When the decedent passes away
STEP
01
Notification of Death and Funeral Arrangements
- After a doctor confirms the death, you'll receive a death certificate, then contact a funeral home to make funeral arrangements.
STEP
02
Submission of Death Notification
- Within 7 days of death, you must submit a death notification (which requires attaching the death certificate or a post-mortem examination report). This needs to be done at the deceased's permanent domicile or the notifier's current address.
- At the same time, you'll also apply for the cremation permit.
STEP
03
Confirmation of Will Existence
- You'll need to confirm whether the decedent left behind a will.
- Note that if the will is neither a Will Information Certificate, which is issued when using the Self-written Will Custody System, nor a notarized will, it must be probated by the family court.
Investigation and Confirmation of Inherited Assets and Heirs
STEP
01
Investigation of Inherited Assets
This involves investigating assets like deposits, stocks, real estate, vehicles, antiques, and movable property (such as household goods) by making inquiries with financial institutions and securities companies, and obtaining real estate registration certificates.
Additionally, debts, unpaid taxes, and medical expenses are investigated based on loan agreements, demand letters, and notifications from financial institutions.
STEP
02
Identification of Heirs
To identify the legal heirs, you'll need to obtain all family registers (koseki tohon) of the decedent from their birth until death.
Creating a diagram of the family relationship will help streamline subsequent procedures.
Preparation of the Inheritance Division Agreement and Inheritance Procedures
STEP
01
Consideration of Inheritance Renunciation or limited inheritance
- If there are substantial liabilities (negative assets), you might consider inheritance renunciation or limited inheritance.
- As a general rule, these procedures must be declared to the Family Court within 3 months from the date you learn that you have become an heir.
STEP
02
Estate Division Talks
- If there's no will, all heirs will discuss and decide which inherited assets each person will receive and in what proportion.
- If an agreement can't be reached through discussion, it's possible to file a petition for estate division mediation or adjudication with the Family Court.
STEP
03
Preparation of the Inheritance Division Agreement
- The details agreed upon during the estate division talks are documented.
- All heirs must sign and affix their registered seal (jitsuin), and a certificate of seal impression (inkan shomeisho) must be attached.
- This document will be necessary for subsequent inheritance procedures.
STEP
04
Transfer of Title and Conversion of Inherited Assets
- Deposits：Procedures for changing the account name or closing the account are carried out at financial institutions. You'll need the Inheritance Division Agreement, certificates of seal impression for all heirs, the decedent's removed family register (joseki tohon), and other documents.
- Real Estate：Inheritance registration (registration of ownership transfer) is performed at the Legal Affairs Bureau. This requires the Inheritance Division Agreement, certificates of seal impression for all heirs, the decedent's family registers from birth to death, the heirs' family registers, residency certificates (juminhyo), and other documents.
- Stocks：Name change procedures are conducted at securities companies.
- Vehicles：Name change procedures are performed at the Land Transportation Bureau.
STEP
05
Inheritance Tax Declaration and Payment
- If the inherited assets exceed the basic exemption amount, it's necessary to declare and pay inheritance tax.
- This declaration and payment must be submitted to the tax office with jurisdiction over the decedent's address within 10 months from the day after you become aware of the inheritance.
VIZA Yamamoto Office
Certified Administrative Procedures Legal Specialists
108-A, 1st Floor, Chiba Port Town, 1-50 Toiya-cho, Chuo-ku, Chiba City, Chiba Prefecture, 260-0025, Japan
E-mail：info@gyousei-y.com
Phone number：+81 43 243 5090
Business hours：9:00～17:00（Except weekends and holidays）
We are available on weekday evenings and weekends with prior reservation.
We accept emails 24 hours a day, so if you are in a hurry, please contact us by email.