Renouncing an inheritance:
three months to decide whether to take on the debts

Simple acceptance, qualified acceptance and renunciation: the differences

The report is filed with the family court having jurisdiction over the deceased's last place of residence (the place where the inheritance began) (Article 44(1)(vi) of the Family Litigation Act). Renunciation takes less effort, but the debts pass to the relatives in the next rank. Qualified acceptance keeps the debts from passing to other relatives, but after the report is accepted, the heir carries the burden of handling the liquidation personally. If you cannot tell whether the property or the debts are larger, qualified acceptance is generally less risky.

Before deciding, an heir may investigate the remaining property (Article 1019(2) of the Civil Act). During that time, the heir must look after the remaining property with the same care as their own belongings (Article 1022). Family members who lived in a house in the deceased's name should leave it as it is, without selling it or transferring title, and finish the investigation first. Extension of the deadline is a Class D non-contentious family case, so permission is sought from the same court (Article 2(1)(ii)(a)30) of the Family Litigation Act).

When the deadline starts

The starting point is not the date of death. It is the day you learned that the inheritance had begun and that you had become an heir as a result. So a person whose turn came because all family members in the earlier rank renounced counts three months afresh from the day they learned of that. If the heir is a person with limited capacity, such as a minor, the relevant date is when the person with parental authority or the guardian learned of it (Article 1020). If it seems that the investigation of property and debts will not be finished within three months, file for an extension before the deadline expires (proviso to Article 1019(1)).

In the following cases, you are deemed to have inherited the debts as well, whether or not you filed a report (Article 1026).

• Dealing with the property — withdrawing and spending money from the deceased's account, selling the deceased's car or house, or collecting money owed to the deceased
• Not reporting qualified acceptance or renunciation by the end of the three months
• After reporting qualified acceptance or renunciation, hiding property, consuming it without authorization, or deliberately leaving it out of the inventory

If three months have already passed: special qualified acceptance

There is still a way out if you did not know, without gross negligence, that the debts exceeded the estate, or if you touched the estate property without knowing this and were therefore deemed to have accepted outright. You can report qualified acceptance within three months of the day you learned the debts exceeded the estate (Article 1019(3)). If you have disposed of any property, you must state the details and value in the report (Article 1030(2)), and add the value of the disposed property to the remaining property as the fund for repayment (Article 1034(2)). Success depends on showing with evidence when you learned of the debts (for example, the day a debt collection letter or court papers first arrived) and why you could not have known before then.

A special rule for minors was newly introduced on December 13, 2022. If an inheritance of excess debt became fixed as simple acceptance while the child was a minor, that child may file a qualified acceptance in their own name within three months of learning of the excess debt after becoming an adult (Article 1019(4)). The rule is meant to prevent children from being saddled with debt because their parents failed to act for them.

After the report is accepted

1. Check who is nextThe renouncing heir's share goes to the co-heirs of the same rank (Article 1043), and if everyone in the same rank steps aside, the turn passes in order to grandchildren, parents, siblings, and so on. The family should plan together who will file and when.
2. Managing the propertyEven after renouncing, the renouncing heir must protect the property until the new heir can take over its management (Article 1044).
3. Public notice for filing claimsWithin five days of the acceptance, an heir who made a qualified acceptance must publish a notice urging creditors to file their claims within a filing period of at least two months, and must notify known creditors individually (Article 1032).
4. Pro rata repaymentAfter the filing period, repay the creditors who filed and the creditors you knew of in proportion to their claims. Creditors with priority rights, such as mortgagees, must be paid first (Article 1034(1)). If you ignore the order and repay only some creditors, causing loss to the others, you must compensate that loss (Article 1038).

Even if you signed a pledge while your parent was alive saying "I will not inherit," it has no legal effect. Renunciation of inheritance is recognized only by reporting to the family court within the statutory period after the inheritance has begun (Supreme Court Decision 98Da9021, decided July 24, 1998).

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Based on Korean statutes in force (as published by the National Law Information Center, Ministry of Government Legislation) and court decisions as of October 20, 2026. Outcomes may differ with changes in the law and the facts of each case. This page provides general information and is not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026