When a Japanese Parent Dies and the Chinese-Nationality Heir Lives in China

The decedent was Japanese and lived in Japan. The heir—yourself—is a Chinese national living in China. This may apply to a spouse who married a Japanese national, a child who did not acquire Japanese nationality, or someone who renounced Japanese nationality, among other situations.

To state the conclusion first, nationality does not affect the right to inherit. Being a Chinese national does not exclude you from an inheritance in Japan.

The issue is how to prove it. Moreover, the obstacles are completely different from those where a Japanese-nationality heir lives in China. Although the inability to obtain an inkan certificate is common to both situations, the solution is different; even before that, the way to establish proof that “you are an heir” is different.

Key Points of This Article

• If the decedent was Japanese, Japanese law is the governing law. Even if the heir is a Chinese national, the scope of the heirs and their shares are determined under the Japanese Civil Code.
• Even if the heir is a Chinese national, the relationship can be traced through the Japanese family register. Marriage, birth, and loss of nationality are recorded in the decedent’s family register, so identifying the heirs itself generally proceeds in the usual way.
• A signature certificate can replace an inkan certificate, and the same applies whether the heir is Japanese or Chinese. The difference is the issuing authority: a Chinese national obtains it from a notarial office, not a Japanese diplomatic mission abroad.
• An apostille is often unnecessary. Japanese recipients generally accept a notarial deed with a Japanese translation, so it is enough to obtain one if it is requested.
• There are forms of signature certification that can be obtained without waiting for the estate division agreement to be completed.
• Because a certificate of residence for Japanese nationals is also unavailable, how to prepare proof of address must be considered separately.
• What the family register cannot confirm is the Chinese-nationality heir’s current name, survival, and address. These must be supplemented with Chinese documents.

1. Nationality Does Not Affect Inheritance Rights

Let us confirm this first. The Japanese Civil Code makes no requirements regarding an heir’s nationality. If the decedent was Japanese, the spouse and children are heirs regardless of their nationality.

Accordingly, all of the following have the right to inherit assets located in Japan:

• A Chinese-nationality spouse who married a Japanese national
• A child born to a Japanese parent who chose Chinese nationality
• Someone who was previously Japanese and renounced Japanese nationality

There is no need to worry that “being a foreign national means you cannot participate in an inheritance in Japan.”

Only the method of proving it changes.

2. The Heirs Can Be Identified Through the Family Register

First, let us clear up a common misconception. Even if an heir is a foreign national, as long as the decedent was Japanese, the relationship can be traced through the Japanese family register.

The Japanese family register records the following events.

Therefore, the fact that there is a Chinese-nationality spouse, as well as the fact that there is a child who renounced Japanese nationality, can be confirmed by reviewing the decedent’s family register. The work of identifying the heirs itself is no different from an inheritance involving only Japanese nationals.

What the Family Register Cannot Confirm

The issue lies elsewhere. The Japanese family register does not continue tracking the subsequent personal-status relationships of foreign nationals.

• Whether the person is still alive
• Whether the person has changed their name in their home country
• Where the person currently lives
• Whether any change in personal status has occurred in their home country

These cannot be determined from the Japanese family register. For a Japanese-nationality heir, current family-register records and a residence certificate can confirm survival, name, and address. For a Chinese-nationality heir, these must be supplemented with Chinese documents.

Documents to Prepare in Practice

Do not think of it as “the family register is insufficient, so obtain a notarial deed”; think of it as “use a notarial deed only to supplement what the family register cannot prove.” If the documents that must be obtained in China can be kept to a minimum, the time and cost will be reduced accordingly.

For someone who renounced Japanese nationality, the loss-of-nationality record remains in the removed family-register record, making proof of the parent-child relationship with the decedent relatively easy. If the current name has changed, proving that the person is the same individual becomes the main issue.

3. Where to Obtain a Signature Certificate

A signature certificate can replace an inkan registration certificate. Whether the heir is Japanese or Chinese, the use of a signature and its certification in place of a registered seal and inkan certificate is the same.

The difference is the issuing authority.

Signature certification by a Japanese diplomatic mission abroad is a system for Japanese nationals. Therefore, a Chinese-nationality heir obtains the certificate from a notarial office. It is not that the system is unavailable; only the counter is different.

We receive many inquiries from people who assumed that they could obtain a signature certificate at a Japanese diplomatic mission, contacted a consulate-general, and only then learned that they were not eligible.

Process for Chinese Nationals

1. Have the signature notarized at the notarial office in the place of residence. 2. Submit it to the Japanese recipient together with a Japanese translation.

This is usually sufficient.

Obtain an Apostille Only If Requested

Japanese Legal Affairs Bureaus and financial institutions generally accept a notarial deed when accompanied by a Japanese translation, and situations in which they require an apostille as well are limited. Obtaining one does not automatically increase the document’s validity.

If one is required, the procedure has been simplified. The Hague Convention (the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents) entered into force between Japan and China on November 7, 2023, and consular certification by the Chinese embassy or consulate-general is not required. Please be aware that much information from before this change remains online.

