Who inherits without a will in South Korea?

The spouse and the children inherit shares together

In South Korea the spouse inherits one and a half times a child's share alongside the children or the parents.

Updated October 2026. Spotted a mistake? Tell us.

The default, not your case. This page describes what applies when there is no valid will. Succession law is reformed often, a will changes everything, and the rules for an estate with a foreign element are complex. This is general information, not legal advice.

A spouse and children survive

The spouse inherits together with the children, and the spouse's share is one and a half times that of each child.

A spouse survives, but no children

With no children, the spouse inherits together with the parents or higher ancestors, again at one and a half times each share. With neither, the spouse takes everything.

No spouse: who comes next

Children first; then the parents or higher ancestors; then the siblings; then relatives up to the fourth degree. If none, the estate goes to the state.

A partner who is not married

An unmarried partner has no right to inherit without a will.

What a will cannot take away

The children and the spouse have a reserved share of half of the legal share; the parents and siblings, a third.

If the person or the property is abroad

Korea applies the law of the person's nationality to the estate.

Understand the legal system first

South Korea belongs to the Civil law family. Succession law grows out of the legal tradition, so it helps to know how the system works.

Read the South Korea legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in South Korea? →

Official sources

Korea Legislation Research Institute: Civil Act

TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.