When You Should Get Advice
- My mother's bank account was almost empty just before she died
- After our father died, my brother withdrew money using his card and PIN
- Without my knowledge, the inheritance was registered in another sibling's name
- I think someone secretly used my registered seal to make a division agreement
- A parent who left when I was young is demanding my late sibling's death insurance money and estate
- Nobody knows where the deceased's assets are or how much there is
Relevant Laws
Civil Act (민법) Article 999 (Right to claim recovery of inheritance)
If inheritance rights are infringed by a person falsely claiming to be an heir, the rightful heir can file a lawsuit to recover the inheritance. This right expires 3 years after learning of the infringement, or 10 years after the infringing act.
Civil Act Article 1004 (Grounds for disqualification of heirs)
A person who intentionally killed or attempted to kill the deceased or certain others, who prevented a will or caused one to be made by fraud or duress, or who forged, altered, destroyed or hid a will cannot be an heir.
Civil Act Article 1004-2 (Declaration of loss of inheritance rights)
For an heir who seriously breached the duty of support, committed a serious crime or treated the deceased in a grossly unjust way, the executor (if the deceased expressed this wish in a notarized will) or, if there is no will, the co-heirs may ask the family court to declare loss of inheritance rights within 6 months from the day they learned that person became an heir. Since the amendment of March 17, 2026, this applies to all heirs, not only lineal ascendants.
Criminal Act (형법) Article 328 (Crimes between relatives and complaints)
Under the amendment of December 31, 2025, embezzlement, fraud and similar crimes between relatives are no longer exempt from punishment but can be prosecuted only upon a complaint, and this applies to offenses committed on or after June 27, 2024. The complaint must be filed within 6 months from the day you learned who the offender was (Criminal Procedure Act (형사소송법) Article 230).
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Ways to Find Assets
Safe Inheritance One-Stop Service
- What you can find out
- Financial transactions, land and buildings, vehicles, national and local taxes, pension memberships
- How to apply
- When reporting the death, or within 1 year from the last day of the month of death. Government24 or a community service center
Heir's financial transaction inquiry
- What you can find out
- Whether there are accounts such as deposits, loans or surety obligations at banks, insurers and securities firms
- How to apply
- Apply at the Financial Supervisory Service, a bank, a post office or similar. Also available to fourth-rank heirs, who cannot use the Safe Inheritance service
Transaction records from financial institutions
- What you can find out
- Deposits and withdrawals for individual accounts
- How to apply
- Apply to the financial institution as an heir
Court procedures
- What you can find out
- Money moved into other heirs' names; where withdrawals during the deceased's lifetime went
- How to apply
- Orders to submit financial transaction information and fact-finding inquiries during a lawsuit
| Method | What you can find out | How to apply |
|---|---|---|
| Safe Inheritance One-Stop Service | Financial transactions, land and buildings, vehicles, national and local taxes, pension memberships | When reporting the death, or within 1 year from the last day of the month of death. Government24 or a community service center |
| Heir's financial transaction inquiry | Whether there are accounts such as deposits, loans or surety obligations at banks, insurers and securities firms | Apply at the Financial Supervisory Service, a bank, a post office or similar. Also available to fourth-rank heirs, who cannot use the Safe Inheritance service |
| Transaction records from financial institutions | Deposits and withdrawals for individual accounts | Apply to the financial institution as an heir |
| Court procedures | Money moved into other heirs' names; where withdrawals during the deceased's lifetime went | Orders to submit financial transaction information and fact-finding inquiries during a lawsuit |
Based on Government24 and Financial Supervisory Service guidance (October 2026). Processing times differ by agency, so national taxes, financial accounts and pensions may take around 20 days, and financial search results can be viewed on the Financial Supervisory Service website for 3 months from the application date.
The Asset Search Starts When You Report the Death
Apply for the Safe Inheritance One-Stop Service (안심상속 원스톱서비스, a government service that searches a deceased person's assets and debts in one application) at the community service center (주민센터, your local district office) when you report the death, or through Government24 (the government's online portal). You can apply within 1 year from the last day of the month of death, and heirs of the first to third rank, heirs by representation and some others are eligible. However, online applications through Government24 are open only to first- and second-rank heirs, so siblings and heirs by representation must visit a community service center. Some results, such as vehicles, come right away, but each agency reports financial and tax results separately by text message, so print the details from each agency's site as soon as you receive the messages. Financial search results can be viewed on the Financial Supervisory Service (금융감독원) website only for 3 months from the application date.
The search results often show only that an account exists and its approximate balance. You must apply separately, as an heir, to each financial institution for deposit and withdrawal records from before and after the death, and where money went into another sibling's account is confirmed through the court after filing a lawsuit.
