~Inheritance procedure work~

 

The flow of inheritance procedures

 

1 Identification of heirs / Identification of inherited property

 

We will take a copy of the family register from the time of birth of the deceased (the decedent) and confirm the heir.

 

Next, we will investigate the deposits and savings of banks and post offices, real estate such as land and buildings, and identify inherited property.

 

We will also investigate the presence or absence of debt. The debt investigation includes the guarantee debt.

 

2 Consideration of whether to approve inheritance (simple approval)

 

If you have a debt, it may be better to give up the inheritance or make a limited approval, so we will carefully consider the inheritance method.

 

In principle, you have to decide within 3 months.

 

3 Preparation of inheritance division agreement

 

All the heirs will discuss the division of the inheritance and create an inheritance division agreement that summarizes the results.

 

If the discussion of the division of the inheritance is not concluded, it will be a trial or mediation of the family court. If there is a will, we will respect the contents of the will.

 

4 Name change procedure

 

Once the inheritance division consultation is finalized, we will start the name change and processing procedure of the inherited property. For example, it's like the following.

 

●Financial institutions (banks, post offices, securities companies, etc.)

●Real estate such as land and buildings

●Automobiles and motorcycles

 

It is not an inheritance, but the following procedures may also be required.

 

● Life insurance

●Mortgage loan (group credit insurance)

●Telephone, gas, electricity, etc.

●Public pension

 

Our office will handle the procedures of banks, post offices (Japan Post Bank), securities companies, etc. on your behalf without going to them yourself.

 

We will also handle the claim procedure for life insurance (death insurance claim and hospital benefit claim) and the request for medical certificate at the hospital.

 

[Order/acquisition of family registers, revised original family registers, etc.]

 

▼For inheritance procedures, a copy of the heir's family register from birth to death, revised original family register, etc. are required.

 

In addition, a copy of the family register of legal heirs such as spouses and children is also required.

 

Collecting all the family registers is a difficult task both in terms of time and effort.

 

Please leave it to us to acquire the family register.

 

▼Also, for example, the child with the ex-wife will also become a legal heir and a copy of the family register will be required.

 

Even if you are estranged or out of touch, administrative scriveners can obtain a copy of the family register and identify the address by their duties.

 

▼It can be ordered from any municipality in the country, so please request it.

 

~ Will preparation and consultation work ~

 

◇When dividing the inheritance, each heir has a percentage (legal inheritance) stipulated by law, but you can change the percentage depending on the will.

◇Therefore, by making a will, you can leave your own amount of money and specific property for each heir.

◇However, if the will is not prepared in accordance with the law, it will not be effective.

◇In addition, it may be necessary to consider the remaining portions, so please leave the preparation and procedures of the will to the experts.

◇In addition, when the inheritance actually occurs, we will even do the "will execution procedure" that will be carried out reliably according to the contents of the will.

 

Method of will (type of will)

 

(1) Self-written will is the easiest method as a procedure.

The date, signature, and contents will be handwritten and stamped.

 

*For property inventory, you can now create it by creating it on a computer or attaching a passbook copy. ( From January 2019)

 

● Pros

 

1 You can easily create it anytime, anywhere.

2 You can create it yourself, so it doesn't cost money.

3 You can create it without anyone knowing the contents.

 

▲ Cons

 

1 There is a risk of alteration and loss.

2 There is a risk that the will will not be found when the inheritance occurs.

3 There is a risk of conflict due to legal invalidity or ambiguity of the content.

4 It is necessary to submit it to the family court and proceed with probate.

 

*The storage system for autographed wills began in July 2020. By storing it in the Legal Affairs Bureau, you can prevent alteration and loss, and there is no need for probate procedures at the family court.

 

(2)Notarized will is the most secure and reliable method.

 

A method of documenting the will of the testator at the notary office in the presence of two witnesses.

It is created by a notary public, so it is the most secure in the will.

It costs money, but it leads to that much peace of mind.

 

● Pros

 

1 There is no fear of transformation or loss

2 There is no need to worry about becoming legally invalid.

3 There is no need for the probate procedure of the family court.

4 A notary can prove that the testator had normal willpowers at the time of the will.

 

▲ Cons

 

1 It costs money.

2 It takes time and effort to prepare.

3 Confided will This method is not used much in practice.

 

A method of putting a will signed and sealed by the testator in an envelope, sealing it with the same seal as the will, and submitting it in front of two notaries and witnesses to prove that it is their own will. The content is also accepted in word processing.

 

● Pros

 

1 It can be made clear that the will is the testator's.

2 You can create it without anyone knowing the content.

3 It can be cheaper than a notarized will.

 

▲ Cons

 

1 There is a risk of alteration or loss.

 

2 There is a risk that the will will not be found when the inheritance occurs.

 

3 It is legally invalid, and there is a risk of conflict due to the ambiguity of the content.

 

4 It is necessary to submit it to the family court and proceed with probate.

Once you write a will, it's not the end.

if your wealth increases and you want to change the content, you can rewrite it as many times as you want.

However, I can rewrite it until before the inheritance starts while I'm healthy.

Inheritance will definitely come. Let's leave our thoughts while we're healthy.

 

For the preparation and consultation of the will, please contact our administrative scrivener office.

 

Please contact us first.