When You Should Get Advice
- We want to put the house in our mother's name, but one sibling will not send their certificate of seal impression
- I heard there is a fine if we put off registration, and I am worried
- There is still a loan on my father's house, and I do not know whether to register first or take over the debt first
- Another sibling registered the property in statutory shares without asking me
- The adjudication on division of the estate is over, but I do not know how to register the property
Relevant Laws
Registration of Real Estate Act (부동산등기법) Article 23 (Applicants for registration)
As a rule, the person acquiring the right and the person obliged to register apply together, but registration based on universal succession, such as inheritance, is applied for by the person acquiring the right alone (paragraph 3). Registration based on a judgment can also be applied for by the winning party alone (paragraph 4).
Local Tax Act (지방세법) Article 20 (Reporting and payment)
Acquisition tax on real estate acquired by inheritance must be reported and paid within 6 months from the last day of the month in which the inheritance began, or 9 months if an heir has an address abroad.
Civil Act (민법) Article 1015 (Retroactive effect of division)
Division of the estate takes effect back to the time the inheritance began, but it cannot harm rights acquired by third parties in the meantime.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
First Decide on the Registration Method
There are two main types of inheritance registration (상속등기). One is registration by division agreement, where all the heirs agree on who takes how much. The other is registration by statutory shares, where all the heirs' names are entered in the proportions set by law. Registration by division agreement requires an agreement on division of the estate and certificates of seal impression (인감증명서) from all the heirs, while one heir can apply for registration by statutory shares in all the heirs' names.
Registration by statutory shares is a way to secure the rights for now when there is no agreement, but afterwards, selling the home or taking out a loan again requires the consent of all the co-owners. If you later reach agreement and correct the registration, separate tax issues can arise, so get tax advice in advance.
There Is No Registration Deadline, but There Is an Acquisition Tax Deadline
No provision sets a deadline for inheritance registration, so registering late does not by itself lead to a fine. The Act on Special Measures for the Registration of Real Estate, which sets registration deadlines for contracts such as sales, does not apply to inheritance either.
However, acquisition tax must be reported and paid within 6 months from the last day of the month in which the inheritance began, and a penalty tax is added after that. Also keep in mind that if another heir dies while you wait, both the paperwork and the number of parties increase.
If an Heir Will Not Stamp the Agreement
If even one heir does not stamp the agreement with their registered seal, registration by division agreement is not possible. In that case, apply to the family court for mediation on division of the estate (상속재산분할), and once the mediation or adjudication becomes final, apply for registration in the chosen person's name using the mediation record or written decision.
If an heir cannot be reached, an administrator of an absent person's property (부재자재산관리인) must be appointed first, and if an heir is a minor, a special representative (특별대리인). A person whose renunciation has been accepted is left out of the agreement, and the written decision on the renunciation is attached to the registration application.
Settle a Mortgaged Home Together With the Bank
The deceased's loans pass to the heirs according to their inheritance shares, separately from the home. Even if the siblings agree that the person who takes the home will also take on the whole loan, the other siblings remain liable to the bank unless the bank consents (Civil Act Article 454).
So you need to coordinate with the bank in advance on the order of registration and assumption of the debt. If there is a tenant, the obligation to return the lease deposit is also inherited, so state in the agreement who will bear it.
How We Take You Through to Registration
- 1
Confirming heirs and shares
We confirm every heir through the certificate of removed family register (제적등본) and family relationship documents, and calculate the statutory shares.
- 2
Deciding the registration method
We decide whether to go with division by agreement or to register statutory shares first, looking at taxes and plans for later sale together.
- 3
Drafting the agreement or applying for mediation
If there is agreement, we draft it so the property descriptions match the registry; if not, we apply for mediation on division of the estate.
- 4
Acquisition tax return and registration application
We file the acquisition tax return within the deadline and apply for registration with the agreement or written decision attached. Jisan Law also handles the registration application.
- 5
Settling loans and leases
We decide who will assume the mortgage loan and the obligation to return the tenant's deposit, and notify the bank and the tenant.
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
If we register by statutory shares, do we not need an agreement?
Correct. One heir can apply for registration by statutory shares in all the heirs' names, and the other heirs' certificates of seal impression are not required. However, keep in mind that acquisition tax must be paid on all the heirs' shares, and that selling the home or using it as collateral later requires everyone's consent.
My sibling registered the property in statutory shares, including my share. Is that invalid?
Any heir can register according to statutory shares, so that registration is not invalid in itself. Your share is also in your name, so the actual shares can be decided later in a division agreement or adjudication. However, if your share was left out or the agreement was fabricated, you can claim cancellation of the registration, and we also consider criminal issues.
Can we do the inheritance registration ourselves?
Yes. Heirs can apply at the registry office themselves. However, when there are many heirs, or a mix of heirs by representation, minors and people who renounced, orders to correct are common, so having the list of heirs and the share calculation checked in advance saves time.