Separate Withdrawals Made Before the Death From Those Made After
Money taken out before the death still belonged to your parent, so the issues are whether your parent allowed it and what it was used for. If it is confirmed that the money went to hospital or living costs, it is hard to challenge. If it was moved to a sibling's account and used, it is treated as a gift and included in the calculation of special benefits or the forced heirship share, or, if it was taken without permission, you claim its return.
Money taken out after the death already belonged to all the heirs jointly. If one person withdrew and spent other heirs' shares as well, you can claim return of unjust enrichment or damages, and it may also amount to criminal embezzlement or computer-related fraud. For offenses on or after June 27, 2024, the offender can be punished on a complaint even within the family, but there is a 6-month complaint period from the day you learned who the offender was.
Claims to Recover an Inheritance Have Strict Time Limits
Typical cases for a claim to recover an inheritance (상속회복청구) are where someone who is not an heir acts as an heir and takes the property, or where one co-heir shuts out the others and registers the property in their sole name. Under case law, a co-heir can also be a false heir for the part that exceeds their own share.
This claim cannot be made once 3 years have passed from the day you learned of the infringement, or 10 years from the infringing act. However, where a person who became an heir through acknowledgment or a court judgment after the inheritance began claims the value of an already divided estate (Civil Act Article 1014), the Constitutional Court ruled the 10-years-from-infringement limit unconstitutional on June 27, 2024 (2021헌마1588), so only the 3 years from learning apply. A claim to cancel a registration made with a forged division agreement may also be treated as a claim to recover an inheritance and be subject to these limits, so record the date you checked the registry and act immediately. If the other side is trying to sell the real estate, first apply for a provisional injunction prohibiting disposal.
When the Right to Be an Heir Itself Is Disputed
A person who falls under Civil Act Article 1004, such as someone who forged or hid a will or harmed a parent, automatically cannot be an heir, without any court ruling. By contrast, a person who seriously failed in the duty of support or treated the deceased in a grossly unjust way loses inheritance rights only when the family court's declaration of loss of inheritance rights (상속권 상실 선고) becomes final.
Since the amendment of March 17, 2026, the declaration of loss of inheritance rights has been extended from parents to all heirs, including children and spouses. Co-heirs must file within 6 months from the day they learned that person became an heir, and the court decides by looking at the circumstances and seriousness, the relationship and how the property was built up. A long break in contact alone is not enough; you must show with documents, for example, that the person never paid child support or abandoned the deceased during a long illness.
How Our Family Law Center Handles Your Case
- 1
Mapping the estate
We gather the Safe Inheritance search results, registry records and transaction records and put the assets, debts and missing money on a single page.
- 2
Analyzing withdrawals
We split transactions at the date of death and separate those with a confirmed use, such as hospital costs, from those that need explaining.
- 3
Preservation measures
We first freeze real estate or deposits at risk of being disposed of, through provisional injunctions and provisional attachments.
- 4
Choosing the right claim
We compare division of the estate, a forced heirship share claim, a claim to recover an inheritance and return of unjust enrichment in terms of time limits and burden of proof, and choose the claim that fits.
- 5
Considering criminal proceedings
Where there is also a criminal issue, such as a forged division agreement or unauthorized withdrawals after the death, we decide whether and when to file a complaint in step with the civil proceedings.
Lawyers handling these cases

Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
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Frequently asked questions
Can I search my cousin's assets through the Safe Inheritance service if I am a fourth-rank heir?
Collateral blood relatives of the fourth rank are not eligible for the Safe Inheritance One-Stop Service. In that case, you must apply separately to each agency's service, such as the Financial Supervisory Service's inquiry into an heir's financial transactions.
My brother managed our mother's bank account while she was alive and spent her money. Can we get it back?
If he used it for personal purposes without our mother's consent, the claim she had against him for its return is inherited, and each heir can claim their share. If our mother allowed it, the argument is that it was a gift to be counted as a special benefit or in the forced heirship share calculation. Either way, the first step is to organize the timing and use of the withdrawals from the transaction records.
If someone is declared to have lost their inheritance rights, do their children inherit in their place?
Yes. The Civil Act amended on March 17, 2026 provides that the lineal descendants of a person who cannot be an heir because of a declaration of loss of inheritance rights inherit in that person's place (inheritance by representation, 대습상속, Article 1001). However, that person's spouse does not inherit by representation. The same amendment also bars the spouse of a disqualified heir from inheriting by representation (Article 1003(2)).
The tax office has asked me to explain withdrawals made before the death.
If, for each type of property, KRW 200 million or more was withdrawn within 1 year before the inheritance began, or KRW 500 million or more within 2 years, and its use is unclear, it is presumed to have been inherited and is added to the taxable value for inheritance tax (Inheritance Tax and Gift Tax Act (상속세 및 증여세법) Article 15). A tax accountant who cooperates with Jisan Law handles the tax explanation, and if the money turns out to have gone to a sibling, it also affects the division of the estate or the forced heirship share, so it is wise to deal with both together.