Collection of documents required when applying for inheritance renunciation (form)
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1. Request for adjudication on abandonment of inherited property
2. Documents of the deceased person
3. Documents of those who renounce inheritance (one copy each)
4. Other precautions
In order to apply for inheritance renunciation, you must submit a request for judgment on the renunciation of inheritance property to the court, and there are necessary documents. And you have to pay taxes too. Below are the documents required for filing an inheritance waiver application and how to fill it out in a simple way.
1. Request for adjudication on abandonment of inherited property
You will need to file a claim for judgment on the renunciation of inherited property. The form is below, but it’s not too difficult to fill out. However, in order to write it easily, you need to know a little about the inheritance order, and the inheritance order and the calculation of the legal inheritance are summarized in the post below, so you can refer to them.
Easy calculation of legal inheritance according to inheritance order
It is not difficult to calculate the legal inheritance according to the order of inheritance. It is stated in the civil law, and even if you do not look at the complicated civil law, you can calculate it according to the table below. Inheritance order by inheritance
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2. Documents of the deceased person
① Basic certificate (detailed)
② Family relationship certificate (detailed)
③ Copy of resident registration (must have the expungement mark)
☞ The above documents will be marked as ‘expunged person’ only when the death report is made, and the ‘death’ mark will appear, so you will need to report the death first and get it issued.
3. Documents of those who renounce inheritance (one copy each)
① Basic certificate (detailed)
② Family relationship certificate (detailed)
③ Copy of resident registration (second)
④ Certificate of seal impression (issued by the applicant) ☞ In the case of submitting a certificate of confirmation of signature in lieu of a certificate of seal impression, the signature must be used, but the signature must be in the same handwriting.
4. Other precautions
① If the claimant is a minor, it becomes a little more complicated. In this case, the seals of all legal representatives (father and mother) must be sealed. If the person with parental authority gives limited approval and the minor child renounces inheritance, the person with parental authority cannot represent the minor child and must appoint a special representative. See post 4 below for more details on this.
Reasons why heirs should simultaneously apply for inheritance renunciation and limited acceptance.
1. Whether it is possible to apply for inheritance renunciation and limited approval at the same time You can apply for inheritance renunciation and limited approval at the same time. It also has the advantage of being simpler. Inheritance means inheriting property as well as debt.
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② All of the above documents must be issued with resident registration number disclosure and details.
③ If the ancestor died before December 31, 2007, the family relation register is not prepared, so a copy of the family register must be submitted.
④ A power of attorney is required when delegating to an agent (lawyer, judicial scrivener, relative, etc.).
⑤ Family tree ☞ Must be attached when claimants for renunciation of inheritance are not direct descendants. There is no special format for the family tree, just draw it on A4 paper and submit it. Don’t draw too carelessly.
⑥ Competent court ☞ The competent court is a family (regional, branch) court that has jurisdiction over the last address (resident registration place at the time of death) of the ancestor (deceased person).
⑦ Receipts for stamp duty and delivery charges must be attached. (Stamp fee: KRW 5,000 × number of claimants, delivery fee: KRW 15,200 (one-time delivery fee in 2022) × number of claimants.
⑧ Check the competent court, pay the stamp duty, delivery fee, and other proofs online, issue, and attach the method by going to this link.
⑨ All of the above documents must be within 3 months of issuance.
⑩ If you fail to properly submit the preparatory documents for the renunciation of inheritance, the court will issue a correction order, which will only take time, so you must carefully review and submit them.