Judicial Scrivener Nakajima International Legal Office, located in Takatsuki City, Osaka, provides consultations and services for inheritance registration of real estate in Japan.
When a family member passes away and inheritance occurs, real estate (land/buildings) registered in the name of the decedent (the deceased person) must be transferred to the heir(s).
Inheritance registration is the official process of changing the property title. Since ownership is transferred to the heir(s), this is formally known as a “registration of transfer of ownership (due to inheritance).”
If there are multiple heirs to the property, it is, in principle, jointly owned according to the statutory inheritance shares defined in the Civil Code. However, it is common for heirs to make an estate division agreement, allowing a specific heir to inherit the property.
Previously, inheritance registration was not mandatory. However, due to recent amendments to the Real Property Registration Act, it became a legal requirement as of April 1, 2024.
Article 76-2, paragraph (1) of the Real Property Registration Act
If an inheritance with regard to a registered holder of ownership has commenced, a person who has acquired ownership by reason of the inheritance must file an application for a registration of transfer of ownership, within three years from the day on which the person comes to know that an inheritance for the person has commenced and that the person has acquired the ownership. The same applies to a person who has acquired ownership by reason of bequest (limited to bequest to an heir).
As stipulated above, heirs must apply for inheritance registration within three years of becoming aware that they have inherited the property and acquired ownership.
Furthermore, failing to apply for inheritance registration without a justifiable reason can result in a civil fine of up to 100,000 yen (Real Property Registration Act, Article 164).
As mentioned, inheritance registration became mandatory on April 1, 2024. However, this obligation also applies to properties inherited before this date if they have not yet been registered.
This amendment to the Real Property Registration Act aims to resolve issues of property with unknown owners, a problem often caused by inheritance registrations not being completed for many years. In any case, to avoid future complications with the inheritance, it is advisable to complete the registration process as soon as possible after inheritance begins.
Only judicial scriveners or attorneys-at-law are professionally authorized to handle inheritance registrations. With their comprehensive understanding of the Civil Code and the Real Property Registration Act – both vital for this process – judicial scriveners are genuine experts in inheritance registration.
Our office can manage all procedures required for inheritance registration. This includes initial consultations, collecting family registers (koseki) and other documents to identify heirs, preparing estate division agreements, drafting affidavits, and filing the registration application with the Legal Affairs Bureau.
We also provide services in English, so foreign nationals and clients who are not confident in Japanese can use our services with peace of mind.
Initial consultations are free of charge. If you are experiencing any difficulties with inheritance registration for real estate in Japan, please feel free to contact us.
Inheritance Registration Fees
| Registration and License Tax | 0.4% of the property’s value (fixed asset tax valuation) (Example: If the property value is 10 million yen, the registration and license tax will be 40,000 yen.) |
|---|---|
| Judicial Scrivener Fees | Vary depending on the nationality and residency of the parties involved. Please inquire for details. |
* We will provide you with a detailed cost estimate before commencing work.