Re-transferred inheritance (Civil Code Article 916) in Japan: the deliberation period when an heir dies before accepting or renouncing

In short: re-transferred inheritance arises where an heir dies without accepting or renouncing, and that person's own heir takes on two inheritances. The deliberation period for the first inheritance runs from the time the re-transferred heir learns that the heir's position has passed to them (Civil Code Article 916; Supreme Court judgment of 9 August 2019). Preparing the filings to the family court is outside an administrative scrivener's scope.

Sources checked: 25 October 2026. This article, for an heir who faces the choice between acceptance and renunciation when an heir dies mid-procedure, focuses narrowly on the start of the deliberation period in re-transferred inheritance (Civil Code Article 916) and on how acceptance and renunciation can be combined across the first and second inheritances. For the general start of the deliberation period and its extension, see the three-month deliberation period for renouncing an inheritance; for the successive inheritance that overlaps after acceptance, see successive inheritance and the estate-division agreement. The provisions were reconciled with e-Gov.

In what situation does re-transferred inheritance arise?

Re-transferred inheritance arises where an heir dies partway through the deliberation period, having neither accepted nor renounced the inheritance. For example, if a grandfather (A) dies and his child, the father (B), dies before deciding whether to accept or renounce, the grandchild (C) takes on the father's inheritance (the second inheritance) together with the "position to accept or renounce the grandfather's inheritance" that the father held. C is the re-transferred heir.

It is easily confused with successive inheritance, but the two are different situations. Successive inheritance refers to a case where the next inheritance overlaps after the earlier heir has accepted the inheritance, whereas re-transferred inheritance is a case where the heir died before acceptance or renunciation. In re-transferred inheritance, the distinctive feature is that C may choose acceptance or renunciation for each of the two inheritances.

Situation	State of B (the intermediate heir)	C's position
Re-transferred inheritance	Died without accepting or renouncing A's inheritance	May choose acceptance/renunciation for both A and B
Successive inheritance	Died after accepting A's inheritance	Joins the division of A's estate through B

When does the deliberation period start under Civil Code Article 916?

Civil Code Article 915(1) provides that an heir must, within three months (the deliberation period) from when they learn the inheritance has begun for them, make a simple acceptance, a qualified acceptance or a renunciation. In re-transferred inheritance, Civil Code Article 916 places a special rule on the deliberation period for the first inheritance (A's).

Civil Code Article 916 provides that "where an heir dies without accepting or renouncing the inheritance, the period under paragraph (1) of the preceding Article runs from the time that person's own heir learns the inheritance has begun for them." On how to read this "learns," the Supreme Court judgment of 9 August 2019 held that it means the time when the re-transferred heir (C) learns that, through inheriting from the intermediate heir (B), they have succeeded to the position of heir in the inheritance (from A) that B had neither accepted nor renounced. In other words, the clock starts when C learns that "the position to accept or renounce A's inheritance has come to me."

Inheritance concerned	When the clock starts	Basis
First inheritance (A's)	When C learns they succeeded to the position to accept or renounce A's inheritance	Civil Code Article 916; Supreme Court judgment of 9 August 2019
Second inheritance (B's)	When C learns the inheritance has begun for them regarding B	Civil Code Article 915(1)

Where C is a minor or an adult ward, the clock starts when the legal representative learns of it (Civil Code Article 917). If they neither make a qualified acceptance nor renounce within the period, they are deemed to have made a simple acceptance (statutory simple acceptance; Civil Code Article 921(ii)).

How can acceptance and renunciation be combined across the first and second inheritances?

A re-transferred heir may choose acceptance or renunciation for each of the two inheritances, but the combination is subject to an ordering constraint. The key is that the position to accept or renounce A's inheritance passes to C through B's inheritance.

• If C renounces B's inheritance (the second), C is no longer B's heir and so does not succeed to the position to accept or renounce A's inheritance (the first). In that case, C can neither accept nor renounce A's inheritance.
• If C accepts B's inheritance (or leaves it un-renounced), C may choose acceptance or renunciation for A's inheritance. C may accept B's inheritance while renouncing only A's.
• Even if C first renounces A's inheritance and then renounces B's inheritance, the effect of the earlier renunciation of A is not lost (Supreme Court judgment of 21 June 1988).

C's choice	What C can do about A (the first inheritance)
Renounce B's inheritance	Cannot accept or renounce A (does not succeed to the position)
Accept B's inheritance	May choose either acceptance or renunciation of A

Which order and combination you choose greatly changes the assets and debts you succeed to. Because some points are matters on which views differ, consult a judicial scrivener or an attorney for an individual judgement in light of the presence of debts and the content of the estate. Note that once a renunciation is made, it cannot be withdrawn even within the deliberation period (Civil Code Article 919(1)).

Who may prepare the renunciation filing?

A renunciation is made by filing a declaration with the family court (Civil Code Article 938). Once the filing is accepted, the person is deemed never to have been an heir with respect to that inheritance (Civil Code Article 939). In re-transferred inheritance, the declaration must make clear which of the first or second inheritance is being renounced.

