Renunciation of Inheritance and Qualified Acceptance
AKIRA YAMAMOTO.AKIRAWhen an inheritance dynamic begins, an heir must choose one of the following three options:
- Unconditional Acceptance (Simple Acceptance)
The heir inherits all rights (such as land ownership) and obligations (such as debts) of the decedent (the deceased person). - Renunciation of Inheritance (Disclaimer of Inheritance)
The heir inherits none of the rights or obligations of the decedent. - Qualified Acceptance (Limited Acceptance)
When the exact amount of the decedent's debt is unknown but there is a possibility that some assets may remain, the heir inherits the decedent's obligations only up to the value of the assets acquired through the inheritance.
| Renunciation of Inheritance | Qualified Acceptance | |
| Petitioner | An Heir (If the heir is a minor or an adult ward, their legal representative will file on their behalf.) ※A special representative must be appointed for a minor if: 1) Both the minor and their legal representative are co-heirs, and only the minor is filing (unless the representative has already filed). 2) A legal representative represents only some of multiple minors. | All Heirs Jointly (All heirs must act together and file jointly.) |
| Filing Period | Within 3 months from the time the heir becomes aware that the inheritance has commenced for themselves. | Within 3 months from the time the heir becomes aware that the inheritance has commenced for themselves. |
| Where to File | The Family Court with jurisdiction over the last place of residence of the decedent. | The Family Court with jurisdiction over the last place of residence of the decedent. |
| Fees | ・Revenue stamps worth 800 yen (per petitioner) ・Postage stamps for communication | ・Revenue stamps worth 800 yen ・Postage stamps for communication |
| Required Documents | ・Written statement of Renunciation of Inheritance ・Removed Resident Record (Juminhyo Johyo) or Tag of the Family Register (Koseki Fuhyo) of the decedent ・Certified copy of the Family Register (Koseki Tohbon) of the petitioner ・Other documents depending on the status of the heir | ・Written statement of Qualified Acceptance ・All certified copies of the Family Register (including Removed and Revised Registers) of the decedent from birth to death ・Removed Resident Record (Juminhyo Johyo) or Tag of the Family Register (Koseki Fuhyo) of the decedent ・Certified copies of the Family Register of all heirs ・If any child (or their lineal descendant) of the decedent is deceased, all certified copies of their Family Register from birth to death ・Other documents depending on the status of the heir |
Once you renounce an inheritance, you are legally considered to have never been an heir from the very beginning. Consequently, inheritance by substantiation (generation-skipping inheritance to children or grandchildren) will not occur.
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