South KoreaHow is inherited property divided among co-heirs?
In South Korea, inherited property is divided equally among co-heirs unless a valid will specifies otherwise or heirs agree in writing to a different distribution.
What the Law Says
South Korean inheritance law presumes equal division of the estate among statutory heirs unless modified by will or agreement. The Civil Act sets mandatory shares for certain heirs and defines procedures for partition.
Under South Korean law, when a person dies without a will (intestate), the estate is divided among statutory heirs according to fixed shares defined in the Civil Act. The default rule is equal division among co-heirs of the same rank — for example, children inherit equal portions.
However, the law guarantees a minimum statutory share: the surviving spouse is entitled to at least half of the total inheritance share that would otherwise go to children collectively. Also, if an heir has made extraordinary contributions to the deceased’s property or care, they may claim a 'contribution share' (bunyeo-bun), which can adjust the division.
Co-heirs may agree in writing to divide the estate differently than the statutory shares — such agreements are legally binding if made voluntarily and in compliance with formal requirements.
Statutory TextThe property of a deceased person shall be inherited by his or her heirs in accordance with the provisions of this Act.
— Civil Act, s. 1003 — Inheritance by Heirs
Statutory TextHeirs of the same rank shall inherit in equal shares.
— Civil Act, s. 1009 — Shares of Heirs of Same Rank
Statutory TextThe spouse shall inherit one-half of the share of each child, but not less than one-half of the total inheritance.
— Civil Act, s. 1009-2 — Share of Spouse
What to Do
Confirm the list of statutory heirs using family relationship certificates (hoju-deungbon).
Determine whether a valid will exists — if so, verify its authenticity and compliance with Civil Act requirements.
Hold a joint meeting of all heirs to discuss and document agreement on division (in writing, with notarization recommended).
If no agreement is reached within 3 months of inheritance commencement, any heir may petition the family court for judicial partition.
File inheritance tax returns within 6 months of death — late filing incurs penalties.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.