“I heard penalties are starting for inheritance matters. Is that true?”
“Does this 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 a notice from the Legal Affairs Bureau(a reminder letter) suddenly arrives.
But don’t worry.
To clear up these questions, we went to speak with the inheritance professionals at S Legal Judicial Scrivener Office in Shukugawa Green Town.
(Oh, there’s a receptionist here.) Thanks for having us!
I’m Sawako Masutani (Masutani Sawako), a judicial scrivener at S Legal Judicial Scrivener Office.
(Whoa! The judicial scrivener is a woman!) Ah, um, nice to meet you!
I heard that there may be penalties related to inheritance, but before that, what exactly is inheritance?
Inheritance registration is the legal procedure for transferring a deceased person’s real estate. Starting this April, that inheritance registration became mandatory.
What does it mean that it became mandatory?
Until now, it was up to you whether or not to register an inheritance. But the number of vacant houses and empty lots with unknown owners increased because registrations were neglected, 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 register within three years from the day they learn that they have acquired real estate through inheritance.
Does that mean if you don’t register within three years, there’s a penalty?
Yes. To be precise, it’s called a non-penal fine, not a criminal fine, but as a penalty, you may be subject to a non-penal fine of up to 100,000 yen.
What’s the difference between a criminal fine and a non-penal fine?
A criminal fine is a criminal punishment and results in a criminal record. A non-penal fine is a monetary penalty collected for violating an administrative obligation.
By the way, if someone has an unusually large number of siblings and can’t complete the registration procedure within three years, would they still be fined?
In cases like that, it is considered that there is a “valid reason,” so a non-penal fine will not be imposed. There is also a new support system called heir declaration registration.
Huh? Is that different from regular registration?
This is a procedure where, if the three-year deadline is approaching, you can notify the Legal Affairs Bureau that “I am an heir”, and then you can be excluded from the scope of penalties.
That’s really convenient!
However, this is only a temporary measure, so if you want to sell that real estate in the future, inheritance registration will still be required.
Masutani-sensei, is it possible to handle inheritance registration yourself?
Yes, basically, you can apply for registration yourself. However, depending on the situation, you may have to go to the Legal Affairs Bureau multiple times, and collecting and preparing the documents can become complicated.
Hmm, if you’re busy or have a large family, that sounds pretty tough…
Exactly. Especially if there are many heirs, or if some of the heirs have already passed away, just preparing the documents can be a major undertaking. That’s why asking a specialist, a judicial scrivener, lets you leave almost all of the procedures to them, which is reassuring.
So there really are big advantages to asking an expert.
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 take care of it early.
