Renouncing an inheritance in Japan
The 3-month deadline, the family court, and what not to do
If the person who died had more debts than assets, an heir can renounce the inheritance (相続放棄, sozoku hoki) at the family court. You are then treated as never having been an heir, and you inherit neither the assets nor the debts. This page explains the deadline, how to file, and what you must not do before you decide.
Checked against the Courts in Japan, the Ministry of Justice, and the Civil Code in October 2026
Key points
- File within 3 months of learning that you are an heir, at the family court for the deceased's last address
- Cost: a 800-yen revenue stamp per person, postage stamps, and certificates
- Using or disposing of the estate before you decide can make renunciation impossible
This site is mainly in Japanese. English pages: When a family member dies in Japan ・ Heirs living outside Japan ・ Japanese inheritance tax for foreign nationals ・ Survivors' pension ・ Registering inherited real estate ・ Bank accounts after a death ・ Funeral and cremation costs ・ Renouncing an inheritance. Easy Japanese: やさしい日本語
Other languages: Tiếng Việt ・ 简体中文
When this applies
- Renunciation is a procedure under Japanese law. It applies when Japanese law governs the inheritance, for example when the person who died was a Japanese national
- When the person who died was a foreign national, the law of their country decides inheritance in principle; Japanese law may apply if that law refers back to it, for example for real estate in Japan (which law applies)
- You cannot renounce only part of the estate. Each heir decides individually
The 3-month deadline
You must file within 3 months from when you learned that you became an heir (Civil Code, Article 915). If you cannot finish checking the assets and debts in time, ask the same family court, before the deadline, to extend the period. The fee is a 800-yen revenue stamp per heir plus postage stamps (Courts in Japan, in Japanese).
To find loans and card debts, heirs can request disclosure from the three credit bureaus: CIC (credit cards), JICC (consumer finance), and the Japanese Bankers Association's credit information center (banks). Debts to individuals and guarantees do not appear there, so also check mail and bank statements.
How to file
- Where: the family court for the deceased's last address
- Form: the application for renunciation (相続放棄の申述書), from the courts' website (form and examples, in Japanese). Our Japanese page shows how to fill it in
- Documents: the deceased's certificate of removal from the resident register (or family register attachment), the applicant's family register, and the deceased's family register showing the death. Parents, grandparents, siblings, nephews, and nieces also need the deceased's family registers from birth to death, to show that there are no heirs ahead of them
- Fees: a 800-yen revenue stamp per person, postage stamps (the amount differs by court), and the fees for the family registers
After you file, the court may send you questions in writing. Answer them. When the renunciation is accepted, you receive a notice of acceptance, usually about a month after filing. If creditors contact you, you can ask the court for a certificate of acceptance (150 yen) and show it (Courts in Japan, in Japanese). If you live outside Japan, ask the family court in advance how to submit the documents and receive its letters, and what to use if you have no Japanese family register (heirs living outside Japan).
What not to do before you decide
If you dispose of any part of the estate, you are treated as having accepted the inheritance (Civil Code, Article 921), and you can no longer renounce. For example:
- Withdrawing the deceased's deposits and using them for yourself
- Selling, throwing away, or giving away the deceased's car, furniture, or real estate (including clearing out a rented apartment)
- Paying the deceased's debts from the deceased's money
- Taking part in the estate division and receiving assets
Acts that preserve the value of the estate are allowed. Whether paying funeral costs from the deceased's money counts as disposal is not settled in law, so ask a lawyer before paying if you may renounce.
After you renounce
- The next heirs inherit: if all children renounce, the parents (or grandparents) become heirs, then the siblings (or nephews and nieces). Their 3 months start when they learn that they became heirs. The spouse is always an heir
- You cannot take it back: even if more assets are found later, the renunciation cannot be withdrawn (Civil Code, Article 919), except in cases such as fraud or threats
- Property you hold: property you actually possess, such as the house you live in, must be kept with care until you hand it over to the next heir (since April 2023, Civil Code, Article 940)
- Guarantees: if a family member is a guarantor of the deceased's loan, renouncing does not end the guarantor's own obligation
Where to get help
- The family court's procedure desk explains how to fill in the forms (in Japanese). Whether you should renounce is a decision to discuss with a lawyer or a judicial scrivener
- Houterasu (Japan Legal Support Center) multilingual information service: 0570-078377, weekdays 9:00 to 17:00
FAQ
More than 3 months have passed. Is it too late?
In principle, yes. But if you believed there was no estate at all and had good reason to believe so, the court may accept a renunciation filed within 3 months of learning of the debt. You will be asked for documents showing when you learned of it, such as a letter from the creditor. Consult a lawyer quickly (Courts in Japan Q&A, in Japanese).
Can I still receive life insurance if I renounce?
Yes. Life insurance with you named as the beneficiary is your own money, not part of the estate. But the inheritance tax exemption for life insurance (5 million yen × the number of statutory heirs) does not apply to an heir who renounced.
Can I renounce only the debts and keep the house?
No. Renunciation covers everything: assets and debts. To pay debts only up to the value of the estate, all heirs together can file for a qualified acceptance (限定承認) at the family court, but it requires public notices and settling the estate.
Does the family court tell the next heirs?
No. The law has no procedure for informing them. If you renounce because of debts, tell the next heirs yourself so they can decide within their own 3 months. Anyone concerned can ask the family court whether a renunciation was accepted, free of charge.
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