Who should be the executor of a will? The duties and how appointment works, explained plainly

In short: an executor of a will is the person who carries out the will's contents and holds the rights and duties to manage the estate and do everything necessary for executing the will (Article 1012, paragraph 1 of the Civil Code). You can name an executor in the will, or entrust the designation to a third party (Article 1006, paragraph 1); where the will has no provision or the executor is gone, the family court appoints one on the request of an interested party (Article 1010). You can make an administrative scrivener or a trusted third party the executor, but the exclusive fields are handed off separately — registration to a judicial scrivener, inheritance-tax filing to a tax accountant, and disputes among heirs to a lawyer. This article is general information organising the executor's duties, powers, designation and appointment from an administrative scrivener's view; it does not make the final decision on whom to appoint or give advice on contentious matters.

What does an executor do, and what powers do they have?

An executor of a will is the person who, after the testator's death, carries out what the will provides. Article 1012, paragraph 1 of the Civil Code provides that the executor "holds the rights and duties to manage the estate and to do all other acts necessary for executing the will, in order to realise the will's contents."

Provision	Summary of the power/duty
Civil Code Article 1012, paragraph 1	The rights and duties to manage the estate and do all other acts necessary for executing the will
Civil Code Article 1012, paragraph 2	Performance of a bequest may be carried out only by the executor
Civil Code Article 1007, paragraph 2	On beginning the duties, the executor must without delay notify the heirs of the will's contents (made explicit by the reform effective 1 July 2019)
Civil Code Article 1015	An act done within the executor's powers, indicating that it is by the executor, takes effect directly against the heirs
Civil Code Article 1013, paragraphs 1 and 2	Where there is an executor, the heirs cannot do acts that obstruct the execution, and an act in violation is void (but cannot be asserted against a good-faith third party)

In other words, once an executor takes office, performance of bequests and changes of title proceed mainly through the executor, and the heirs are restricted from disposing of property on their own. Within the scope of administrative-scrivener work, Yotsuba Administrative Scrivener Office supports preparing wills and, where an administrative scrivener takes office as executor, the related duties.

Do you name the executor in the will, or does the family court choose?

There are broadly two ways to decide on an executor.

Way	Basis	Content
Name in the will	Civil Code Article 1006, paragraph 1	The testator names one or more executors in the will. The designation may also be entrusted to a third party
Appointment by the family court	Civil Code Article 1010	Where there is no executor, or the executor is gone, the family court appoints one on the request of an interested party

A person named in the will may choose whether to accept the office. Once accepted, they must begin the duties immediately (Civil Code Article 1007, paragraph 1). Where the will names no executor, or the named person declines or dies, you petition the family court for an appointment. This appointment petition follows the procedure of the Domestic Relations Case Procedure Act (an adjudication case in Appended Table 1). Note that a minor and a bankrupt cannot be an executor (Civil Code Article 1009).

Can you make an administrative scrivener or a trusted third party the executor?

The executor may be one of the heirs or a third party other than the heirs. You can name a professional such as an administrative scrivener, or a trusted acquaintance. Where the heirs' interests are likely to conflict, or where a single person has no relative to rely on, naming a neutral third party as executor makes the procedure easier to run.

The executor's remuneration may be set in the will. If it is not set, the family court may set it, taking into account the state of the estate and other circumstances (Civil Code Article 1018).

The choice between the two forms of will (a holographic will or a notarised will) is organised in The difference between a holographic and a notarised will. Naming the executor in a notarised will means probate is unnecessary and it is easier to move into the post-acceptance procedures. Yotsuba Administrative Scrivener Office supports preparing wills within the scope of administrative-scrivener work and, on request, will take office as executor. However, the final decision on whom to appoint rests with you.

What if there is an executor but nothing happens?

A named executor may not accept the office, or after taking office may neglect the duties so that the procedure stalls. For this, the Civil Code provides the following routes.

Situation	Response	Basis
Whether the office is accepted is unclear	An heir or other interested party may set a reasonable period and demand a definite answer on acceptance (if no definite answer within the period, acceptance is deemed)	Civil Code Article 1008
Neglect of duties, or other just cause	An interested party may request the family court to dismiss the executor	Civil Code Article 1019, paragraph 1
An unavoidable reason on the executor's side	Where there is just cause, the executor may resign the duties with the family court's permission	Civil Code Article 1019, paragraph 2

The executor may, in principle, have a third party perform the duties on the executor's own responsibility (Civil Code Article 1016, paragraph 1; but if the will provides otherwise, that applies). When the procedure stalls, first consider a demand or a petition to the family court. Handling cases with disputes among heirs is a lawyer's field.

