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2026.08.16Inheritance Procedures (From the Practice of an Administrative Scrivener)

When can a deceased person's bank account be accessed? The pre-division withdrawal system and how bank procedures work

浦松 丈二

浦松 丈二

行政書士・宅地建物取引士(四葉行政書士事務所/四葉不動産株式会社)

Profile (samurai.co.jp) ↗

Once a financial institution confirms that a depositor has died, deposits and withdrawals on that account are generally suspended. Since 1 July 2019, however, each co-heir may withdraw a limited amount alone before estate division (Civil Code, Article 909-2). This article explains the calculation, the 1.5 million yen limit, the Family Court route and the division of work among specialists.

In short: once a financial institution confirms that a depositor has died, deposits and withdrawals on that account are generally suspended. Since 1 July 2019, however, each co-heir may receive a withdrawal alone even before estate division (Civil Code 民法, Article 909-2). The amount is calculated for each account as "one third of the amount of the claim at the time the inheritance commenced × the statutory share in inheritance of that co-heir", and the exercise of the right against the same financial institution is limited to 1.5 million yen. Yotsuba Administrative Scrivener Office collects family registers, investigates heirs, organises estate materials, prepares the documents used for the application for a certified list of statutory heirs and prepares estate division agreements. Whether a withdrawal is granted is decided by each financial institution. Legal judgement on the relationship with renunciation of inheritance is an attorney, preparation of documents to be filed with the Family Court is a judicial scrivener or attorney, and inheritance tax is a tax accountant.

Until when can the deceased's account be used?

Once a financial institution confirms that a depositor has died, deposits and withdrawals on that account are generally suspended. No statute provides that an account is automatically frozen a fixed number of days after death; the starting point is the moment the financial institution learns of the death.

The Japanese Bankers Association also explains that, conventionally, funds could not be withdrawn from a financial institution until the estate division discussion and procedures were completed (accessed 22 August 2026).

Direct debits for utilities, rent and insurance premiums also stop. Checking the list of direct debits early avoids delay in contacting the payees.

For the overall order of inheritance procedures, see Checklist of what to do when an inheritance occurs.

Is there a system that allows withdrawal before estate division?

There is. Civil Code Article 909-2 provides that each co-heir may exercise alone the right to a certain amount of the deposit claims belonging to the estate. It was newly created by the Act Partially Amending the Civil Code and the Domestic Relations Case Procedure Act (Act No. 72 of 2018) and came into force on 1 July 2019.

The feature of this system is that the procedure is handled at the counter of the financial institution, without going through a judgement of the Family Court.

ItemContent
BasisCivil Code, Article 909-2
Date of enforcement1 July 2019 (Act No. 72 of 2018)
CalculationFor each account, "one third of the amount of the claim at the time the inheritance commenced × the statutory share in inheritance of that co-heir"
Limit1.5 million yen for the exercise of the right against the same financial institution (Ordinance of the Ministry of Justice No. 29 of 2018)
Where to applyThe counter of each financial institution
Family CourtNot required

The provision states the limit as "the amount specified by Ordinance of the Ministry of Justice for each obligor of the deposit claim". The obligor of the deposit claim means the financial institution holding the account.

How much can be withdrawn?

Applying figures to the formula gives the following. For how statutory shares work, see The basics of statutory heirs and shares in inheritance.

Balance of that account when inheritance commencedHeirsStatutory share of that heirResult of calculationAfter applying the limit
12 million yenSpouse and two childrenOne child is one quarter1 million yen1 million yen
24 million yenSpouse and two childrenOne child is one quarter2 million yen1.5 million yen
9 million yenThree childrenOne child is one third1 million yen1 million yen

The table above simply applies figures to the statutory formula. Whether a withdrawal is actually granted is decided by each financial institution in light of whether the documents are complete and whether the range of heirs has been fixed. Our office does not guarantee that a withdrawal will be granted.

How is the withdrawn amount treated in the estate division?

Civil Code Article 909-2 provides that, as to the deposit claim in respect of which the right was exercised, "the co-heir concerned is deemed to have acquired it by a partial division of the estate".

The amount withdrawn is therefore settled within the final estate division. It is not a mechanism by which the heir who used the system ends up with more.

Who withdrew how much is always confirmed later in the discussion. Keep the copy of the withdrawal request, the transaction statement and receipts showing how the money was used. For how to draw up the agreement, see Can an estate division agreement be prepared by oneself?.

How does this differ from the Family Court route?

There is a second route: the provisional disposition under Article 200, paragraph 3 of the Domestic Relations Case Procedure Act 家事事件手続法 (provisional division of a deposit claim). This presumes that a petition for adjudication or conciliation of estate division has been filed.

