From inheritance renunciation application to repair, inheritance renunciation A-Z
hello.
I am Lawyer Lee Joo-young of Rook Law Firm.
Today, we will take a detailed look at inheritance renunciation from A to Z.
1. What is inheritance renunciation?
Inheritance renunciation is the complete renunciation of all property and debts of the deceased, as if he had not inherited from the beginning. 상속포기 신청
2. Period during which inheritance can be waived – 3 months from the date of inheritance 좋은뉴스
The important thing is that it is not 3 months from the day the inheritance commences, that is, the date of the deceased’s death, but 3 months from the date of knowing the deceased’s death.
Therefore, if you are unaware of the death of the deceased because you have not been able to contact the deceased, and you later receive an acquisition tax bill, an automobile tax bill, and other debtors’ complaints, you finally learn of the deceased’s death, you can give up inheritance even if three months have passed since the date of death. there is.
If you knew the death of the deceased but were unaware of the excess of debt, and received a complaint after three months and found out of the excess of debt belatedly, you cannot give up inheritance and must have special approval.
3. Inheritance renunciation when there are multiple heirs
Usually, when there are multiple heirs, one person is often known to have limited approval and others to give up inheritance, and there are many cases in which they are guided as such unconditionally even though they claim to be legal experts.
However, there are cases where limited acceptance is not appropriate and it is better for all heirs to renounce inheritance.
3-1. When there are multiple heirs, but it is appropriate to give up inheritance for all of them
Representatively, there is real estate as an inherited property or when the relationship between property and debt is complicated.
Learn more about why one person should not be granted unconditional limited approval, and the rest of the inheritance should not be abandoned >
3-2. In general, the range of heirs to be renounced
Lineal descendants and spouse of the deceased (direct descendants include children, grandchildren, and great-grandchildren of the deceased)
Lineal ascendants and spouses of the ancestor (lineal ascendants include parents, grandparents, and great-grandmothers of the deceased)
siblings of the decedent
A collateral blood relative within the fourth degree of ancestor
3-4. If the grandfather dies, do not only the son but also the grandson have to give up their inheritance?
If both the spouse and children of the ancestor renounce inheritance, the grandchildren must also renounce inheritance.
In particular, in the case of minor grandchildren, there are cases where they think that they do not have to give up inheritance and do not give up inheritance, but later, a lawsuit comes in to the grandchildren and they are in trouble.
Limited approval for relinquishment of inheritance for grandchildren Read more >
3-3. Do I need to receive inheritance renunciation from other relatives when I give up inheritance?
It is sufficient to give up inheritance within 3 months from the date of commencement of inheritance, so it is not necessary for all heirs to do so at once.
In particular, in the case of second-order heirs, inheritance begins only when all heirs of the first-order give up inheritance.
Therefore, each heir can renounce inheritance simultaneously or sequentially within the inheritance renunciation period.
A method for first-order heirs to notify other relatives while giving up inheritance so that they can apply for inheritance renunciation together or individually.
A method in which the first-order heirs (spouse, children, and grandchildren) renounce inheritance, and the remaining heirs each renounce inheritance within 3 months of learning about the commencement of inheritance
3-2. If I give up inheritance, will other relatives be harmed?
If you give up inheritance, you worry a lot about these things. However, since relinquishment of inheritance is not a difficult process, relatives can take the time to do it themselves, or they can do it through legal experts without incurring large expenses. Rather than trying to handle an excessively large burden due to limited approval, it would be wiser to share a small burden together.
4. Documents required for inheritance renunciation
Category Required Documents
heir’s
Copy of resident registration or abstract
seal certificate
Seal (sealed on power of attorney)
Basic certificate (detailed)
Certificate of family relationship (detailed)
of the deceased
Copy of resident registration or abstract
Certificate of family relationship (detailed) or copy of expulsion
basic certificate
For minors, citizenship or overseas Koreans, etc. Required Documents See more >
5. Inheritance renunciation procedure
1. Prepare the application and necessary documents, pay the stamp duty and delivery fee to the court, and submit the documents.
2. The court issues a correction order if there is a problem with the application or required documents. In that case, you can submit an amendment at the request of the court (the amendment order may be issued several times, and you must submit the amendment several times each time.
3. After submitting the application, the inheritance renunciation judgment will usually come out within 1-3 months (it may take up to 6 months depending on the court).
6. Inheritance Abandonment Costs
Stamp fee 4,500 won
Transit voucher 5,000 won
Delivery fee 27,000 won
Fee 100,000 won
no postage
Total KRW 135,500
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