• Inheritance of Overseas Residents
  • Concepts
What is Inheritance by Overseas Residents?

If the heir resides outside of Korea, regardless of their nationality, immigration status, or any other factors, and the deceased person has assets in Korea, or if the deceased person, who held Korean nationality, has assets overseas, it becomes an inheritance matter.


In such situations, heirs living abroad do not necessarily have to come to Korea to handle the inheritance issues.
They have the option to entrust the matter to a Korean inheritance attorney and resume their normal lives elsewhere.

Renunciation of inheritance / Qualified acceptance

To avoid inheriting the debts left by the deceased, heirs have the option to renounce the inheritance or accept it with qualifications through the court.
However, for heirs residing abroad, there are often challenges in gathering the required documents or going through the certification process.

At The Smart Inheritance, we specialize in assisting overseas residents with Qualified Acceptance and Renunciation of Inheritance.
Drawing upon our experience and expertise, we can guide overseas residents through the process of Qualified Acceptance in the most convenient manner, eliminating the need for them to physically come to Korea. We are here to provide the necessary support and assistance.

Inheritance Litigation

Heirs residing abroad are excluded from the process of dividing inheritance with other heirs living in Korea due to a distance/time relationship, or belatedly learn that the inheritee had donated all of the inherited property before death. When a problem occurs, it is often difficult to respond immediately.

If you do not respond in a timely manner even after knowing that an inheritance problem has occurred, it is important to respond appropriately because the statute of limitations on claims has expired or a major change in circumstances, inherited property taken from you may not be returned forever due to a major change in circumstances.

Inheritance Tax / Inheritance Registration

In the case of inheritance tax, there are many different parts from general inheritance tax, if there is an overseas resident among the heirs, or especially if the deceased is a non-resident.
In other words, if the deceased is a non-resident, the deduction system is applied differently, and if all the heirs are abroad, it is difficult to prepare essential documents such as financial transaction details of the deceased.

The same goes for inheritance registration. When registering inherited real estate, it is a substantive and procedurally difficult task, unlike general registration, as it requires certification procedures such as preparation of documents in the country of residence abroad, notarization, and preparation of additional documents suitable for each situation.

Transfer inherited property abroad

When an overseas heir wishes to transfer inherited property in Korea, it is important to note that the preparation documents and transfer procedures may vary depending on the type of property involved.
Therefore, it is crucial to accurately identify each property type and follow the appropriate transfer procedures

Specifically, if an heir residing abroad intends to convert the inherited property into cash and transfer it abroad, it is necessary to report the property's exportation and obtain approval from the tax office. The transfer can be approved only after the necessary tax processing has been completed.
To ensure a smooth and compliant transfer of inherited property, it is advisable for overseas heirs to seek guidance and assistance from professionals familiar with the specific procedures and requirements involved.
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Types of Inheritance Problems for Overseas Residents

  • 1. In the event that the division of inherited property is negotiated only between the brothers in Korea, but only the brothers living abroad are notified of the result of the agreement.

    ➥ Judgment on the Division of Inherited Property



  • 2. When it is impossible to negotiate between all co-heirs residing in Korea or abroad because certain children claim a contribution or claim a larger share of inheritance

    ➥ Judgment on the Division of Inherited Property, Litigation for Judgement Determination of Contribution



  • 3. When brothers living in Korea and abroad have lost contact for a long time, or when they are not emotionally close.

    ➥ Potential for Judgment on the Division of Inherited Property



  • 4. In the event that the ancestor donated most of his/her property to a specific child during his/her lifetime and left no other inherited property, but the overseas heir found out about the gift belatedly.

    ➥ Request for Return of Legal Reserve of Inheritance



  • 5. If it is confirmed after death that the ancestor has left a certain amount of property, but Where it is confirmed after death that he/she left a will to give property to only a specific heir.

    ➥ Request for Return of Legal Reserve of Inheritance



  • 6. In case the deceased has left a lot of debt behind

    ➥ Inheritance Renunciation / Qualified Acceptance



  • 7. In the case of inheriting the real estate left in Korea by the deceased including heirs residing abroad

    ➥ Inheritance Registration / Inheritance Tax



  • 8. If you are looking for a secure way to transfer inherited property overseas.

    ➥ Transfer Inherited Property Abroad service



  • 9. If the deceased is a foreign national and dies leaving property in Korea

    ➥ Procedure of Inheritance in Korea / Inheritance Tax / Transfer Inherited Property Abroad service



  • 10. In case a deceased Korean citizen dies leaving property abroad

    ➥ Transfer Inherited Property / Inheritance Tax / Probate, etc.

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Since you live abroad,
Do you need to deal with the inheritance of property left in Korea?
Mastering the correct work procedures by country of residence!
Reliable agency such as document writing, preparation, and certification
All inheritance work is possible without entering Korea
Inheritance of Overseas Residents All at Once Service!
All inheritance procedures, such as inheritance inquiry, debt inheritance settlement, inheritance lawsuit, registration, tax, and overseas export, are resolved at once.
Consultation in English with an attorney who has experience working for a U.S. company
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