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2026.08.24Inheritance

When a Chinese-speaking heir inherits a vacant house in Japan — what a real estate agent can do first

浦松 丈二

浦松 丈二

代表取締役・宅地建物取引士(四葉不動産株式会社)

Profile (samurai.co.jp) ↗

When a Chinese-speaking heir inherits a vacant house in Japan, a real estate agent can do four things right after the death — inspect the site, value it, maintain it, and prepare the sale. You do not have to be in Japan. These can proceed in parallel with the inheritance registration and the division of the estate. A licensed real estate agent and administrative scrivener in Bunkyo, Tokyo sets out the scope from the primary sources.

In short: when a Chinese-speaking heir inherits a vacant house in Japan, a real estate agent can, right after the death, do four things — inspect the site, value it, maintain it, and prepare the sale. Even from abroad, we can visit the site and produce photographs and a valuation. These can proceed before the inheritance registration (a judicial scrivener) and the division of the estate are settled. But the sale contract and the transfer of ownership require the inheritance registration to be complete and all heirs to agree.

A family member dies leaving real estate in Japan. For an heir in Taiwan, mainland China or Hong Kong, or a professional handling such an estate, the first wall is "I cannot go to Japan." This article is for Chinese-speaking professionals and heirs dealing with inherited Japanese real estate: what a Japanese real estate agent can do right after the death, and what should instead be left to other professionals. Registration, tax, disputes and the certification of signatures are each a different professional's domain.

Can the state of the property be confirmed without being in Japan?

Yes — and this is the first thing to advance after the death.

On the heir's instruction, a real estate agent can visit the site, record the exterior, interior, frontage and boundary in photographs and a report, and produce a valuation. The heir need not come to Japan. A vacant house left alone deteriorates — leaks, termites, illegal dumping, complaints from neighbours — and loses value. The sooner the state is fixed, the more options remain.

The law, too, does not leave you unable to act right after the death. Under the 民法 (Civil Code, Act No. 89 of 1896), Article 898, where there are several heirs the estate belongs to them in co-ownership. Acts of preservation of co-owned property (confirming the state, minimal upkeep) may be done by each co-owner alone, even before the estate is divided (Civil Code, Article 252, paragraph 5). So site inspection, patrols, ventilation and grass-cutting can begin without waiting for agreement on division.

Acts amounting to management or alteration (a long-term lease, a major renovation, a sale), by contrast, are treated differently and need a majority of shares or the consent of all. "See and preserve" can go ahead; "lease, sell, or greatly alter" needs agreement — that is the starting line. The management issues for a resident owner are covered here.

May sale preparation proceed before the inheritance registration?

It may. But the line between "preparation" and "contract / registration" is clear.

In Japan, inheritance registration has been mandatory since 1 April 2024. Article 76-2, paragraph 1 of the 不動産登記法 (Real Property Registration Act, Act No. 123 of 2004) imposes on a person who acquires ownership by inheritance the duty to apply to register within 3 years of the day they learn both that the inheritance has begun and that they have acquired the ownership. As an interim measure where the division is not settled, Article 76-3 provides for a registration of an heir's report (notifying the registry that one is an heir).

To conclude a sale contract and transfer ownership to the buyer, the inheritance registration must be complete and all heirs must agree to the sale. That cannot be moved. But the preparation up to that point can run in parallel.

Can proceed before the registration is completeRequires the registration complete and all agreeing
Site inspection, photographs, valuationConcluding the sale contract
Investigating rights, frontage, boundaryTransfer of ownership to the buyer
Obtaining the registration certificate, cadastral map, survey mapLong-term lease, major renovation
Maintenance (patrols, ventilation, grass-cutting)

The inheritance registration itself is the work of a judicial scrivener. Where an heir lives abroad, a seal-registration certificate cannot be obtained, so a Japanese national uses an overseas mission's signature certificate (signature attestation) and a foreign national uses a local notary's attestation in its place; this attestation of the signature is the domain of a judicial scrivener, a notary and a consul. What we (the real estate agent) handle is the investigation and valuation before that, and the brokerage after agreement. The flow of a Taiwan inheritance involving Japanese property is covered here; working jointly with a Chinese-speaking real estate professional is covered here.

Who bears the fixed-asset tax and the upkeep on the vacant house?

From the moment of inheritance, costs keep running. Leaving this vague causes disputes among heirs later.

Under Article 359 of the 地方税法 (Local Tax Act, Act No. 226 of 1950), fixed-asset tax is charged to the person registered as owner in the tax ledger as of 1 January each year (the assessment date). If the title still stands in the deceased's name after the inheritance, the heir who actually owns it bears the tax. Until the division is settled, the heirs bear it in proportion to their statutory shares, and co-owners are jointly liable.

With a vacant house, the residential-land special measure deserves particular attention. Article 349-3-2 of the Local Tax Act reduces the tax base for residential land (for small-scale residential land, the portion up to 200 m² is one-sixth). But under the Act on Special Measures concerning Vacant Houses, if the municipality issues a recommendation designating the house a "specified vacant house" or a "poorly-managed vacant house," this residential-land special measure falls away and the land's fixed-asset tax rises. The "poorly-managed vacant house" category was added by the 2023 amendment, which took effect on 13 December 2023. "I left it alone, a recommendation came, and the tax jumped the next year" happens this way.

ItemWho / whenBasis and note
Fixed-asset / city-planning taxThe owner as of 1 January (if the title is the deceased's, the heir who actually owns it)Local Tax Act Art. 359; before division, borne by statutory share, co-owners jointly liable
Loss of the residential-land special measureAfter a recommendation for a specified / poorly-managed vacant houseVacant Houses Act (2023 amendment, in force 13 Dec 2023); the land's tax rises
Upkeep costsThe heir who instructs itPatrols, grass-cutting, basic utility charges, etc.

