Inheritance in Korea: What Foreigners Need to Know When a Family Member Dies

1. ·Art. 997 (Civil Act): Inheritance commences upon the death of the deceased — it is automatic and requires no application or court order.
2. ·Art. 998 (Civil Act): The place of inheritance commencement is the domicile of the deceased. This determines which Family Court has jurisdiction over inheritance proceedings.
3. ·Art. 998-2 (Civil Act): Costs incurred in connection with the inheritance (e.g., court fees, administrative expenses) are paid out of the inherited estate — not personally by the heirs upfront.
4. ·Art. 181 (Civil Act): Any statute of limitations (소멸시효) on rights belonging to or against the inherited estate is suspended for 6 months from the moment heirs are confirmed, an administrator is appointed, or bankruptcy is declared — protecting heirs from losing rights while the estate is being settled.
5. ·Art. 193 (Civil Act): The right of possession (점유권) over property in the estate transfers directly to the heirs — meaning heirs legally step into the possessory position of the deceased regarding inherited assets.

1. ·The inheritance must be triggered by the death of the deceased (Civil Act Art. 997) — inheritance by other means (e.g., gift) follows different rules.
2. ·The deceased must have had a domicile in Korea for Korean courts to have jurisdiction (Civil Act Art. 998).
3. ·Note: Membership rights in an incorporated association (사단법인 사원권) CANNOT be inherited (Civil Act Art. 56) — this is a key exception to the general inheritance rule.
4. ·Rights of possession over inherited property transfer automatically to heirs without special formality (Civil Act Art. 193).

1. 1Step 1: Confirm the fact of death — obtain the death certificate (사망진단서) from the hospital or relevant authority as soon as possible.
2. 2Step 2: Identify the deceased's last domicile in Korea — this determines the jurisdiction of the Family Court (가정법원) handling the estate (Civil Act Art. 998).
3. 3Step 3: Contact the Korea Legal Aid Corporation (대한법률구조공단, tel. 132) for a free initial consultation, especially if you are a foreigner unfamiliar with Korean inheritance procedures.
4. 4Step 4: Consult a lawyer (변호사) or certified judicial scrivener (법무사) about whether to accept, renounce, or accept with limited liability (한정승인) the inheritance — especially if the deceased may have had debts. Time limits apply (not specified in the provided articles).
5. 5Step 5: Gather all documents related to the estate (property, bank accounts, debts) and begin the formal inventory with legal assistance.
6. 6Step 6: Be aware that costs for inheritance proceedings are paid from the estate (Civil Act Art. 998-2) — document all expenses carefully.
7. 7Step 7: Note that the 6-month suspension of statute of limitations (Civil Act Art. 181) gives you some protection, but do not delay seeking legal advice.

Family Court (가정법원) in the jurisdiction of the deceased's last domicile in Korea; Korea Legal Aid Corporation (대한법률구조공단) for free legal consultation

1. ·Assuming nothing needs to be done — while inheritance opens automatically (Art. 997), you must actively decide whether to accept or renounce within legal time limits; missing these deadlines can result in automatic acceptance of debts.
2. ·Ignoring the domicile rule (Art. 998) — filing in the wrong court wastes time and may require refiling.
3. ·Trying to inherit membership rights in a non-profit incorporated association (사단법인) — these CANNOT be inherited under Civil Act Art. 56.
4. ·Paying inheritance proceeding costs personally without tracking them — they should be reimbursed from the estate (Art. 998-2); keep all receipts.
5. ·Letting statutes of limitations lapse on estate-related claims — the 6-month protection of Art. 181 helps, but you must still act; the protection is not indefinite.
6. ·Foreigners assuming Korean inheritance law does not apply to them — if the deceased had a domicile in Korea, Korean law and courts have jurisdiction over Korean-based assets.