“I heard penalties are starting for inheritance. Is that true?”
“Does that apply to me too?”
Have you heard that the rules for inheritance registration are changing?
Actually, this new rule started on April 1.
If you don’t know about it, you might be surprised one day when you suddenly receive a notice from the Legal Affairs Bureau(a formal reminder).
But there’s no need to worry.
To clear up these questions, we visited S Legal Judicial Scrivener Office in Shukugawa Green Town, where we spoke with a professional in inheritance matters.
(Oh, there’s a young woman at reception.) Excuse us!
I’m Sawako Masutani, (Masutani Sawako), a judicial scrivener at S Legal Judicial Scrivener Office.
(Whoa! The judicial scrivener is a woman!) Ah, n-nice to meet you!
I heard that there can be penalties related to inheritance, but before we get into that, what exactly is inheritance in the first place?
Inheritance registration is the legal procedure for taking over someone’s real estate after they pass away. Starting this April, that inheritance registration became mandatory.
What does it mean that it became mandatory?
Until now, it was up to each person whether or not to complete inheritance registration. But more and more vacant homes and vacant lots were left with unknown owners because registration had not been done, and it became a social issue.
Ah, I see. You do come across abandoned vacant houses sometimes.
So the law was revised, and now heirs must complete registration within three years from the day they learn that they acquired real estate through inheritance.
So if you don’t register within three years, could there be a penalty?
Yes. Strictly speaking, it’s called an administrative fine, not a criminal fine, but as a penalty, an administrative fine of up to 100,000 yen may be imposed.
What’s the difference between a criminal fine and an administrative fine?
A criminal fine is a criminal penalty and results in a criminal record. An administrative fine is a monetary penalty collected for violating an administrative obligation.
For example, if someone has an unusually large number of siblings and can’t complete the registration within three years, would they still be fined?
In those kinds of cases, it may be considered a “valid reason,” and no administrative fine will be imposed. There is also a new support system called heir declaration registration.
Hmm? Is that different from regular registration?
This is a procedure you can use when the three-year deadline is approaching. If you notify the Legal Affairs Bureau by saying, in effect, “I am an heir,” you can be excluded from the penalty.
That’s super convenient!
However, this is only a temporary measure, so if you later want to sell that real estate, for example, you will still need to complete inheritance registration.
Ms. Masutani, is it possible to do inheritance registration yourself?
Yes, in principle, you can file the registration application yourself. However, depending on the case, you may have to visit the Legal Affairs Bureau several times, and collecting or preparing the documents can become complicated.
Hmm, if you’re busy or have a large family, that sounds like it could be pretty hard…
Exactly. Especially if there are many heirs, or if some of the heirs have already passed away, even just preparing the documents can be a major undertaking. That’s why asking a professional judicial scrivener allows you to leave most of the procedures to them, which gives you peace of mind.
So there really are big advantages to asking a professional.
Yes. If inheritance registration is left undone, heirs may pass away, and the number of heirs can keep increasing. When that happens, it takes an enormous amount of time and effort to complete the procedures later.
So basically, it’s better to handle it early.
