How to proceed with inheritance registration: the three-year rule, required documents, filing yourself and using a judicial scrivener

In short: inheritance registration can be filed by an heir personally. On the other hand, acting for another person as an agent for real estate registration of rights, preparing a registration application and giving advice on registration are the work of a judicial scrivener or an attorney. The obligation to register an inheritance began on 1 April 2024; in principle, the heir must apply within three years from the day the heir became aware that inheritance had commenced for him or her and that he or she had acquired ownership of the real estate. If the estate is divided, an additional registration reflecting that division is required within three years from the date the division came into effect. The required documents differ depending on whether the inheritance is by statutory shares, by an estate division agreement or by a will. Yotsuba Administrative Scrivener Office does not act as an agent for inheritance registration, prepare registration applications or give individual legal advice on registration applications.

Why inheritance registration became obligatory, and what is covered

Inheritance registration is registration that transfers the title of real estate from the deceased to the heir. From 1 April 2024, an heir who becomes aware that he or she acquired real estate by inheritance is in principle obliged to apply for inheritance registration.

This system addresses the problem of land with unknown owners increasing because registration is left unattended for a long time. Inheritances that commenced before this date are also covered.

The difference between basic inheritance registration and registration after estate division

There are two obligations for inheritance registration.

• Basic obligation: apply within three years from the day the heir became aware that inheritance had commenced for him or her and that he or she had acquired ownership of the real estate.
• Additional obligation after estate division: apply within three years from the date the estate division came into effect, reflecting the division.

For example, if registration by statutory shares was once made and the person acquiring the property later changes through estate division, registration reflecting the estate division must be made again.

The starting point of the three-year period and the transitional deadline of 31 March 2027

Inheritances that commenced before 1 April 2024 are also subject to the registration obligation.

• For unregistered real estate of which the heir already knew the acquisition by inheritance when the system took effect, the application must in principle be made by 31 March 2027.
• If the heir became aware of the acquisition by inheritance on or after 1 April 2024, the period is in principle three years from that date.

A person who violates the obligation without a legitimate reason may be subject to a non-criminal fine of not more than 100,000 yen.

The documents required for inheritance registration are not uniform

The documents required for inheritance registration differ depending on the method of inheritance and the content of registration. The main types are as follows.

Type	Rough idea
Inheritance by statutory shares	Documents proving the statutory heirs and shares by family registers and the like
Inheritance by an estate division agreement	An estate division agreement and the seal certificates of all heirs
Inheritance by a will	Documents proving the content of the will

Therefore, it cannot be said that "gathering the family registers, the agreement and the seal certificates is sufficient for every inheritance registration". The matter must be confirmed according to the case, based on the Legal Affairs Bureau's "For heirs applying for inheritance registration or registration of a testamentary gift (Registration Procedure Handbook)".

Declaration registration by an heir is a simplified way to perform the obligation

Declaration registration by an heir is not ownership transfer registration by statutory shares.

It is a system to perform the basic inheritance-registration obligation in a simplified manner by declaring that inheritance has commenced for the registered holder and that the declarant is that person's heir. It is not necessary to confirm all statutory heirs or the statutory shares, and it is not ordinary inheritance registration that publicly discloses the rights over the real estate.

Therefore, declaration registration by an heir alone does not replace ordinary inheritance registration that is the premise for sale or creation of a mortgage. The additional registration obligation after estate division also cannot be performed by declaration registration by an heir. If only one heir declares, in principle only that declarant is treated as having performed the obligation.

Using a certified list of statutory heirs for inheritance registration

What can be used for inheritance registration is not a family tree prepared by yourself, but a copy of the certified list of statutory heirs with the registrar's certification. A certified copy can be used instead of family register certificates and removed family register certificates.

From 1 April 2024, by stating the statutory inheritance information number in the application, the attachment of the copy of the list may be omitted in inheritance registration and other procedures. If the list states the heirs' addresses, the address certificate may also be omitted.

However, in cases such as a change of address, estate division, renunciation of inheritance or successive inheritance, separate documents may be required. For details, see What is the certified list of statutory heirs?.

Confirm the target real estate

To confirm the real estate subject to inheritance registration, check the description and owner of the real estate with a certificate of registered matters or other documents.

From 2 February 2026, the record of owned real estate certification system has also begun, allowing an heir to investigate the real estate owned in the deceased's name in list form. However, real estate may not be extracted because of a mismatch with an old address or because ownership is not registered, so this system does not reveal 100% of all real estate. For details, see Investigating the inherited estate and preparing an inventory of assets.

The flow of applying for inheritance registration

The general flow is as follows.

1. Confirm the target real estate.
2. Confirm the heirs.
3. Confirm the existence of a will and the state of estate division.
4. Collect the required documents.
5. Prepare the registration application and related documents.
6. Apply to the Legal Affairs Bureau with jurisdiction over the location of the real estate.
7. Completion of registration.

There are cases where the heir applies personally and cases where the heir asks a judicial scrivener or another specialist. Online application is possible, but in inheritance registration, paper family registers and other documents may have to be sent by post or brought in, so it cannot be said that "everything can be completed online".

The registration licence tax and the judicial scrivener's fee are separate

The registration licence tax for ownership transfer registration by inheritance is in principle 0.4% of the value of the real estate.

