What is the order of statutory heirs and their shares?

What the Law Says

South Korea’s Civil Act sets out the statutory order of heirs and their respective inheritance shares. The law prioritizes blood relations and the surviving spouse, with strict rules on division when multiple heirs exist.

Statutory heirs are determined strictly by blood relation and marriage, in a fixed order. First in line are the deceased’s direct descendants (e.g., children, grandchildren). If none exist, the law moves to direct ascendants (e.g., parents, grandparents). Next are siblings, and finally, relatives within the fourth degree of collateral consanguinity (e.g., cousins).

The surviving spouse always inherits alongside other statutory heirs—but never alone unless no other heirs exist in the first three classes. Their share depends on who else survives: with descendants, the spouse receives 1/2 of the estate; with direct ascendants only, 1/3; and with siblings only, 1/3.

Within each class, heirs inherit equally. For example, if the deceased is survived by three children and a spouse, the estate is divided into six equal parts: three parts go to the children (1/3 each), and three parts go to the spouse (1/2 total).

Statutory Text

The order of statutory heirs shall be as follows: (1) direct descendants; (2) direct ascendants; (3) siblings; and (4) relatives within the fourth degree of collateral consanguinity.

— Civil Act, s. 1000 — Order of Statutory Heirs

Statutory Text

If the surviving spouse inherits together with direct descendants, the spouse shall receive one-half of the estate; if together with direct ascendants only, one-third; and if together with siblings only, one-third.

— Civil Act, s. 1009 — Share of Surviving Spouse

Statutory Text

Heirs of the same rank shall inherit in equal shares.

— Civil Act, s. 1010 — Equal Division Among Heirs of Same Rank

What to Do

Sources