JapanScope and order of statutory heirs?
In Japan, statutory heirs are determined in a strict order: (1) children, (2) parents, (3) siblings — with spouses always inheriting alongside them. Predeceased children are represented by their descendants.
What the Law Says
Japanese inheritance law defines who qualifies as a statutory heir and the priority order in which they inherit when there is no valid will.
Statutory heirs in Japan are strictly ordered by law. The Civil Code sets three tiers of blood relatives — children, then parents, then siblings — and the surviving spouse inherits alongside whichever tier applies.
If a child has died before the decedent, their children (i.e., the decedent’s grandchildren) inherit by representation. The same applies to siblings’ children if the sibling predeceased the decedent — but only if no closer heirs exist.
A person is disqualified from inheriting if they intentionally caused the decedent’s death, concealed or forged a will, or committed serious misconduct against the decedent — unless later forgiven in writing.
Statutory TextThe following persons shall be heirs: (i) the spouse of the deceased; (ii) children of the deceased; (iii) direct ascendants of the deceased; and (iv) siblings of the deceased.
— Civil Code, s. 887 — Heirs
Statutory TextIf a child of the deceased has predeceased the deceased, the child's descendants shall succeed to the inheritance in place of the child.
— Civil Code, s. 889(1)(i) — Representation by descendants
Statutory TextIf a sibling of the deceased has predeceased the deceased, the sibling's children shall succeed to the inheritance in place of the sibling, provided that there is no heir falling under the provisions of paragraph (1) or (2).
— Civil Code, s. 889(1)(ii) — Representation by nieces/nephews
Statutory TextAn heir who has intentionally caused the death of the deceased... or has concealed, altered, destroyed or forged the will of the deceased... shall lose the right to inherit.
— Civil Code, s. 891 — Disqualification of heirs
What to Do
Confirm whether the deceased left a valid will — statutory heirs apply only if there is no will or the will is invalid.
Identify all living statutory heirs in order: start with children (including adopted), then parents, then siblings — always including the surviving spouse.
Check for disqualification (e.g., intentional harm to decedent) or renunciation of inheritance (must be filed within 3 months of learning of inheritance).
File inheritance registration at the Legal Affairs Bureau within 10 years to update real estate titles.
Submit inheritance tax return to the tax office within 10 months of death if total estate exceeds ¥36 million.
Sources
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US-New YorkNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.