The provision states that, where the Family Court finds it necessary for the petitioner or the other party to exercise a deposit claim belonging to the estate because of payment of obligations belonging to the inherited property, provision of living expenses of an heir or other circumstances, it "may have that person provisionally acquire all or part of a specified deposit claim belonging to the estate", with the proviso "this does not apply where it would harm the interests of the other co-heirs".

ComparisonCivil Code, Article 909-2Domestic Relations Case Procedure Act, Article 200, paragraph 3
PreconditionNonePetition for adjudication or conciliation of estate division
Where to applyCounter of the financial institutionFamily Court
Ceiling on the amountFormula and the 1.5 million yen limitNo fixed statutory ceiling
Who decidesEach financial institutionThe Family Court
Date of enforcement1 July 20191 July 2019

Which route to use depends on the amount needed, the situation among the heirs and time constraints. Confirm the petition to the Family Court and the individual choice with an attorney. For conciliation and adjudication themselves, see What to do when heirs cannot agree.

What should be checked when renunciation of inheritance is being considered?

Civil Code Article 921, item 1 provides that an heir is deemed to have made a simple acceptance when the heir disposes of all or part of the inherited property (statutory simple acceptance). The proviso excludes acts of preservation and leases not exceeding the period specified in Civil Code Article 602.

Whether using money that has been withdrawn amounts to a "disposal" depends on the individual circumstances. Our office does not make that judgement.

If renunciation of inheritance or qualified acceptance is being considered, confirm with an attorney or a judicial scrivener before receiving a withdrawal. The period for acceptance or renunciation is three months from the time the heir became aware that an inheritance had commenced for the heir (Civil Code, Article 915, paragraph 1). For details, see Before considering renunciation of inheritance or qualified acceptance.

What documents does the bank require?

The required documents differ depending on the method of inheritance and the institution. Required documents differ from one financial institution to another. The Japanese Bankers Association sets out the following categories (accessed 22 August 2026).

SituationMain documents
There is a willThe will, the record or certificate of verification (kennin) (not required for a notarised will and the like), family registers showing the death of the deceased, the seal registration certificate of the heir or executor who receives the funds
No will but an estate division agreement existsThe estate division agreement bearing the signatures and seals of all statutory heirs, continuous family registers of the deceased from birth to death, family registers of all heirs, seal registration certificates of all heirs
Neither a will nor an estate division agreementContinuous family registers of the deceased from birth to death, family registers of all heirs, seal registration certificates of all heirs
There is Family Court conciliation or adjudicationA transcript of the conciliation record or the written adjudication, the seal registration certificate of the heir who receives the funds

Documents in the form prescribed by the financial institution are also required when using the pre-division withdrawal system. A copy of the certified list of statutory heirs may sometimes be used in place of the full set of family registers. For how to obtain it, see What is a certified list of statutory heirs?.

For identifying which financial institutions hold accounts, see Investigating the estate and preparing an inventory.

How should funeral costs and immediate living expenses be viewed?

Civil Code Article 909-2 provides that the limit is fixed by Ordinance of the Ministry of Justice "taking into account standard immediate living expenses, the average amount of funeral costs and other circumstances", and 1.5 million yen was set accordingly (Ordinance of the Ministry of Justice No. 29 of 2018). What the system contemplates is payments that become necessary in the immediate term.

What was paid becomes material both for the later estate division and, where an inheritance tax return is required, for that return. Keep records showing the date, the payee and the amount. On whether a return is required, see Is an inheritance tax return required?. Our office does not give tax consultation.

For the overall picture of deadlines, see Summary of deadlines in inheritance procedures.

What can and cannot be asked of an administrative scrivener?

Yotsuba Administrative Scrivener Office collects family registers, investigates heirs, organises the inheritance relationship, organises estate materials, prepares the documents used for the application for a certified list of statutory heirs and prepares estate division agreements and similar documents.

Whether a withdrawal is granted is decided by each financial institution. Our office does not guarantee the outcome.

  • Whether a withdrawal is granted, the prescribed forms and counter practice → each financial institution
  • Renunciation of inheritance, qualified acceptance, judgement on whether an act amounts to statutory simple acceptance, disputes among heirs → an attorney
  • Preparation of documents to be filed with the Family Court, inheritance registration → a judicial scrivener or attorney
  • Inheritance tax returns and tax computation → a tax accountant
  • Sale appraisal and brokerage of inherited real estate → Yotsuba Real Estate Co., Ltd.

Yotsuba Administrative Scrivener Office and Yotsuba Real Estate Co., Ltd. respond as separate business entities under separate contracts. Our office receives no referral fee. For the sale or use of inherited real estate, see Consultation on inherited real estate. For the flow of inheritance registration, see How does inheritance registration proceed?.

How can a consultation proceed in Bunkyo Ward?

