[Legal Tips from Korean Lawyers] If an heir is unreachable, how is the inheritance property handled?

Are some of your siblings difficult to reach because they immigrated abroad a long time ago, or are they in Korea but currently unreachable?

In such cases, when your parents pass away, it can be challenging to handle the inheritance when some heirs cannot be contacted. Today, we are going to find out how to manage the inheritance if some heirs are unreachable.

If Contact is Possible but Meeting for Discussion is Difficult

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Inheritance division by agreement is the method where heirs agree to divide the inheritance. If the heirs can reach an agreement, this is the best way. However, if some heirs are unreachable or living abroad, it may be difficult to proceed with the agreement. Here are a few methods you can use in such situations:

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1. Appointing a Representative

Heirs living abroad can appoint a representative in Korea to participate in the discussions. This allows for meaningful negotiations while protecting the rights of the heirs who are overseas.

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2. Using Video Conferencing

If meeting in person is difficult, you can conduct discussions through video conferencing or similar means. This enables smooth communication among the heirs, regardless of time and location.

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When conducting an inheritance division by agreement, it is crucial to thoroughly confirm the opinions of all heirs and accurately document them in the agreement. If the agreement is drawn up without properly verifying the intentions of some heirs, or if the inheritance division agreement is arbitrarily made regarding the share of an unreachable heir, the agreement will not be recognized, and additional legal issues such as forgery of private documents may arise. Therefore, it is essential to obtain the consent of all heirs and draft the agreement accordingly. If some heirs cannot be contacted, the agreement is not feasible, and the inheritance must be resolved through an inheritance division judgment request as described below.

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When Agreement is Difficult: Requesting an Inheritance Division Judgment

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If inheritance division by agreement is difficult or impossible, you can request an inheritance division judgment from the Family Court under Article 1013 of the Civil Code. In such cases, the court will consider the interests of all heirs and make a fair division. A court judgment is an important method for appropriately distributing the inheritance when an agreement cannot be reached. However, in the court's inheritance division judgment process, a fair division must also be decided for all heirs, including those who cannot be contacted. The following steps can be taken for the unreachable heirs before continuing with the judgment:

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1. Appointment of an Inheritance Property Administrator

Under Article 1053 of the Civil Code, you can request the court to appoint an inheritance property administrator. This is an important procedure to protect the property of the heirs and to proceed with the inheritance process.

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2. Declaration of Presumed Death

If an heir has been unreachable for an extended period, which is 5 years, you can request a declaration of presumed death under Article 27 of the Civil Code. Once this declaration is made, the heir is legally considered deceased, allowing the inheritance process to proceed.

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3. Public Notice Service

Under Article 194 of the Civil Procedure Act, you can proceed with the legal process after notifying the unreachable heir through public notice service.

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Even when some heirs are unreachable or living abroad, the inheritance can be managed through legal procedures. However, to protect the rights of all heirs and prevent future disputes, it is important to exhaust all possible means to contact and encourage them to participate in the agreement. Since inheritance issues involve complex legal procedures, it is advisable to seek expert advice and ensure that the process is conducted correctly.

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