The Role of Notaries in Japanese Inheritance Procedures – Guide for International Estate Professionals

Introduction

When handling inheritance procedures in Japan, international estate professionals often have questions about the role of “notaries public” (koshonin).

In Western countries, notaries often play important roles in inheritance procedures, including authenticating wills, creating estate inventories, and supervising distribution of assets to heirs. However, Japan’s notary system differs significantly from Western systems.

Most important point: In Japanese inheritance procedures, notary involvement is never legally required and is entirely optional.

This article explains the actual role of notaries in Japanese inheritance procedures and important points that international estate professionals should understand.

Basics of Japan’s Notary System

What Is a Koshonin (Notary Public)?

Japanese notaries are public officials appointed by the Minister of Justice under the Notary Public Act. Their main role is to create notarized documents (koseishoho) concerning legal acts between private individuals and other facts, and to provide authentication for private documents and articles of incorporation.

Main duties of notaries:

• Creating notarized documents
• Authenticating private documents
• Authenticating articles of incorporation
• Affixing certified dates

Important point: Unlike Western notaries, Japanese notaries do not have authority to manage or supervise inheritance procedures themselves. Moreover, notary involvement is never legally required in inheritance procedures.

Notary Public Offices

Notaries conduct business at notary public offices (kosho yakuba) throughout Japan. These offices are established within the jurisdictional areas of Legal Affairs Bureaus and District Legal Affairs Bureaus, with approximately 300 offices nationwide.

Types of Wills in Japan and Notary Involvement

Japanese Civil Code recognizes the following three will formats:

Holographic Will (Jihitsu Shosho Yuigon)

• Testator writes entire text, date, and name in own handwriting and affixes seal
• Since January 13, 2019, property inventory can be computer-created
• Family court probate required (except when Legal Affairs Bureau custody system is used)
• Notaries have no involvement whatsoever

Notarized Will (Koseishoho Yuigon)

• Testator orally conveys will’s intent to notary, who records it in writing
• Requires presence of 2 or more witnesses
• No family court probate required
• Notary involves in will creation

Secret Will (Himitsu Shosho Yuigon)

• Can keep will contents secret
• Sealed before notary public and 2 or more witnesses
• Probate required
• Rarely used in practice
• Notary involves in sealing (not in content creation)

Important facts:

• Many people choose holographic wills
• The majority of people do not create wills at all
• Notarized wills and secret wills are merely options among three choices
• Even without leaving a will, inheritance procedures are completed through statutory inheritance

Notary Roles in Inheritance Procedures (All Optional)

1. Creating Notarized Wills (Completely Optional)

One situation where notaries may involve in inheritance is creating notarized wills. However, this is not legally required and is a completely optional choice.

Creation procedure:

1. Testator visits notary office (or notary makes house call)
2. Presence of 2 or more witnesses
3. Testator orally conveys will’s intent to notary
4. Notary records it and reads it to testator and witnesses
5. Testator and witnesses sign and affix seals
6. Notary signs and affixes seal

Advantages of notarized wills:

• No family court probate required
• Extremely low risk of invalidity due to formal defects
• Original kept at notary office, eliminating risk of loss or alteration
• Notary’s confirmation record of testator’s mental capacity remains

Cost: Varies by estate amount, typically several tens of thousands to over 100,000 yen.

Repeated emphasis: Creating notarized wills is not legally required and is a completely optional choice. Holographic wills are also valid, and even without leaving a will, inheritance procedures are completed through statutory inheritance.

2. Sealing Secret Wills (Completely Optional)

For secret wills, the testator seals the will they created and has it sealed before a notary and 2 or more witnesses. The notary certifies the fact of sealing but does not involve in will contents.

In practice, secret wills are rarely used. This format is also a completely optional choice.

3. Notary Authentication of Estate Division Agreements (Completely Optional)

After heirs reach an estate division agreement, they can have the notary authenticate the estate division agreement document. However, this is completely optional and not legally required.

Significance of authentication:

• Identity verification of creators (signatories)
• Clarification of creation date
• Assurance of document authenticity

Important note: Notaries do not examine the legality or appropriateness of document contents. They only certify that signatures were made by the persons themselves.

Practical position: Notary authentication of estate division agreements is not legally required and not necessarily common in practice. Registered seal impressions of all heirs plus seal registration certificates are usually sufficient. Valid estate division agreements can be created without notary authentication.

4. Notarized Documents Related to Will Execution (Completely Optional)

When will executors execute will contents, they may create notarized documents such as the following. However, these are also completely optional.

Notarized estate inventory: Making the estate inventory prepared by the will executor into a notarized document can assure its authenticity.

Will execution completion certificate: A notarized document certifying that the will executor has completed will execution.

Practical position: Creation of these notarized documents is also not legally required and often created as private documents in practice. Will execution is possible without notary involvement.

5. Notary Role in Inheritance Renunciation (No Involvement)

Important: Inheritance renunciation requires petition to family court; notaries have no involvement whatsoever.

While some Western countries have systems where renunciation declarations are made before notaries, in Japan inheritance renunciation must always be made to family court.

Inheritance Procedures Not Involving Notaries

Notaries have no involvement whatsoever in the following inheritance procedures. These procedures are completed without notaries.