Yotsuba Administrative Scrivener Office (Kohinata, Bunkyo Ward; about five minutes on foot from Myogadani Station) guides collection of family registers, investigation of heirs, organisation of estate materials, matters relating to the certified list of statutory heirs and preparation of estate division agreements step by step.

For the flow of engagement see Flow of engagement, for fees see Schedule of fees, and for the overall picture of inheritance work see Inheritance, wills and trusts service.

FAQ

Q. Can funeral costs be withdrawn from a deceased parent's account?
A. Even before estate division, Civil Code Article 909-2 allows a co-heir to receive a withdrawal alone up to an amount calculated for each account as one third of the amount of the claim at the time the inheritance commenced multiplied by that co-heir's statutory share. The exercise of the right against the same financial institution is limited to 1.5 million yen. The actual outcome and the required documents are determined by each financial institution.

Q. Is the 1.5 million yen limit per account?
A. The provision sets the limit as "the amount specified by Ordinance of the Ministry of Justice for each obligor of the deposit claim", and that amount is 1.5 million yen (Ordinance of the Ministry of Justice No. 29 of 2018). The Ministry of Justice explains it as the limit on the exercise of the right against the same financial institution. Confirm the treatment of multiple accounts at the same institution with that institution.

Q. Does receiving a withdrawal make renunciation of inheritance impossible?
A. Civil Code Article 921, item 1 provides that an heir who disposes of all or part of the inherited property is deemed to have made a simple acceptance. Whether receiving and spending a withdrawal amounts to a disposal depends on the individual circumstances. If renunciation of inheritance or qualified acceptance is being considered, confirm with an attorney or a judicial scrivener before the withdrawal.

Q. Will an administrative scrivener carry out the bank's inheritance procedure on my behalf?
A. Yotsuba Administrative Scrivener Office collects family registers, investigates heirs, organises estate materials, handles matters relating to the certified list of statutory heirs and prepares estate division agreements and similar documents. Whether a withdrawal is granted is a decision of each financial institution, and our office does not guarantee the outcome.

Sources (Primary Information)

  • Civil Code (Act No. 89 of 1896), Article 909-2, Article 915, paragraph 1 and Article 921, item 1 (e-Gov, confirmed 22 August 2026; last amended by Act No. 45 of 2026, reflecting provisions in force as of 24 June 2026)
  • Domestic Relations Case Procedure Act (Act No. 52 of 2011), Article 200, paragraph 3 (e-Gov, confirmed 22 August 2026; last amended by Act No. 45 of 2026, reflecting provisions in force as of 24 June 2026)
  • Act Partially Amending the Civil Code and the Domestic Relations Case Procedure Act (Act No. 72 of 2018) — Civil Code Article 909-2 and Domestic Relations Case Procedure Act Article 200, paragraph 3 came into force on 1 July 2019
  • Ordinance specifying the amount provided for by Ordinance of the Ministry of Justice under Civil Code Article 909-2 (Ordinance of the Ministry of Justice No. 29 of 2018) — the amount specified is 1.5 million yen (e-Gov, confirmed 22 August 2026)
  • Ministry of Justice, "On the Act Partially Amending the Civil Code and the Domestic Relations Case Procedure Act (reform of inheritance law)" (accessed 22 August 2026)
  • Japanese Bankers Association, "Documents required for deposit inheritance procedures" (accessed 22 August 2026)
  • Japanese Bankers Association, "Q. Is it possible to withdraw a deceased parent's deposits immediately?" (accessed 22 August 2026)
  • Judicial Scrivener Act, Article 3 / Attorney Act, Article 72 / Certified Public Tax Accountant Act, Article 52 / Administrative Scrivener Act, current provisions

This article is general information and does not guarantee the outcome, amount, required documents, treatment by any particular financial institution or relationship with renunciation of inheritance in any individual case. Whether a withdrawal is granted is decided by each financial institution; renunciation of inheritance and qualified acceptance, judgement on whether an act amounts to statutory simple acceptance and disputes among heirs are handled by an attorney; preparation of documents to be filed with the Family Court and inheritance registration by a judicial scrivener or attorney; inheritance tax by a tax accountant; and sale appraisal and brokerage of real estate 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.

Let's start by sorting out your situation.

Yotsuba Gyoseishoshi Office (Kohinata, Bunkyo-ku; a 5-minute walk from Myogadani Station on the Tokyo Metro Marunouchi Line) supports you from organizing the requirements through document preparation and application.

LINE connects you directly to our representative, Joji Uramatsu. Messages are accepted 24/7 and answered in order.

5 min walk from Myogadani Sta. (Tokyo Metro Marunouchi Line)|Tue & Wed 10:00–19:00 / Mon, Thu–Sun 18:00–19:00