Must I inherit the deceased's debts?

What the Law Says

Japanese civil law gives heirs the right to choose whether to accept or renounce an inheritance — including all associated debts. Renouncing inheritance means you are treated as if you were never an heir, and thus bear no responsibility for the deceased’s debts.

Under the Japanese Civil Code, inheritance is not automatic: heirs must either accept it (unconditionally or with benefit of inventory) or formally renounce it. If you accept, you become jointly liable for the deceased’s debts up to the value of the inherited assets — unless you choose limited acceptance (benefit of inventory), which restricts liability to the estate’s assets.

Renunciation must be filed with the family court that has jurisdiction over the deceased’s last domicile. It must be done within three months of becoming aware of the inheritance — not from the date of death, but from when you learned you were an heir. The filing requires a written statement and payment of a ¥10,000 court fee.

Once renounced, you cannot later reverse the decision. You also lose all rights to inherit assets — but crucially, you avoid all debt obligations.

Statutory Text

An heir may renounce inheritance by making a declaration to the family court having jurisdiction over the domicile of the decedent.

— Civil Code, s. 938 — Renunciation of Inheritance

Statutory Text

The period for renouncing inheritance shall be three months from the time the heir becomes aware of the commencement of inheritance.

— Civil Code, s. 939 — Period for Renunciation

Statutory Text

An heir who has renounced inheritance shall be deemed never to have been an heir.

— Civil Code, s. 940 — Effect of Renunciation

What to Do

Sources