1. Heir Identification

Heirs are identified through koseki transcripts. Notaries do not investigate or identify heirs.

2. Conducting Estate Division Negotiations

Estate division negotiations among heirs are conducted by heirs only. Notaries do not witness or preside over negotiations.

3. Estate Investigation and Management

Estate investigation and management are conducted by heirs or will executors. Notaries do not investigate or manage property.

4. Execution of Estate Distribution

Actual estate distribution execution, such as bank account closure/withdrawal and real estate title transfer, is conducted by heirs. Notaries do not execute or supervise estate distribution.

5. Inheritance Tax Filing

Inheritance tax filing is made by heirs to tax authorities. Notaries have no involvement.

6. Real Estate Inheritance Registration

Real estate inheritance registration is made to Legal Affairs Bureaus. Notaries do not involve in registration procedures.

Comparison with Western Notary Systems

Western Notaries (Especially Civil Law Countries)

Main roles:

• Will creation and custody
• Heir identification
• Estate inventory creation
• Estate division supervision
• Estate management
• Inheritance tax filing support

In many civil law countries, notaries play central roles throughout inheritance procedures, and their involvement is often legally required.

Japanese Notaries

Main roles:

• Notarized will creation (one optional choice)
• Secret will sealing (optional and rarely used)
• Document authentication (optional)

Japanese notaries do not perform any legally required roles in inheritance procedures. Many people choose holographic wills, and the majority do not create wills at all. Notary involvement in inheritance procedures is entirely optional.

Main Differences

Important Practical Points

1. Avoid Excessive Expectations of Notaries

When international estate professionals handle Japanese cases, expecting “procedures will progress by requesting notaries” is incorrect. Japanese notaries do not perform any legally required roles in inheritance procedures. Even when creating wills, notarized wills and secret wills are merely optional choices; many people choose holographic wills, and the majority do not create wills at all.

2. Notary Involvement in Will Creation (Optional)

When decedents create wills in Japan during life, notarized wills are one useful option. Since probate is unnecessary and immediate execution possible, inheritance procedures are streamlined. However, this is not legally required; holographic wills are also valid, and even without leaving a will, inheritance procedures are completed through statutory inheritance.

3. Estate Division Agreement Authentication Is Optional

Notary authentication of estate division agreements is not legally required; registered seals and seal registration certificates are usually sufficient. Requesting notary authentication is only when particularly strong assurance of document authenticity is desired. Valid estate division agreements can be created without notary authentication.

4. Heirs Are the Principals in Inheritance Procedures

Japanese inheritance procedures are basically conducted with heirs themselves as principals. Notaries may optionally involve in specific aspects but perform no required roles.

5. Selecting Professionals

Practically important professionals in Japanese inheritance procedures are:

Lawyers (bengoshi): Estate division agreement representation, inheritance dispute resolution

Judicial scriveners (shiho shoshi): Real estate inheritance registration, koseki collection

Tax accountants (zeirishi): Inheritance tax filing

Administrative scriveners (gyosei shoshi): Estate division agreement document preparation support, koseki collection (limited to heir requests)

Notaries have a different position from these professionals, and their involvement is entirely optional.

Important Points for Probate Genealogists

1. Notaries Do Not Search for Heirs

Japanese notaries do not investigate or search for heirs. When heirs’ whereabouts are unknown, separate specialist consultation is necessary.

2. Notaries Do Not Manage Estates

Notaries do not have authority to manage or preserve inherited property. When estate administrators are needed, family court petition is required.

3. Notaries Do Not Handle Inheritance Procedures

Notaries do not handle specific inheritance procedures such as bank deposit withdrawal or real estate title transfer.

4. Language Constraints

Japanese notary offices basically respond only in Japanese. Creating notarized documents in foreign languages requires interpreters and is often practically difficult.

5. Notary Involvement Is Entirely Optional

In Japanese inheritance procedures, notary involvement is never legally required. Inheritance without wills, inheritance through holographic wills, inheritance through estate division agreements without notary authentication—all are completely valid.

Conclusion

The role of notaries in Japanese inheritance procedures is extremely limited compared to Western countries. More importantly, in Japanese inheritance procedures, notary involvement is never legally required and is entirely optional.

Notarized wills and secret wills are merely options among three will formats. Many people choose holographic wills, and the majority do not create wills at all. Even without leaving a will, inheritance procedures are completed through statutory inheritance.

Notary authentication of estate division agreements is also optional; registered seals and seal registration certificates are sufficient. Notarized documents related to will execution are also optional.

Inheritance procedures themselves are basically conducted with heirs as principals. Notaries do not conduct heir identification, estate investigation/management, estate division supervision, or asset distribution execution.

Our institute provides support services for international inheritance cases, including koseki analysis and basic family relationship research. Please feel free to contact us if you encounter difficulties with Japanese inheritance cases.

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Related Articles:

• Modern Japanese Inheritance Law – Essential Knowledge for International Estate Professionals
• Why Do Japanese Inheritance Cases Require Multiple Koseki?
• Types and Effect of Wills in Japan

Reference Laws:

• Notary Public Act
• Civil Code Part 5 “Inheritance”
• Notary Public Fee Order