Completion of the Estate Division Agreement Is Not a Prerequisite

A notarial office may notarize a Japanese estate division agreement after it has been signed, or may notarize the signature itself. With the latter format, the certificate can be obtained even before the agreement is completed.

Certification Does Not Guarantee the Contents

Notarization and an apostille only certify that a signature or seal is genuine. Whether the contents of the document meet the requirements of the Japanese recipient is an entirely separate issue.

A document that has already been notarized but is rejected by a Japanese financial institution is the most costly mistake for a Chinese-nationality heir. Gyoseishoshi Arch Office has clients begin work on the Chinese side only after confirming the necessary requirements with the Japanese recipient.

4. Proof of Address Is Also Required Separately

An often-overlooked point is that Chinese nationals cannot use the certificate of residence available to Japanese nationals.

Where proof of the heir’s address is required, such as in an inheritance registration for real estate, the following may be used instead:

• Household register (户口簿)
• A notarial deed concerning the address prepared by a notarial office

What is required depends on the recipient, so confirming this in advance is essential.

5. The Question of How to Receive the Money

Refunds of deposits in Japan are, in principle, transferred to an account in Japan. If a Chinese-nationality heir living in China does not have a Japanese account, the following must be considered:

• Whether the financial institution can handle an overseas transfer (practices differ by institution)
• Receiving the money in another heir’s account and settling the amount later

China’s foreign-exchange controls must also be taken into account.

The practical burden of receiving the assets depends on who inherits which assets.

6. Inheritance Tax

Assets located in Japan are subject to Japanese inheritance tax regardless of the heir’s nationality or address. Being a Chinese national living in China does not make the assets exempt.

On the other hand, whether assets located outside Japan are also subject to Japanese taxation varies depending on the addresses, nationalities, and past residence histories of the decedent and each heir. When an heir is a foreign national living outside Japan, this determination is an issue that must be checked. Gyoseishoshi Arch Office works with tax accountants experienced in international matters.

7. Estimated Timeline

Because a Chinese-nationality heir must obtain multiple documents in China, the process takes longer than it does for a Japanese-nationality heir. Allow 5–7 months overall. The stages build up as follows.

If the notarial deed must be obtained again because its contents are defective, an additional 1–2 months will be required.

Services of Gyoseishoshi Arch Office

Based in Osaka, Gyoseishoshi Arch Office has handled procedures between Japan and China, including applications for statuses of residence, for more than 15 years. We routinely handle documents related to international marriage and nationality and can provide support in Chinese.

When the decedent was Japanese and the heir is a Chinese national, we assist with the following:

• Separating what the family register cannot prove (which Chinese documents should supplement the current name, survival, and address)
• Confirming the necessary requirements with the Japanese recipient and identifying the type and contents of the notarial deed to request from the notarial office
• Collecting family-register records in Japan and preparing an inheritance relationship diagram
• Preparing an estate division agreement in a format that a China-based heir can have notarized
• Supporting account closure and refund procedures with financial institutions
• Coordinating with a judicial scrivener when inheritance registration is required and with a tax accountant when an inheritance-tax return is required

Frequently Asked Questions

Q. Can a Chinese national inherit an estate in Japan? A. Yes. The Japanese Civil Code does not make the heir’s nationality a requirement. Only the supporting documents change.

Q. Can I obtain a signature certificate at the Embassy of Japan in China? A. Signature certification by a Japanese diplomatic mission abroad is a system for Japanese nationals. A Chinese national obtains a signature certificate from a notarial office. The use of a signature certificate is the same; only the counter is different.

Q. The heirs include both Japanese and Chinese nationals. A. This is common. The documents each heir must prepare differ, and the procedure cannot be completed until everyone’s documents are ready. It is important to assign at the outset who will prepare which documents.

Q. I have renounced Japanese nationality. Will the procedure be more difficult? A. The parent-child relationship can be traced through the Japanese family register, so proof is actually easier. The record of loss of nationality in the removed family-register record is the basis. However, the signature certificate must be obtained from a notarial office.

Q. Can’t the family register alone prove who the heirs are? A. It can prove the relationship. What is missing is proof that the Chinese-nationality heir is still alive and is the same person as the individual in the family register. Only that part is supplemented with Chinese documents.

Q. Can I submit documents in Chinese as they are? A. A Japanese translation must be attached. The estate division agreement itself is prepared in Japanese, and the heir signs it after its contents have been explained. Gyoseishoshi Arch Office can provide the explanation in Chinese.

Contact Us

When a Chinese-nationality heir is involved, the starting point is separating what the family register can prove from what must be supplemented with Chinese documents.

For a consultation, please prepare the decedent’s date of death, your nationality and relationship to the decedent, the circumstances of acquiring or renouncing nationality, whether your current name matches the family-register record, and the types of assets located in Japan. We can assist in either Japanese or Chinese.

Related Articles

• Inheritance procedures when a Japanese parent dies and the heir remains a Japanese national living in China
• When a Chinese national living in Japan dies and the heirs are in China
• When a parent who lived in China dies leaving assets in Japan
• Procedures when an heir is not a Japanese national
• Inheritance procedures for an overseas resident who cannot obtain an inkan certificate