Does the executor do registration, cancellation and tax all alone? Who to hand it to?

Broad as the executor's powers are, the executor cannot act as agent for the exclusive work of other professionals. The roles divide as follows.

• Supporting the preparation of the will, taking office as executor, and notifying heirs and beneficiaries and delivering the estate inventory → Yotsuba Administrative Scrivener Office (administrative scrivener)
• Application for the change of title to real estate (inheritance registration / transfer of ownership by bequest) → a judicial scrivener
• Filing and paying inheritance tax → a tax accountant
• Negotiation, mediation and litigation where there is a dispute among heirs → a lawyer

Where there is a "will for succession of specific property" that has specific property succeed to specific heirs, the executor may do the acts necessary for those heirs to acquire the requirements for perfection (Civil Code Article 1014, paragraph 2), and for deposits may request repayment and give notice of cancellation of the contract (paragraph 3 of the same Article). Even so, the registration application itself is a judicial scrivener's work.

A holographic will (one not using the Legal Affairs Bureau storage system) requires the family court's probate before it is opened and executed (Civil Code Article 1004, paragraph 1). A notarised will and a holographic will using the storage system do not require probate (paragraph 2 of the same Article). The probate procedure is explained in When a will is found.

For the whole picture of inheritance procedures, see Inheritance services; for the flow of engagement, see Engagement Flow; and for fees, see Fee Schedule. For matters such as selling inherited real estate, Yotsuba Real Estate Co., Ltd., a separate business, handles them at The desk for inherited real estate. Yotsuba Administrative Scrivener Office and Yotsuba Real Estate Co., Ltd. are separate businesses, and each field is on the premise that you contract separately with each qualified professional as an independent business. Our office receives no referral fee.

FAQ

Q. Must an executor always be appointed?
A. Not for every will. But where the will contains matters only an executor can do, such as acknowledgement of a child or disinheritance, or where there are many heirs or a likely conflict, naming one makes the procedure easier. Even without a provision in the will, an appointment can be petitioned from the family court if the need arises (Civil Code Article 1010).

Q. Can I make an administrative scrivener the executor?
A. Yes. The executor may be an heir or a third party, and you can name a professional such as an administrative scrivener. However, the exclusive fields are handed off separately — registration to a judicial scrivener, inheritance-tax filing to a tax accountant, and contentious cases to a lawyer. Our office handles execution duties within the scope of administrative-scrivener work, on the premise that you contract with each qualified professional separately as an independent business, and receives no referral fee.

Q. What if the named executor declines to accept the office?
A. An heir or other interested party may set a reasonable period and demand acceptance; if there is no definite answer within the period, acceptance is deemed (Civil Code Article 1008). If the office is declined and there is no executor, you petition the family court for an appointment (Civil Code Article 1010). The petition follows the Domestic Relations Case Procedure Act.

Q. Can the executor change the title to real estate by themselves?
A. The executor holds the rights and duties to do acts necessary for executing the will (Civil Code Article 1012, paragraph 1), but the application for inheritance or transfer registration of real estate is a judicial scrivener's work. Under a will for succession of specific property, the executor may do acts to acquire the requirements for perfection and may request repayment and cancellation of deposits (Civil Code Article 1014, paragraphs 2 and 3), but agency for the registration application is handed to a judicial scrivener.

Sources (Primary Information)

• e-Gov Law Search, "Civil Code" (Act No. 89 of 1896), Articles 1004, 1006, 1007, 1008, 1009, 1010, 1012, 1013, 1014, 1015, 1016, 1018 and 1019 (accessed 2026-08-29)
• Ministry of Justice, "Act partially amending the Civil Code and the Domestic Relations Case Procedure Act (reform of inheritance law)" (clarification of the executor's powers and notice on taking office; effective 1 July 2019) (accessed 2026-08-29)
• Courts, "Appointment of an executor of a will" (explanation of the adjudication case in Appended Table 1 of the Domestic Relations Case Procedure Act) (accessed 2026-08-29)
• Ministry of Justice, "Holographic will storage system at the Legal Affairs Bureau" (explanation of cases where probate is unnecessary; relation to Civil Code Article 1004) (accessed 2026-08-29)

This article is general information and does not make the final decision on whom to appoint as executor, nor give advice on contentious individual matters. The validity of a will and whether it can be executed depend on the individual circumstances. The change of title to real estate (inheritance registration or transfer registration by bequest) is handled by a judicial scrivener, inheritance-tax filing by a tax accountant, and disputes among heirs by a lawyer, each as an independent business under a separate contract. Consultation on selling inherited real estate is handled by Yotsuba Real Estate Co., Ltd., a separate business, and 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.