If there is no will, Japanese inheritance should proceed as follows:
Confirm all heirs
Under Japanese law, decedent’s spouse and descendants are always entitled as heirs. If there are no descendants, decedent’s parents are then entitled as heirs. If there are no descendants nor parents, then decedents’ siblings are entitled as heirs. Intestate share of surviving spouse is one-half if the decedent is also survived by decedents, two-third if other heirs are decedent’s parents, three-fourth if other heirs are decedent’s siblings. Among descendants, Per Stirpes rules apply which results in a distribution that gives an equal share to each family line. The same rule applies for siblings.
If the decedent is not survived by spouse, descendants inherit the decedent’s entire estates. If the decedent is not survived by spouse nor descendants, then parents inherit the decedent’s entire estates. If the decedent is not survived by spouse, descendants, nor parents, then siblings inherit the decedent’s entire estates. Between each descendant between each sibling, Per Stirpes rules apply.
Confirm all assets and debts of decedent
Under Japanese law, heirs inherit not only decedent’s assets but also decedent’s debts.
Since there is no probate system in Japan, debts should be paid by heirs. If the amount of debt exceeds the amount of assets, disclaimer should be made by each heir, otherwise the heir is required to pay the debt out of his/her own assets.
Pay inheritance tax
Under Japanese law, tax exemption limit is 30,000,000 yen + 6,000,000 yen by number of heirs. If the net assets (=deducting debts) exceed this limit, Japanese inheritance tax may apply. In this case, tax form should be submitted to Japanese tax bureau and inheritance tax should be paid within 10 months from the day decedent passed away.
The realm of assets to be taxed varies based on the nationality and residence history of decedent and heirs, so it should be carefully checked.
Discuss distribution of assets with other heirs.
Under Japanese law, distribution of assets should be based on mutual agreement between heirs. So contacting other heirs and negotiating with them is inevitable.
Distribution of assets as agreed by all heirs
As to real estate, the name of title holder should be changed to new title holder. The adequate form should be submitted to regional legal affairs bureau.
As to bank deposit, usually the decedent’s bank account should be closed and refund should be distributed.
As to securities, usually the new heir’s account should be opened and the securities are transferred to the new account.