How to investigate inherited debts and guarantee obligations: simple and qualified acceptance, renunciation, and the deliberation period

In short: investigate inherited debts and guarantee obligations through contracts, demand letters, bankbooks and credit information. The choice among simple acceptance, qualified acceptance and renunciation has a three-month deliberation period under Civil Code Article 915; if time runs short, apply to the family court for an extension. Preparing the family-court declaration and petition documents is outside an administrative scrivener's scope.

Information checked: 12 October 2026. This article covers what to investigate, and who to engage for which procedure, in an inheritance where the minus side (debts, guarantees) may exceed the plus side. For the overall framework, see the basics of renunciation and qualified acceptance; for taking stock of assets, see how to make an estate inventory.

How do you investigate inherited debts and guarantee obligations?

The deceased's debts are not gathered in one place. Cross-check the following records.

Where to check	What it reveals
Contracts, loan deeds, guarantee agreements	The counterparties and amounts of loans and guarantees
Mail (invoices, demand and dunning letters)	Ongoing debts or arrears
Bankbooks and direct-debit history	Repayments, lease and guarantee-fee payments
Disclosure requests to credit agencies	Registered loan, credit and bank-transaction information

Credit information is registered with CIC, JICC and the Japanese Bankers Association Personal Credit Information Center. Legal heirs may be able to request disclosure of a deceased person's information, but the required documents (such as family registers) and whether and how it can be done differ by agency; confirm with each agency's latest guidance before applying. Under Civil Code Article 915(2), an heir may investigate the estate before accepting or renouncing.

Is a joint and several guarantor's position inherited?

Ordinary guarantee and joint-and-several guarantee obligations are monetary debts, in principle succeeded to by heirs and divided by statutory shares. Continuing guarantees without a cap or term are treated differently.

Type of guarantee	Treatment on inheritance (in principle)
Guarantee / joint guarantee of a specific debt	Succeeded to
Individual revolving guarantee (kojin ne-hosho)	The principal is fixed on the death of the principal debtor or guarantor (Article 465-4(1)(iii)); the amount fixed up to death is succeeded to
Personal reference guarantee (mimoto hosho)	Treated as personal and, in principle, not succeeded to (fixed, specific damages are separate)

A guarantor who gave the guarantee at the principal debtor's request may ask the creditor for information such as the outstanding balance (Article 458-2; in force 1 April 2020). This helps confirm the balance of debts the deceased guaranteed in life. Consult a lawyer on the specific effect and scope of a guarantee.

How do you choose among simple acceptance, qualified acceptance and renunciation?

Choice	Content	Basis
Simple acceptance	Unlimited succession to rights and duties; statutory simple acceptance may arise	Articles 920, 921
Qualified acceptance	Pay debts and bequests only up to the assets received	Articles 922–924
Renunciation	Deemed never to have been an heir	Articles 938, 939

Qualified acceptance can be made only jointly by all co-heirs (Article 923). Within the Article 915(1) period, prepare an estate inventory, submit it to the family court, and declare qualified acceptance (Article 924). Renunciation is declared to the family court (Article 938). Disposing of assets, or failing to act within the period, may result in statutory simple acceptance (Article 921). A person who renounces and actually possesses estate property at the time of renunciation bears a duty to preserve it until delivery (Article 940; amended in 2021, in force 1 April 2023).

When does the three-month deliberation period start, and what if you cannot meet it?

The deliberation period is three months from when you learn that the inheritance has begun for you (Article 915(1)). If you cannot decide within it, you can apply to the family court to extend the period.

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There is an exception to the start point. The Supreme Court judgment of 27 April 1984 held that, where an heir believed no estate existed and had reasonable grounds for that belief, the period runs from when the heir recognised, or could ordinarily have recognised, the existence of all or part of the estate. Whether it applies is assessed case by case and cannot be asserted categorically. On cases where large debts come to light later, consult a judicial scrivener or lawyer.

Who do you ask for what? (family-court declarations; where to refer debt restructuring)

Who to engage	Role
四葉行政書士事務所	Investigating the estate and debts; supporting preparation of the estate inventory
Judicial scrivener / lawyer	Preparing family-court declarations and petitions for renunciation, qualified acceptance and period extension
Lawyer	Debt restructuring and litigation; assessing the effect and scope of guarantees
Tax accountant	Estimating inheritance tax and deemed transfer income
Judicial scrivener	Inheritance registration

Preparing declaration and petition documents 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 separate, independent businesses (独立した事業体). Each field is engaged under a separate contract with its responsible provider, who bills and receives payment directly. Our office receives no referral fees.

See inheritance support, the engagement process and fees. Sale of inherited real estate is handled separately through the inherited-property consultation service.

FAQ

Q. How do I check whether there are debts?
A. Check contracts, demand letters and direct debits in bankbooks, and consider disclosure from the credit agencies (CIC, JICC and the Japanese Bankers Association center). Legal heirs may be able to request a deceased person's information, but confirm the required documents and method with each agency's latest guidance.

Q. Are joint guarantees also inherited?
A. Ordinary guarantees and joint guarantees are in principle succeeded to. An individual revolving guarantee has its principal fixed on the guarantor's (or debtor's) death, and a personal reference guarantee is in principle not succeeded to. Consult a lawyer on the specific effect and scope.

Q. Is it always simple acceptance once three months pass?
A. Lapse of the period is one ground for statutory simple acceptance, but there is the exception in the Supreme Court judgment of 27 April 1984 on the start point, and an application to the family court to extend the period if you cannot meet it. Whether it applies is case by case.

Q. Can I ask an administrative scrivener for the renunciation documents?
A. Preparing the declaration and petition documents submitted to the family court is outside an administrative scrivener's scope; a judicial scrivener or lawyer handles them. An administrative scrivener investigates the estate and debts and supports preparation of the estate inventory.

Sources (Primary Information)

• e-Gov: Civil Code: Articles 915, 920, 921, 922, 923, 924, 938, 939, 940, 458-2 and 465-4.
• Courts in Japan: declaration of renunciation of inheritance and extension of the period for acceptance or renunciation: procedural guidance. Checked 2026-10-12.
• Supreme Court judgment of 27 April 1984 (start point of the deliberation period).
• Disclosure-request guidance of the credit agencies (CIC, JICC and the Japanese Bankers Association Personal Credit Information Center): checked 2026-10-12.

Checked on 2026-10-12. The provisions were checked against e-Gov, but the full text of the court and credit-agency pages could not be fully retrieved. Whether legal heirs can obtain credit information and the required documents, the reach of the 1984 Supreme Court judgment, and the latest amendment dates of each statute are unverified. Reconfirm with each agency and the family court before proceeding.

This is general information and does not guarantee the existence of debts, the choice of acceptance or renunciation, the start of the deliberation period, or procedural outcomes. Human qualified professionals assess individual matters after checking the records. Written by 浦松 丈二, administrative scrivener and licensed real-estate transaction specialist.