2-2　What happens if there is no will? 

 If a person dies without a will, the law decides who inherits and in what proportion. (Civil Code Article900)

 The basic division system for Japanese inheritances

1.   If a person dies: 1/2 of their estate goes to the spouse* and 1/2 is shared by the children**                                                            *A partner who was not married with the deceased has no automatic right to inherit.                                                              **This include legally adopted children.                                                                                                                                                            If any of the children died before the deceased, their children(grandchildren of the deceased) will inherit in their place.　　　　
2.   If the married couple have no children, the spouse gets 2/3 of the estate, and 1/3 goes to  the deceased’s parents. *       *This include legally adoptive parents.　　　　　
3. If the deceased has no children or parents, the surviving spouse gets 3/4 of the estate, and 1/4 is shared by the deceased's siblings. *                                                                                                                                                                                                           *If any of the siblings died before the deceased, their children(nieces or nephews of the deceased) will inherit in their place.
4. In cases where there are no children, parents, or siblings, the spouse gets all.
5. If only children remain, they share the estate among themselves.
6. If only siblings remain, they would share the estate among themselves.
7. If the deceased was single with no relatives, their asset will go to the Japanese government.

How is the estate distributed?

 All heirs must sign an agreement that specifies the division of the estate among them.

 If the coheirs cannot reach an agreement on the division of the estate, any of them may apply to the family court for the partition of the inherited property.(Article907(2)) 

In the family court, both parties submit documentation and make their cases in an effort to reach an agreement. If they are still unable to come to an agreement, the case will move to a judge who will make a ruling regarding the division of the estate.

How do I inherit funds in a deceased person's bank account?

When banks are notified of an account holder's death, they freeze the accounts, preventing family members from accessing the funds.

However, each heir is entitled to a refund independently by applying to the bank for the inherited funds calculated according to the following formula for each account.  (Article 909-2)

 Refundable: Balance of funds at the start of inheritance ×1/3 × statutory share of heirs 

 The maximum refund from the same financial institution is JPY 1.5 million.

                                                                                                                                                                              Last updated November 19, 2024