[Documents to prepare for inheritance renunciation]- What documents do I need to prepare when filling out the application for inheritance renunciation?
[Documents to prepare for inheritance renunciation]- What documents do I need to prepare when filling out the application for inheritance renunciation?
Question: [Documents to prepare for inheritance renunciation]-What documents do I need to prepare when filling out the application for inheritance renunciation?
This time my mother passed away and she passed away in a situation where she had a lot of debt. 상속포기 신청
She consulted with her family and decided to renounce her entire family (grandchildren) inheritance as limited approval is complicated. 좋은뉴스
What documents should I prepare?
answer:
Thank you for visiting our attorney’s office.
I’ll answer you.
Preparing documents for inheritance renunciation is simpler than limited approval.
First, I will explain the preparation documents, and then I will explain whether you must give up inheritance.
Since you are currently giving up inheritance to your grandchildren, I will explain by dividing it into direct descendents and direct descendant grandchildren.
1. First of all, preparation documents for lineal descendants and spouses to renounce inheritance
[inheritor]
1. Certificate of family relationship (detailed) of the applicant, 1 copy each
2. A certified copy or abridged copy of the applicant
3. Certificate of seal impression of the applicant (can be substituted for identity confirmation), 1 copy each (for issuance by the applicant)
4. Each applicant’s personal seal
[deceased]
5. Basic certificate of the deceased (detailed) 1 copy
6. Family relationship certificate of the deceased (detailed) 1 copy
7. 1 copy of an abridged version of the deceased
※ The family relation documents of the deceased must be issued with documents that have been closed after reporting the death (family relation documents marked as deceased next to the deceased’s name).
※ Family relations documents must be issued so that all resident numbers can be written in detail.
2. Documents to be prepared when second lineal descendant grandchildren give up inheritance
[inheritor]
1. Certificate of family relationship (detailed) of the applicant, 1 copy each
2. Family relationship certificate (detailed) of the applicant’s father 1 copy
3. 1 copy each of the applicant’s certified copy or abstract
4. Certificate of seal impression of the applicant (can be substituted for identity confirmation), 1 copy each (for issuance by the applicant)
5. Each applicant’s personal seal
[deceased]
6. Basic certificate of the deceased (detailed) 1 copy
7. Family relationship certificate of the deceased (detailed) 1 copy
8. 1 copy of an abridged version of the deceased
※ The family relation documents of the deceased must be issued with documents that have been closed after reporting the death (family relation documents marked as deceased next to the deceased’s name).
※ Family relations documents must be issued so that all resident numbers can be written in detail.
3. Additional documents if the heir is a minor
If the heir is a minor, the parent of the person with parental authority applies on behalf of the heir because he or she does not have a seal.
[Minor Heirs]
1. Basic certificate (detailed) of the applicant, 1 copy each
2. Basic certificate (detailed) of the applicant’s parents, 1 copy each
(Basic certificate of claimant’s father, basic certificate of claimant’s mother)
3. Certificate of family relationship (detailed) of the applicant’s parents, 1 copy each
4. Certificate of seal impression of the parents of the applicant (can be substituted for identity confirmation), 1 copy each (for issuance by the applicant)
(One copy each of the applicant’s father’s seal impression certificate and the claimant’s mother’s seal certificate are required for the number of minor heirs. Two copies each are required for two people)
5. Personal seal of the applicant’s parents
※ The family relation documents of the deceased must be issued with documents that have been closed after reporting the death (family relation documents marked as deceased next to the deceased’s name).
※ Family relations documents must be issued so that all resident numbers can be written in detail.
4. When a direct descendant renounces inheritance, everything is not over.
The heirs are determined in the following order, and the legal spouse of the ancestor, if there is an heir who is a lineal descendant of the ancestor or an heir who is a lineal ascendant of the ancestor, becomes a joint heir together with them, and the heir who is a lineal descendant of the ancestor or a lineal ascendant of the ancestor If there is no child, he becomes the heir alone (Articles 1000 (1) and 1003 (1) of the 「Civil Act」.
Rank Heir Remarks
1 Lineal descendants of the ancestor
(children, grandchildren, etc.) always be the heir
2 Lineal ascendant of the ancestor
(Parents/parents, grandparents, etc.) If there is no lineal descendant, heir
3 If there are no siblings of the ancestor in the 1st or 2nd order, heirs
4 Collateral blood relatives within the 4th degree of the ancestor
(Uncle, aunt, aunt, etc.) If there is no 1st, 2nd, 3rd priority, heir
Even if the questioner and the questioner’s children gave up inheritance, it does not all end, and the next-ranked lineal ascendant becomes the heir. If the lineal ascendant gives up, the siblings of the deceased, who are next in rank, become the heirs.
Please see the heir table below for a better understanding.
In practice, there are cases in which all heirs are recommended to give up inheritance, but in this case, it is recommended when liquidation of the inherited property is impossible because the active property among the inherited properties is very complicated.