However, for certain inheritance registrations, there is a tax exemption measure until 31 March 2027. Representative examples are certain land where the heir died without inheritance registration, and certain land with a value of one million yen or less.

It is not the case that "all real estate of one million yen or less is exempt"; note that land is the target. The application requirements are confirmed in the primary materials of the Legal Affairs Bureau. The registration licence tax and the judicial scrivener's fee are separate costs.

Jurisdiction for real estate registration in Bunkyo

Real estate located in Bunkyo is generally under the jurisdiction of the Tokyo Legal Affairs Bureau (head office).

However, jurisdiction over real estate registration is determined by the location of the target real estate. It is not the case that the head office has jurisdiction because the heir's address is in Bunkyo.

What an administrative scrivener can and cannot do

Yotsuba Administrative Scrivener Office, within the lawful scope of administrative-scrivener work, handles collection of family registers, investigation of heirs, organisation of the inheritance relationship, matters relating to the certified list of statutory heirs, and an estate division agreement based on agreed content.

Registration agency and preparation of registration applications are the work of a judicial scrivener or another specialist; inheritance tax and tax valuation are a tax accountant; disputes among heirs and the legally reserved portion are an attorney; and real estate appraisal and brokerage are Yotsuba Real Estate Co., Ltd. Yotsuba Real Estate Co., Ltd. handles its work under a separate business and separate contract from Yotsuba Administrative Scrivener Office, and our office receives no referral fee.

How to proceed toward inheritance registration in Bunkyo

Yotsuba Administrative Scrivener Office (Kohinata, Bunkyo, about five minutes' walk from Myogadani Station) guides you in stages through family register collection and heir investigation, estate investigation and an inventory of assets, an estate division agreement and the drafting of a will. For the flow of engagement, see Engagement Flow; for fees, see Fee Schedule; and for the whole picture, see Inheritance, Wills and Trusts.

For the sale and management of inherited real estate, see Complete Guide to Inherited Real Estate (Yotsuba Real Estate). Yotsuba Real Estate Co., Ltd. handles its work under a separate business and separate contract from Yotsuba Administrative Scrivener Office.

FAQ

Q. Can I file inheritance registration myself?
A. An heir can apply personally. On the other hand, acting for another person as an agent, preparing a registration application and giving advice on registration are the work of a judicial scrivener or attorney. Yotsuba Administrative Scrivener Office does not act as an agent for inheritance registration, prepare registration applications or give individual legal advice on registration applications.

Q. What documents are required for inheritance registration?
A. The documents differ depending on the method of inheritance and the content of registration. Because the required documents differ among inheritance by statutory shares, inheritance by an estate division agreement and inheritance by a will, they cannot be listed uniformly. Confirm according to the case, using the Legal Affairs Bureau's procedure handbook and other materials.

Q. Does declaration registration by an heir complete inheritance registration?
A. Declaration registration by an heir is a system to perform the basic inheritance-registration obligation in a simplified manner, and is not ownership transfer registration by statutory shares. It does not replace ordinary inheritance registration that is the premise for sale or creation of a mortgage, and cannot perform the additional registration obligation after estate division.

Q. What if the estate division is not completed within three years?
A. If the estate division has not been completed, first consider how to respond to the basic obligation. Declaration registration by an heir may be an option. After the estate division is completed, additional registration is required within three years from the date of completion. For individual procedures, consult a judicial scrivener or another specialist.

Q. Must an old inheritance also be registered by 31 March 2027?
A. Inheritances that commenced before 1 April 2024 are also covered. For unregistered real estate of which the heir already knew the acquisition by inheritance when the system took effect, the application must in principle be made by 31 March 2027. If the heir became aware of the acquisition on or after 1 April 2024, the period is in principle three years from that date.

Q. If there is a certified list of statutory heirs, are family registers unnecessary?
A. A copy of the certified list of statutory heirs with the registrar's certification may be used instead of family register certificates and removed family register certificates. By providing the statutory inheritance information number, the attachment of the copy of the list may also be omitted. However, in cases such as a change of address or successive inheritance, separate documents may be required.

Sources (Primary Information)

• Ministry of Justice, "On the obligation to apply for inheritance registration"
• Ministry of Justice, "On declaration registration by an heir"
• Legal Affairs Bureau, "For heirs applying for inheritance registration or registration of a testamentary gift (Registration Procedure Handbook)"
• Legal Affairs Bureau, "Statutory inheritance information certification system"
• Legal Affairs Bureau, "Omission of the copy of the list in inheritance registration and other procedures by providing the statutory inheritance information number"
• Legal Affairs Bureau, "Tax exemption measures for the registration licence tax of inheritance registration"
• Tokyo Legal Affairs Bureau, "Jurisdictional districts for real estate registration"

This article is general information and does not guarantee individual inheritance registration requirements, application methods, required documents, registration licence tax or the applicability of a non-criminal fine. Inheritance registration agency, preparation of registration applications and legal advice on registration are handled by a judicial scrivener or another specialist; inheritance tax and tax valuation by a tax accountant; disputes among heirs and the legally reserved portion by an attorney; and real estate appraisal and brokerage by Yotsuba Real Estate Co., Ltd., each as an independent business under a separate contract. Our office receives no referral fee. Individual judgements are made by a qualified professional after a meeting. Written by Joji Uramatsu, administrative scrivener and licensed real estate broker.