Inheritance Procedures When a Japanese Parent Dies and the Japanese Heir Lives in Hong Kong
This article explains inheritance procedures when the decedent was Japanese and lived in Japan, while the heir remains a Japanese national living in Hong Kong. Japanese law is definitively the governing law, and the signature certificate and certificate of residence from the Consulate-General of Japan in Hong Kong replace the seal registration certificate. The process and estimated timeframes are organized here.
Inheritance Procedures When a Japanese Parent Dies and the Japanese Heir Lives in Hong Kong
A Japanese parent who lived in Japan has died, while I, the heir, continue to hold Japanese nationality and live in Hong Kong. Bank deposits or real estate remain in Japan—people arrive at this situation through assignments, local employment, relocation, and various other circumstances.
With this combination, where the decedent is Japanese, the applicable law is definitively Japanese law. The heirs can also be identified entirely through Japanese family registers. The remaining issue is simply that an inkan registration certificate cannot be prepared.
Key Points of This Article
- If the decedent is Japanese, Japanese law is the governing law. The heir being in Hong Kong does not affect the scope of the heirs or their inheritance shares.
- Because the decedent’s family registers are available, identifying the heirs proceeds as usual. A statutory inheritance information chart can also be used.
- If you have not submitted a notification of moving out of Japan for an overseas relocation, you can obtain a seal registration certificate.
- If you have removed your resident registration, obtain a signature certificate and certificate of residence from the Consulate-General of Japan in Hong Kong.
- There is no need to prepare a notarization or affidavit from a Hong Kong notary.
1. Japanese Law Is the Governing Law
Under Japan’s Act on General Rules for Application of Laws, succession is governed by the decedent’s national law. If the decedent held Japanese nationality, the national law is Japanese law.
Who the heirs are, the amount of each statutory inheritance share, and whether there is a reserved portion are all determined under Japan’s Civil Code. The heir’s residence in Hong Kong does not change the determination.
2. Confirm Whether You Have Resident Registration
Seal registration is a system for people who have resident registration with a municipality in Japan. If you have not submitted a notification of moving out of Japan, your residence record and seal registration remain in place. In that case, you can authorize family in Japan to obtain a seal registration certificate and complete the procedures in the same way as someone living in Japan.
The subsequent steps differ depending on whether your resident registration remains. If you are unsure of your situation, family in Japan can confirm it at the municipal office.
The following explanation is for people who have removed their residence record.
3. Two Certificates Obtained from the Consulate-General of Japan in Hong Kong
| Certificate | What it replaces |
|---|---|
| Signature certificate (signature certification) | Registered seal and seal registration certificate |
| Certificate of residence | Residence record (proof of current address) |
The application requires a passport, the document to be signed, and materials proving your current address (such as a lease agreement or utility bill).
Two Forms of Signature Certificate
- Bound-together form: A form in which the document, such as an inheritance division agreement, is bound together with the certificate, which certifies that you signed that document
- Standalone form: A form that is separate from the document and certifies the signature itself
Which form is required depends on the recipient. The standalone form can be obtained without waiting for the inheritance division agreement to be completed.
For Japanese nationals, authentication by a Hong Kong notary public is not required.
4. The Work on the Japan Side Can Be Completed in Japan
When the decedent is Japanese, the work that can be carried out in Japan is as follows.
- Collecting family registers covering the decedent’s life from birth through death
- Preparing a diagram explaining the inheritance relationship and a statutory inheritance information chart
- Investigating assets (inquiries to financial institutions and confirmation of real estate)
- Preparing the inheritance division agreement
- Preparing inheritance notification documents for each financial institution
Using a statutory inheritance information chart allows you to receive as many copies of the chart as needed. They can be submitted to multiple financial institutions at the same time.
5. How You Receive the Assets
Refunds of deposits in Japan are, in principle, transferred to an account in Japan. The receiving procedure differs depending on whether you maintain a Japanese account. An account with no activity for a long period may be treated as a dormant deposit.
If you inherit real estate in Japan, management, payment of fixed asset tax, and a future sale remain to be handled.
6. Estimated Timeframe
| Procedure | Deadline |
|---|---|
| Renunciation of inheritance or qualified acceptance | Three months from when you learned that the inheritance commenced |
| Filing and payment of inheritance tax | Ten months from the day after you learned of the death |
| Inheritance registration of real estate | Three years from when you learned of the acquisition (mandatory) |
The overall estimate is 4–6 months.
| Process | Estimate |
|---|---|
| Collecting family registers and identifying heirs | 1–2 months |
| Investigating assets | Approximately 1 month (can proceed in parallel) |
| Preparing and agreeing on the inheritance division agreement | Several weeks |
| Obtaining the signature certificate and international mailing | 3 weeks–1 month |
| Submission to and refunds from each financial institution | 2 weeks–1 month per institution |
Hong Kong is one hour behind Japan, and mail generally arrives in a relatively short period.
Services of Our Office
Gyoseishoshi Arch Office has been based in Osaka and involved for more than 15 years in procedures for people who travel to and from overseas. We handle document correspondence in Japanese, Chinese, and English.
- Confirming resident registration status
- Collecting family registers in Japan and preparing an inheritance relationship diagram and statutory inheritance information chart
- Preparing the inheritance division agreement
- Supporting account closure and refund procedures with financial institutions
- Coordinating with judicial scriveners when inheritance registration is required and with tax accountants when an inheritance tax return is required
Frequently Asked Questions
Q. Can I complete the procedures without returning to Japan from Hong Kong? A. If the inheritance primarily involves bank deposits, there are many cases in which it can be completed without returning to Japan.
Q. Is authentication by a Hong Kong notary required? A. It is not required when a Japanese national uses a signature certificate from the Consulate-General.
Q. The heirs are divided between Japan and Hong Kong. A. The procedures can proceed even if the heirs live in different places. The heir in Japan participates in the same agreement using a seal registration certificate, while the heir in Hong Kong participates using a signature certificate.
Q. Do I also have to pay Japanese inheritance tax while I am in Hong Kong? A. Assets located in Japan are subject to Japanese inheritance tax regardless of the heir’s address or nationality. A tax accountant must confirm the scope of taxation.
Contact Us
For a consultation, please prepare the decedent’s date of death, the number and locations of the heirs, your resident registration status, and the types of assets in Japan. We can respond in Japanese or Chinese.
Related Articles
- When a Japanese parent dies and one of the heirs is a foreign national living in Hong Kong
- When a Hong Kong resident in Japan dies and the heir is in Hong Kong
- When a parent who lived in Hong Kong dies leaving assets in Japan
- What are signature certificates and signature certifications for people living overseas?
Please contact us before Japanese inheritance procedures stall
We confirm the heirs, assets, deadlines, and required documents, then organize the order of the Japanese-side procedures. Consultation is available in English and Chinese.
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