[Legal Tips from Korean Lawyers] Understanding the Scope and Order of Heirs

 When a family member passes away, the issue of inheritance naturally arises. Of course, when inheritance occurs, it's important to first reach an agreement among the heirs. However, knowing whether you qualify as an heir and what rights you possess can be beneficial in the negotiation process.

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Therefore, it is crucial to clearly understand who inherits the property and in what order.

Let's explore the scope and order of heirs as stipulated by law.

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According to the Civil Code, the deceased person is referred to as the "decedent," and the person who receives the decedent's property is referred to as the "heir."

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Inheritance begins with the death of the decedent. Even if the specifics of the inheritance are determined later, the process itself is initiated upon the decedent's death. To determine the specifics of the inheritance, it is first necessary to identify the heirs and establish the order of succession. Article 1000 of the Civil Code defines the scope and order of heirs, which in turn determines how the inherited property will be distributed.

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Article 1000 (Order of Succession)

1. The following order applies to heirs:

1. Direct descendants of the decedent.

2. Direct ascendants of the decedent.

3. Siblings of the decedent.

4. Collateral relatives within the fourth degree of kinship.

2. If there are multiple heirs of the same rank, the closest kin has priority, and if they are of the same degree of kinship, they inherit jointly.

3. A fetus is considered already born with regard to the order of succession.

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Article 1001 (Substitutional Inheritance)

If a direct descendant or sibling who is eligible to be an heir under subparagraph 1 or 3 of paragraph 1 of the preceding article dies or is disqualified before the commencement of inheritance, their direct descendants will inherit in place of the deceased or disqualified person.

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Article 1003 (Spouse's Order of Succession)

1. The spouse of the decedent becomes a co-heir with the heirs listed in subparagraphs 1 and 2 of paragraph 1 of Article 1000. If there are no such heirs, the spouse becomes the sole heir.

2. In the case mentioned in Article 1001, the spouse of the deceased or disqualified person becomes a co-heir with the heirs under the same article, and if there are no heirs, the spouse becomes the sole heir.

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Firstly, the primary heirs are the direct descendants of the decedent, including children and grandchildren, who are prioritized in inheritance. If there are no direct descendants, the secondary heirs, the direct ascendants such as parents and grandparents, inherit the property.

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The spouse of the decedent becomes a co-heir with the direct descendants or direct ascendants. If there are no direct descendants or ascendants, the spouse becomes the sole heir.

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If there is no spouse, direct descendants, or direct ascendants, the siblings of the decedent become the third-order heirs. If there are no siblings, the collateral relatives within the fourth degree of kinship become the final heirs.

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Additional points to consider include the situation where there are multiple heirs of the same rank. In such cases, the closest relative has priority. For example, if both children and grandchildren are heirs, the children inherit first. If there are multiple heirs of the same degree, they inherit jointly. Moreover, according to Article 1000, paragraph 3, a fetus is considered to have already been born and thus has the right to inherit.

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(The explanation above assumes that all heirs are alive. If an heir dies or is disqualified before the commencement of inheritance and has direct descendants, "substitutional inheritance" may occur, which is not covered in this explanation.)

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Furthermore, heirs have the option to renounce inheritance or accept limited approval within three months of becoming aware of the commencement of inheritance. This is a legal measure designed to protect heirs from unfavorable inheritances, reducing the burden associated with inherited property.

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The rules of succession are intended to distribute the decedent's property fairly and to assign inheritance rights according to the closeness of family relationships. The details of inheritance shares will be explained in a subsequent article.

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In practice, inheritance issues can be highly complex, so it is advisable to seek legal advice from a lawyer.



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