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The point to note here is the difference in who may act. Preparing documents submitted to the family court — the declaration of renunciation and the petition — is outside an administrative scrivener's scope. These are handled by a judicial scrivener or an attorney. An administrative scrivener handles investigating the estate and debts, assisting with the estate inventory, and preparing the estate-division agreement.

Document / procedure	Who prepares / represents
Declaration of renunciation	Judicial scrivener / attorney
Petition to extend the deliberation period	Judicial scrivener / attorney
Negotiation with creditors; inheritance disputes	Attorney
Investigating the estate and debts; assisting with the estate inventory and the estate-division agreement	Administrative scrivener

When the deadline is close, what do you do first?

In re-transferred inheritance, two deliberation periods run in parallel, so the time left is hard to read. If you are unlikely to make it in time, you may petition the family court within the deliberation period to extend it (proviso to Civil Code Article 915(1)). Because investigation and filing proceed at the same time, the basic approach is to split the roles and engage early.

Who to engage	Scope
四葉行政書士事務所	Investigating the estate and debts; assisting with the estate inventory and the estate-division agreement; collecting family registers
Judicial scrivener / attorney	Preparing the renunciation declaration and the extension petition to the family court
Attorney	Negotiation with creditors; inheritance disputes
Judicial scrivener	Inheritance registration
Tax accountant	Estimating and filing inheritance tax

Preparing the declaration and petition submitted to the family court is outside an administrative scrivener's scope. 四葉行政書士事務所, 四葉社会保険労務士事務所 and 四葉不動産株式会社 are each a separate, independent business. You contract with each field's provider separately as an independent business, and each provider bills and receives payment directly. Our office receives no referral fee.

See inheritance-procedure support, the engagement process and the fee schedule. The sale of inherited real estate is handled by the separate business at inherited real-estate consultation, which you also contract with separately.

FAQ

Q. How does re-transferred inheritance differ from successive inheritance?
A. Re-transferred inheritance is where an heir dies without accepting or renouncing and that person's heir (the re-transferred heir) takes on two inheritances. Because it is before acceptance or renunciation, the re-transferred heir may choose acceptance or renunciation for each of the two inheritances. It differs from successive inheritance, where the next inheritance overlaps after acceptance.

Q. When does the deliberation period for the first inheritance start?
A. It runs from the time the re-transferred heir learns that, through inheriting from the intermediate heir, they have succeeded to the position to accept or renounce the first inheritance (Civil Code Article 916; Supreme Court judgment of 9 August 2019). It is not necessarily the date the decedent died or the time you merely learned of it.

Q. If I renounce the second inheritance, is the first automatically renounced too?
A. It is not automatically renounced; rather, you no longer succeed to the position to accept or renounce the first inheritance. So if you renounce the second inheritance, you can neither accept nor renounce the first. Because the result changes with the order and combination, consult a judicial scrivener or an attorney for an individual judgement.

Q. Can an administrative scrivener prepare the renunciation declaration?
A. Preparing the declaration and petition submitted to the family court is outside an administrative scrivener's scope and is handled by a judicial scrivener or an attorney. An administrative scrivener investigates the estate and debts and assists with the estate inventory, the estate-division agreement and collecting family registers.

Sources (Primary Information)

• e-Gov: Civil Code (1896 Act No. 89): Article 915(1) (deliberation period and the extension proviso), Article 916 (start of the deliberation period in re-transferred inheritance), Article 917 (minor / adult ward), Article 919(1) (prohibition on withdrawal), Article 921 (statutory simple acceptance), Article 938 (declaration of renunciation), Article 939 (effect of renunciation). Final amendment dates are unverified.
• Supreme Court judgment of 9 August 2019 (Minshū vol. 73 no. 3 p. 293; on the start of the first inheritance's deliberation period in re-transferred inheritance): "the time that person's own heir learns the inheritance has begun for them" in Civil Code Article 916 means the time the re-transferred heir learns that, through inheriting from the intermediate heir, they have succeeded to the position to accept or renounce the first inheritance. The full text was not obtained, and the case number and scope are unverified.
• Supreme Court judgment of 21 June 1988 (Minshū vol. 42 no. 5 p. 301; on the effect of a re-transferred heir's renunciation of the first inheritance): the effect of the earlier renunciation of the first inheritance is not lost retroactively by a later renunciation of the second. The full text was not obtained, and its scope is unverified.
• Courts: declaration of renunciation of inheritance: who declares, the court for the decedent's last domicile, the three-month deliberation period (referenced 2026-10-25).

Checked 25 October 2026. The provisions were reconciled with e-Gov. The scope and case numbers of the 2019 and 1988 Supreme Court judgments, and the final amendment dates of each law, are unverified. Whether a given combination of acceptance and renunciation is possible includes points on which views differ. Reconfirm with the family court's latest guidance before proceeding.

This is general information and does not guarantee the choice between acceptance and renunciation, when the deliberation period starts, whether an extension or renunciation is granted, or a procedural outcome. Individual judgements are made by a qualified professional after reviewing the materials. Written by Joji Uramatsu, administrative scrivener and licensed real-estate transaction specialist.