What happens to a neglected vacant house, and the sell-or-keep decision, is covered here; how the mandatory inheritance registration changed things is covered here. The calculation of inheritance and capital-gains tax, and the tax treatment of who bears the cost, are a tax accountant's domain.

How far can you rely on a Japanese real estate agent?

The line is clear. What we (the real estate agent) can do is these four.

What the real estate agent can doWhere it goes otherwise
Site inspection, photographs, valuation
Investigating rights, frontage, boundary, legal restrictions
Maintenance of the vacant house (patrols, ventilation, grass-cutting)
Sale / lease brokerage (after agreement)
Inheritance registration, heir's-report registrationJudicial scrivener
Inheritance tax, capital-gains tax, acquisition costTax accountant
Disputes and negotiation over the divisionAttorney
Certification of an overseas heir's signatureNotary; overseas mission (consul)

We, and the judicial scrivener, tax accountant, attorney and notary, are each independent business entities. You engage each of them separately and directly. We neither pay nor accept referral fees or introduction commissions with these professionals. Keeping who-does-what separate is what makes the location of cost and responsibility clear. The overall approach to inherited property is at inheritance and vacant homes.

In what order, right after the death?

OrderWhat to advanceWho
1Site inspection, photographs, valuation; begin maintenanceReal estate agent
2Collect documents — registration certificate, cadastral map, survey mapReal estate agent
3Fix the heirs; inheritance registration (or heir's-report registration)Judicial scrivener
4Estimate fixed-asset, inheritance and capital-gains taxTax accountant
5Agree on the division (mediation / negotiation if it does not settle)Heirs; (in dispute) attorney
6Sale / lease brokerage and contract; transfer of ownershipReal estate agent; judicial scrivener

Steps 1 and 2 can begin without waiting for agreement on the division. Time is the enemy of a vacant house. First fix the state, grasp the running costs, then settle the agreement and the registration — that order minimises loss even from a distance.

Who should you consult?

Site inspection, valuation, investigation, maintenance and sale/lease brokerage are handled by Yotsuba Real Estate Co., Ltd. (licensed real estate agent, Tokyo Governor (1) No. 113304). We convey the state of the site in Japanese or Chinese, even where the heirs are abroad.

Inheritance registration goes to a judicial scrivener, inheritance and capital-gains tax to a tax accountant, disputes over the division to an attorney, and the certification of an overseas heir's signature to a notary or an overseas mission (consul) — each engaged by you directly. These are independent business entities, engaged separately from us. We neither pay nor accept referral fees or introduction commissions. Consultation is free of charge.

Frequently asked questions

Q. All the heirs are abroad. Can the state of the vacant house in Japan be confirmed?
A. Yes. On the heir's instruction, a real estate agent can visit the site and record the exterior, interior, frontage and boundary in photographs and a report, and produce a valuation. Confirming the state, and upkeep such as patrols and ventilation (acts of preservation), can be instructed by each heir alone even before agreement on the division. The heirs do not need to come to Japan.

Q. Can sale preparation begin before the inheritance registration is complete?
A. Preparation can begin. Valuation, investigation of rights, frontage and boundary, and collection of documents such as the registration certificate can run in parallel. But the sale contract and the transfer of ownership to the buyer require the inheritance registration to be complete and all heirs to agree to the sale. The registration application goes to a judicial scrivener directly.

Q. Does leaving a vacant house alone raise the fixed-asset tax?
A. It can. If the municipality issues a recommendation as a "specified vacant house" or a "poorly-managed vacant house," the residential-land special measure (one-sixth for small-scale residential land) falls away and the land's fixed-asset tax rises. The poorly-managed category was added by the 2023 amendment (in force 13 December 2023). Confirm the estimate with a tax accountant and the municipality.

Q. Can an overseas heir proceed without a seal-registration certificate?
A. Yes. Where there is no resident registration in Japan and no seal can be registered, a Japanese national uses an overseas mission's signature certificate (signature attestation), and a foreign national uses a local notary's attestation, in place of the seal certificate. Confirm the form and the requirements of the receiving office with a judicial scrivener, a notary or a consul.

Sources (primary)

The tax burden, the application of the residential-land special measure, and whether a recommendation is issued vary with each municipality's taxation and vacant-house practice. Confirm with the municipality directly when you start. The calculation of inheritance and capital-gains tax and acquisition cost is a tax accountant's domain; the certification of an heir's signature (signature certificate, notary attestation, consular attestation) is the domain of a judicial scrivener, a notary and a consul.

This article is general information. It does not judge or guarantee any particular inheritance or property. Investigation, valuation, maintenance and brokerage are undertaken by Yotsuba Real Estate Co., Ltd. (licensed real estate agent). Inheritance registration goes to a judicial scrivener, tax to a tax accountant, disputes to an attorney, and signature certification to a notary or overseas mission — independent business entities, engaged separately and directly. We neither pay nor accept referral fees.

About the author

Joji Uramatsu — licensed real estate transaction specialist (Tokyo Governor registration No. 293544) and administrative scrivener (registration No. 25087022). Representative Director, Yotsuba Real Estate Co., Ltd. (licensed real estate agent, Tokyo Governor (1) No. 113304); principal, Yotsuba Administrative Scrivener Office. Kohinata, Bunkyo, Tokyo, about five minutes' walk from Myogadani station. Property and paperwork are put on the same table. Full profile: author page.

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