Question from a reader:
I have a question about the registration of property ownership transfer due to inheritance. My acquaintance A is Japanese and lives in America with her American husband B and their American child C, but A has a resident record in Japan. If A passes away, will Japanese civil law apply to the inheritance of the property A
owns in Japan? If so, I believe B and C will be joint heirs, but what kind of inheritance certificate is needed to carry out the transfer registration? I don’t think B and C have a family register, and since they also don’t have a resident record, could you tell me what documents could serve as proof of heirs and address verification instead?

Considerations on the Registration of Property Ownership Transfer Due to Inheritance

Hello! Today, I will discuss an important topic regarding the registration of property ownership transfer due to inheritance. I will explain the procedures involved when someone living overseas inherits property in Japan, using specific examples.

Applicable Laws for Inheritance

Now, let’s consider the case of the questioner’s acquaintance, A. A holds Japanese nationality and has a resident record in Japan, but is living in America, which creates a complex situation. In such cases, Japanese civil law generally applies to inheritance. According to Japanese civil law, inheritance is determined based on the nationality of the deceased and the location of their resident record. Therefore, if A passes away, the inheritance process will typically proceed according to Japanese law. Moreover, as heirs, A’s American husband B and their American child C will be joint heirs. This point is very important. Under Japanese civil law, spouses and children are prioritized as heirs, so B and C also have rights as legal heirs.

Required Inheritance Certificates

Next, let’s consider the documents needed to carry out the registration of property ownership transfer due to inheritance. Typically, the following documents are required for inheritance registration: 1. Will (if it exists) 2. Family register (for all heirs) 3. Resident record or address verification document 4. Identification documents for the heirs (e.g., personal identification) In the case of acquaintance A, since B and C do not have a family register, some creativity will be needed. A family register is essential for registering inheritance of Japanese property, but when there are foreign heirs, the following documents can be considered as substitutes.

Documents for Foreign Heirs

1. Certificate of Heirs: This is a document that proves B and C are heirs. It is issued based on the laws of the United States, B’s country of nationality. The specifics can vary by state, but generally, it often involves a state notary or is issued by a family court. 2. Address Verification Document: Documents that prove B and C’s current addresses are necessary. Valid documents include U.S. driver’s licenses, utility bills, or bank statements. This will confirm the identity of the heirs and their addresses. 3. Identification Documents: Documents that can verify the identity of B and C, such as passports or driver’s licenses, are also required. These documents will be submitted for identity verification during the inheritance registration process.

Process for Inheritance Registration

Now, let’s discuss the specific steps involved in carrying out inheritance registration. The actual procedures can be somewhat complex and may have unclear aspects, but they generally proceed as follows: 1. Preparation of Required Documents: First, gather the documents mentioned above. At this stage, it is crucial to ensure that the certificate of heirs and address verification documents are not overlooked. 2. Confirmation of the Will: If A left a will, its contents will affect the inheritance process. If there is a will, the inheritance will proceed as specified. 3. Confirmation of Inheritance Tax: Japan has inheritance tax, so it is also important to check whether a tax declaration is necessary. Particularly if the value of the property is high, tax calculations and declarations may be required. 4. Submission of Registration Application: Once everything is prepared, submit the inheritance registration application to the nearest Legal Affairs Bureau. It is essential to bring all the documents at this time. 5. Confirmation of Registration Completion: Once the registration is complete, a registration completion certificate will be issued by the Legal Affairs Bureau. This will officially confirm that the ownership of the property has been transferred to B and C.

Conclusion

The registration of property ownership transfer due to inheritance can be somewhat complex, especially when crossing national borders, but by gathering the necessary documents and following the correct procedures, it can be carried out smoothly. In cases like acquaintance A’s, it is particularly important to confirm the proof of foreign heirs, but with proper preparation, there is no need for concern. It may seem difficult at first, but understanding the laws and procedures will deepen as you progress step by step. Inheritance is an unavoidable part of life, so be sure to prepare thoroughly. I hope that important properties are reliably passed on to the next generation!