Division of Inherited Property Procedure

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1. 1Confirming heirs and inheritance shares
2. 2Division by agreement
3. 3Application for mediation
4. 4Mediation sessions
5. 5Division adjudication proceedings
6. 6Claiming contributory share / special benefits
7. 7Notice of adjudication
8. 8Immediate appeal
9. 9Registration / title transfer

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

For division by agreement, depends on when agreement is reached; for mediation and adjudication, varies by case (longer if appraisal is involved)

Cost

Stamp fee (KRW 5,000 for a mediation application; for adjudication, calculated according to the value of the property and the inheritance share), service fee, and actual costs such as appraisal fees

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   First, confirm who the heirs are and each person's statutory inheritance share (the basic share set by law). A spouse receives 1.5 times a child's share, and the children receive equal shares. If there is a valid will, distribution under the will takes priority, so also check whether there is a will.

2. 2

   If all heirs agree on how to divide, it is a division by agreement (Civil Act §1013, no deadline). With an agreement signed and sealed by all, you can register and transfer title. However, an agreement missing even one heir is void, so if there is an heir who cannot be reached, you must use court proceedings.

3. 3

   If no agreement is reached, apply to the family court for mediation. Division of inherited property is a case that must first go through mediation, so you cannot petition for adjudication directly without mediation. Even if you petition for adjudication, it starts with mediation.

4. 4

   If mediation fails, the family court divides the property by adjudication (decision). At this stage, if a contributory share for supporting or caring for the deceased, or special benefits another heir received during the deceased's lifetime, are claimed, each person's share is adjusted. Evidence such as bank statements, registrations, and caregiving records decides the outcome, so gather it in advance.

5. 5

   If you cannot accept the result of the adjudication, file an immediate appeal within 14 days from the day of receiving the decision (Family Litigation Act §43(5)). After this period, the adjudication becomes final. With the final adjudication, you can register and withdraw deposits.

6. 6

   Mediation and adjudication can take a long time depending on the case. If there is a risk that another heir will dispose of property in the meantime, first apply for provisional attachment or a provisional injunction to freeze the property. If the property has already been disposed of, it becomes hard to receive it even if you win the adjudication.

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhich court do I file mediation or adjudication with?

File with the family court for the place where the other party (another heir) lives. There may be several other heirs living in different places. In that case, check with the family court before filing which family court to file with.You can also file through the Supreme Court's e-litigation system. A division by agreement (heirs dividing by agreement among themselves) does not require going to court; you submit the agreement directly to the registry office or bank.

QHow much does it cost?

The stamp fee for a mediation application is KRW 5,000. If it moves to adjudication, the stamp fee is not a fixed amount.As in a lawsuit for partition of co-owned property, it is calculated based on 1/3 of the value of the property to be divided multiplied by the claimant's inheritance share ratio. The amount paid for mediation is deducted.The service fee is the amount set by the court depending on the number of heirs, etc. What actually costs a lot is real estate appraisal fees (which vary by the property and appraiser) and lawyer's fees.As a rule, the party who applies for appraisal pays the appraisal fee in advance, and the final burden is decided in the adjudication. So it is good to consider in advance whether an appraisal is necessary.

QHow do I write the agreement, and do all heirs need to gather?

You do not need to gather in one place. All heirs sign an agreement with the same content, affix their registered seals, and attach their own certificates of seal impression. With this agreement, you can register the inheritance at the registry office as it is.An heir living abroad obtains signature authentication at a Korean diplomatic mission (embassy or consulate) in that country. This confirms that the person signed it personally, in place of a certificate of seal impression.

QWhat if there is an heir who cannot be reached?

A division by agreement requires all heirs to take part, so it cannot be done; apply to the court for mediation or adjudication. If documents cannot be delivered because the address is unknown, the case can proceed with service by public notice, which treats posting at the court as delivery.If you do not even know whether the person is alive, first apply for the appointment of an administrator of an absentee's property.

QWhat if there is a minor heir?

A parent cannot sign the agreement on behalf of the child. This is because the parent and child are both heirs, and their interests conflict.You must first petition the family court to appoint a special representative, and if there are several minor children, a different special representative is appointed for each child. This is because the children's interests may also conflict with each other.

QCan I withdraw the deceased's deposits before the division is finished?

Check with the bank concerned which documents are needed to withdraw inherited deposits and whether partial payment is possible. If there is a risk that another heir will dispose of property, first apply for provisional attachment (freezing assets in advance before trial) or a provisional injunction.