Civil Act
Civil Act
- The basics of inheritance is provided in Part V of the “Civil Act”.
- A person who has the highest priority and the closest in degree of relationship becomes the inheritor among lineal descendants of the inheritee, lineal ascendants of the inheritee, brothers and sisters of the inheritee, and collateral blood relatives within the fourth degree of the inheritee (Article 1000 of the “Civil Act”).
- If there exist two or more inheritors, they become co-inheritors in which case they share the inherited property according to their share of inheritance until the inherited property is divided (Article 1006 of the “Civil Act”).
Family Litigation Act
Family Litigation Act
- The “Family Litigation Act” applies to non-contentious cases on inheritance.
- The adjudication on the qualified acceptance and renunciation of inheritance, request for permission to extend the period for acceptance or renunciation of inheritance, the request for the disposition for preserving the inherited property, the request for the appointment of an appraiser for inherited property, the request for the appointment of an administrator of jointly inherited property, the request for partition of inherited property, the request for the appointment of an administer and public notice on a search for an heir if it is unclear whether there exists an inheritor, and the request for the apportionment of the inherited property will be subject to the non-contentious procedure under the “Family Litigation Act” (Article 2 (1) 2 of the “Family Litigation Act”).
Civil Procedure Act
Civil Procedure Act
- The general civil procedures under the “Civil Procedure Act” apply to the request for the partition of inherited property of co-inheritors, the request for the recovery of inheritor by the inheritor, and the request of the return of the legal reserve of inheritance by trial.
Registration of Real Estate Act
Registration of Real Estate Act
- If an inheritor has inherited real estate property, he/she may register the real estate property as a result of inheritance and the real estate registration procedure is subject to the “Registration of Real Estate Act”.
Inheritance Tax and Gift Tax Act, Local Tax Act, and Framework Act on Local Taxes
Inheritance Tax and Gift Tax Act, Local Tax Act, and Framework Act on Local Taxes
- An inheritor who inherits will be imposed of inheritance tax.An inheritor must report the payment of inheritance tax within six months from the last day of the month in which the commencement date of inheritance falls.The payment procedure of inheritance tax is subject to the “Inheritance Tax and Gift Tax Act.”
- An inheritor who inherits real estate property, vehicle, condominium membership, etc. will be imposed of the acquisition tax.The payment procedure of acquisition tax is subject to the “Local Tax Act” and the “Framework Act on Local Taxes.”