• I would like to consult about inheritance matters in and around Yaizu, Yoshida-cho, Makinohara, Fujieda and Omaezaki
• I renounced the inheritance because of heavy debts, but I am anxious about what will become of the family grave kept by our ancestors for generations
• If all of us siblings renounce the inheritance, who will take over the grave?
• I want to know about the obligation to manage the grave when an inheritance is renounced

Are you facing any of these issues in Yaizu, Makinohara, Omaezaki, Fujieda, Shimada, Yoshida Town, or other nearby areas?
At Yaizu Sogo Law Office, we offer a free first-time legal consultation on inheritance and estate matters. Consulting us once does not obligate you to retain us. We are also available on weekday evenings and on Saturdays. Please feel free to contact us by phone or email.

What Are Ritual Assets?

The Civil Code contains the following provisions on the succession of ritual assets such as graves.

（Assumption of Rights in Respect of Rituals）
Article 897　Notwithstanding the provisions of the preceding Article, rights of ownership in genealogical records, utensils used in religious services and tombs are succeeded to by the person who is to preside over the ancestral rites in accordance with custom; provided, however, that if there is a person designated by the decedent to preside over the ancestral rites, that person is to succeed to such rights.
2　In the case referred to in the main clause of the preceding paragraph, when the custom is not clear, the person who is to succeed to the right referred to in that paragraph is designated by the family court.

The "genealogical records," "utensils used in religious services" and "tombs" mentioned in this provision are collectively referred to as "ritual assets."

To give concrete examples, graves, