Best Probate Lawyers in Shizuoka

About Probate Law in Shizuoka, Japan

Probate in Japan refers broadly to the legal and administrative steps taken after someone dies to identify heirs, collect and value assets, pay debts and taxes, and distribute the estate. In Shizuoka prefecture the processes follow national Japanese law - primarily the Civil Code and related statutes - but involve local offices such as municipal city and ward offices, the Family Court, the local Legal Affairs Bureau and tax offices. Practical matters you will often handle in Shizuoka include obtaining death and family-register documents, checking for a will, agreeing an inheritance division among heirs, registering transfers of real property at the local Legal Affairs Bureau, and filing any necessary inheritance tax returns.

Why You May Need a Lawyer

A lawyer experienced in inheritance and probate matters can help in many common situations. Examples include when heirs cannot reach an agreement on dividing the estate; when a will is unclear, possibly invalid, or contested; when the estate includes business interests, complex investments or overseas assets; when there are significant outstanding debts; when there are tax planning or inheritance tax issues; when an heir disputes paternity or family-register status; when an executor (遺言執行者) must be appointed or confirmed; or when urgent actions are needed to protect assets. A lawyer can also draft or review wills, represent you in Family Court mediation or litigation, prepare clear inheritance division agreements, and coordinate with tax and registration authorities in Shizuoka.

Local Laws Overview

Key legal elements that affect probate in Shizuoka are set out in national laws but applied through local institutions:

- Civil Code (民法): sets rules on who inherits, legal shares for statutory heirs, how wills work, appointment and powers of executors, and rules for division of inheritance.

- Family Register system (戸籍): establishes legal heirs. Certificates from the deceased person's koseki are essential to prove heirship and are issued by local municipal offices in Shizuoka.

- Wills and will procedures: common types are handwritten holographic wills (自筆証書遺言) and notarized public wills (公正証書遺言). Since 2019 a national will-deposit system at Legal Affairs Bureau offices allows safe storage and reduces the need for family-court inspection of privately held wills.

- Family Court procedures (家庭裁判所): used for will inspection (検認) in some cases, mediation or adjudication when heirs cannot agree on distribution, and for guardianship or appointment matters.

- Registration of real estate and other titles: transfers of land and buildings are made at the local Legal Affairs Bureau (法務局). To sell or mortgage inherited property you generally must register the change of ownership.

- Tax rules: inheritance tax returns must be filed to the tax office within 10 months after death in many cases. Local tax procedures are administered through the National Tax Agency and its Shizuoka-area offices.

Frequently Asked Questions

What steps should I take immediately after someone dies in Shizuoka?

Obtain a medical death certificate, notify the municipal office to register the death and obtain a death certificate and appropriate family-register extracts, locate any will, secure assets (bankbooks, property documents), and inform close relatives. If necessary, contact a funeral home and then consider speaking with a lawyer if you expect disputes, complex assets, or tax issues.

Do I need to go to court to inherit property?

Not always. If all heirs agree on how to divide the estate, they can prepare a written inheritance division agreement (遺産分割協議書) with required documents and use that to transfer bank accounts and register property. If heirs cannot agree, you may need Family Court mediation or a court judgment to resolve distribution.

What happens if there is a will?

If there is a notarized public will made by a notary public it is generally straightforward to follow the testator's instructions. If a private handwritten will is found, you may need family-court inspection (検認) unless the will was deposited at the Legal Affairs Bureau under the will-deposit system. Even with a will, heirs must provide necessary documentation for banks and registration offices and resolve any disputes over validity or interpretation.

How are legal heirs determined in Japan?

Legal heirs are determined under the Civil Code. The primary heirs are usually the spouse and children, followed by parents, siblings and more distant relatives if closer heirs do not exist. Proof of heirship requires copies of the deceased person's family register (戸籍謄本) and related documents to show familial relationships.

What documents do banks and registration offices typically require?

Common documents include the death certificate, family-register extracts showing heirs, identification for each heir, the inheritance division agreement or court decision if applicable, and sometimes a certificate of seal registration (印鑑証明) from each heir. Individual banks and the Legal Affairs Bureau may ask for slightly different paperwork and will often require originals or certified copies.

What is the will-deposit system and how does it affect probate?

The will-deposit system allows testators to deposit certain wills at designated Legal Affairs Bureau offices to be kept securely. A deposited will avoids the need for family-court inspection (検認) after death and reduces the risk of loss or tampering. If a will is found outside the system, holders must follow family-court procedures in many cases.

Do I have to pay inheritance tax, and what is the deadline?

Inheritance tax may apply depending on the estate value and allowances. Generally, an inheritance tax return is due within 10 months from the date of death. Calculate taxable amounts carefully and consider professional tax advice when the estate is near exemption thresholds or includes complex assets such as real estate or business interests.

What if an heir cannot be located or is missing?

If an heir cannot be located, you should document your reasonable efforts to find that person. You can consult a lawyer about starting procedures to protect the estate, which may include deposit of the portion that would belong to the missing heir or applying to Family Court for instructions. Each case differs, so legal advice is important.

What if heirs disagree about dividing the estate?

If heirs cannot reach an agreement, Family Court mediation (調停) is a common next step. If mediation fails, the dispute may proceed to a court decision. Lawyers can represent parties in mediation and litigation, prepare proposed division plans, and advise on the risks and likely outcomes.

Can a foreign national inherit property in Shizuoka?

Yes. Foreign nationals can inherit property and assets in Japan, but practical complications can arise such as foreign law questions, documents in other languages, cross-border bank procedures, and potential double-tax considerations. Engaging a lawyer with experience in international inheritance matters is recommended to coordinate with foreign jurisdictions and tax authorities.

Additional Resources

- Family Court (家庭裁判所): handles will inspection, mediation and inheritance disputes. Contact the Family Court branch that serves the locality where the deceased lived.

- Legal Affairs Bureau (法務局): handles registration of real estate and the will-deposit service. Check the local Legal Affairs Bureau office serving Shizuoka for procedures.

- Municipal city or ward office (市区町村役場): issues death notifications, death certificates and family-register documents necessary to prove heirship.

- Tax Office / National Tax Agency (税務署・国税庁): provides guidance on inheritance tax rules, filing deadlines and procedures in the Shizuoka area.

- Shizuoka Bar Association (静岡県弁護士会) and the Japan Federation of Bar Associations (日本弁護士連合会): can help you find lawyers specializing in inheritance law in Shizuoka.

- Notary Public Offices (公証人役場): for drafting and executing notarized wills and confirming notarial procedures.

Next Steps

1. Collect immediate documents - death certificate, family-register copies, the deceased's ID, bank books, property deeds and any existing will.

2. Notify the municipal office to register the death and obtain official certificates you will need for banks and legal procedures.

3. Make a basic inventory of assets and liabilities - accounts, real estate, securities, debts, pensions and business interests.

4. Contact heirs and try to establish whether there is a will and whether heirs can agree on division. If agreement is possible, prepare a written inheritance division agreement with clear signatures and seal certificates.

5. If there are disputes, unusual assets, foreign elements or significant taxes, consult a lawyer experienced in inheritance law in Shizuoka as soon as possible.

6. If inheritance tax may apply, prepare to calculate and file the inheritance tax return within 10 months from death. Consider consulting a tax professional jointly with your lawyer.

7. For transfer of real estate or other registered rights, prepare the necessary registration documents for the local Legal Affairs Bureau. A lawyer or judicial scrivener (司法書士) can assist with registration procedures.

8. Keep clear records of communications, agreements and financial transactions related to the estate to protect all parties and to simplify any court or tax procedures that may follow.

If you need legal assistance, look for a lawyer or legal professional in Shizuoka with specific experience in inheritance and probate matters - ask about their experience with wills, family-court mediation, inheritance tax issues and property registration to ensure they match your needs.