The three months for renouncing an inheritance do not run from the date of death

Ask about the deadline for renouncing an inheritance and most people say three months from the date of death. That is not wrong, but it is not precise either. Article 1019(1) of the Civil Act sets the starting point as ‘the day one learned that the inheritance had commenced’, and courts read this as the day one learned both that the deceased had died and that one had thereby become an heir.

A child at the deathbed and a child who heard the news late

For a child who was at their parent's side when they died, the date of death and the day they learned are the same, so you count from that day. On the other hand, for a child who received news by post several months later that a father they had long been out of touch with had died, the day they heard the news can be the starting point. However, courts usually assume you knew on the date of death, so the person filing must show the circumstances of learning late. Do not throw away the text message or the registered mail envelope through which you were informed.

From when do lower-ranking heirs count?

Sometimes all the children renounce and grandchildren or siblings become the heirs. In that case, Supreme Court case law holds that the three months for a lower-ranking heir run from the day they learned that the higher-ranking heirs had renounced and that they had become an heir as a result. Writing down the day you heard your older brother had renounced, or the day you first received a demand from a creditor, gives you a basis if the starting point is disputed later.

When it goes down to the fourth rank, cousins who had little contact with the deceased can become heirs. They are not eligible to apply for the Safe Inheritance One-Stop Service (안심상속 원스톱서비스), so they must check the assets and debts separately through the Financial Supervisory Service's inquiry into heirs' financial transactions. It takes time for the results to come back, so it is a good idea to consider requesting an extension of the period at the same time.

Learning of the debts late is a different matter

Some people think that if they knew of the death and that they had become an heir but did not know there were debts, the three months start again from when they found out. That is not so. The original three months have already run, and if you did not know, without gross negligence, that the debts exceeded the assets, you must turn to special qualified acceptance (특별한정승인), made within three months of learning that fact (paragraph (3) of the same Article). On this route, renunciation is not available; only qualified acceptance is possible.

• If it is hard to decide because the asset inquiries are not finished, you can request an extension of the period from the family court before the three months pass.
• It is enough for the filing to be received within the three months; the court's decision accepting it does not have to come out within that time.
• If an heir is a minor, the period is counted from the day the person with parental authority or the guardian learned that the inheritance had commenced (Article 1020 of the Civil Act).

Calculating the final day is also more confusing than you might think. The Civil Act does not count the first day of a period and starts from the next day (Article 157), and a period in months is reckoned by the calendar and ends on the day before the day in the last month corresponding to the starting day (Article 160). If you learned on March 10, June 10 is the last day, and if that day is a Saturday or public holiday, it is extended to the next day (Article 161). Even so, we do not recommend filing on the last day, because it is common for one document to be missing and need to be obtained again.

A single date can decide the outcome. If the starting point is unclear, it is safer to take the earliest possible date as your reference and act on it.