the reference point, but where the existence of the debt was learned later, the period may be counted from the day it was discovered.


In this case, the court with jurisdiction is determined based on the deceased's last address, and the documents to be submitted together include the cancellation report of the renunciation of inheritance, a certificate of the registered seal, and the like.


Once the court accepts it, the heir in question inherits neither the assets nor any of the debts and is deemed never to have been an heir from the outset.


In addition, renunciation of inheritance has the characteristic that, in principle, once it is accepted, it cannot be withdrawn.


Accordingly, where the size of the debt is unclear, it is advisable to decide carefully by comparing it with the 'qualified acceptance of inheritance' procedure.


If necessary, you may wish to seek a consultation with a professional, such as an inheritance attorney.

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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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