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He passed away without making a will; how is the property distributed?

My father recently passed away suddenly. However, there is no oral will or written will at all. In such a case, how is my father's property distributed? I am curious whether the family can divide it by agreement among themselves, or whether, according to legally set standards, someone inherits more.

Will

Answer to Related Inquiry

Author: 김국일

Where the decedent died without leaving a will, or a will exists but is void for failing to meet the legal requirements, the decedent's property is distributed to the heirs according to the statutory inheritance provisions prescribed by the Civil Act.

Statutory inheritance takes place according to the following order of priority, and where a higher-priority heir exists, a lower-priority heir does not have a right of inheritance.

The first priority is the decedent's lineal descendants (children, etc.) and the legal spouse.

The second priority is the decedent's lineal ascendants (parents, etc.) and the legal spouse.

The third priority is the decedent's siblings.

The fourth priority is the decedent's collateral blood relatives within the fourth degree.

Where there are several heirs belonging to the same priority, the principle is to divide the inheritance shares equally.

However, where the spouse inherits jointly with lineal descendants or lineal ascendants, the spouse's inheritance share is set at 1.5 times that of the other heirs.

Even to prevent disputes among heirs and carry out a smooth inheritance procedure, obtaining an expert's assistance at the early stage can be helpful.

For details related to wills, we recommend that you confirm them through a consultation with an attorney specializing in inheritance.