
Legal Q&A
Q
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A while ago, my father passed away leaving many debts. In the process of settling the assets and debts, I learned about the methods of qualified acceptance of inheritance and renunciation of inheritance, and I am wondering what the difference between these two methods is. I would like to know in detail about the characteristics of qualified acceptance of inheritance and renunciation of inheritance and the points to consider when choosing between them.
Renunciation of inheritance
Qualified acceptance of inheritance
Answer
Published:
Author : Kuk Il KIM
In qualified acceptance of inheritance, the heir succeeds to the deceased's debts, but that liability is limited to the extent of the inherited property.
In other words, you are responsible for the debts only up to the amount of the inherited property and do not bear anything beyond that.
In this way, if you make a qualified acceptance, you bear responsibility only within the scope of the inherited property, so you repay only part of the debt and do not inherit the rest.
On the other hand, renunciation of inheritance is submitting to the court the intention not to inherit any of the deceased's assets or debts.
If you renounce the inheritance, the heir is treated as never having been an heir from the outset and does not succeed to any of the deceased's debts.
In other words, a person who has renounced the inheritance does not inherit any of the deceased's assets or debts and can avoid the debts.
However, if the first heir renounces the inheritance, the debts pass to the second heir, so all heirs must renounce the inheritance in order to be completely relieved of the debts.
Both renunciation of inheritance and qualified acceptance of inheritance must be reported to the family court within three months from the date on which one becomes aware of the commencement of the inheritance.
If the debts exceed the assets to be inherited, we recommend renunciation of inheritance; otherwise, we recommend qualified acceptance.
We recommend that you confirm the details through a consultation with an attorney.

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