South KoreaWhat is the procedure for renouncing inheritance?
In South Korea, an heir must file a formal renunciation of inheritance with the family court within three months of learning about the inheritance. Late renunciation is only allowed if the heir lacked knowledge or was unable to act due to justifiable cause.
What the Law Says
South Korean law strictly regulates inheritance renunciation to protect heirs from unintended liability and ensure orderly estate settlement.
An heir may renounce inheritance by submitting a written petition to the family court that has jurisdiction over the deceased’s last domicile. This must be done within three months from the time the heir becomes aware of the inheritance.
If the heir fails to renounce within the three-month period, renunciation is still permitted only if the heir proves they were unaware of the inheritance or were unable to act due to justifiable cause — such as serious illness, detention, or lack of legal capacity — and files the petition without delay after the obstacle ends.
Once accepted by the court, renunciation is retroactive to the time of the deceased’s death and is irrevocable. The renouncing heir is treated as if they never had inheritance rights — meaning they bear no liability for the deceased’s debts and receive no share of the estate.
Statutory TextAn heir who wishes to renounce inheritance shall file a petition therefor with the family court having jurisdiction over the last place of residence of the decedent within three months from the time he/she learns of the commencement of inheritance.
— Civil Act, s. 1017 — Renunciation of Inheritance
Statutory TextIf an heir fails to renounce inheritance within the period prescribed in the preceding Article, he/she may do so only when he/she did not know of the commencement of inheritance or was unable to make a declaration for justifiable cause; in such case, he/she shall file a petition for renunciation without delay after the cause ceases.
— Civil Act, s. 1018 — Late Renunciation
What to Do
Confirm the deceased’s last registered domicile (to identify the correct family court).
Prepare a written petition stating your intent to renounce inheritance, including your relationship to the deceased and reasons (if applicable for late renunciation).
Submit the petition to the competent family court — no filing fee is required.
Attend any court hearing if requested (rare for straightforward renunciations).
Obtain the court’s official decision confirming acceptance of renunciation — keep this for future reference with creditors or estate administrators.
Sources
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JapanNot 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.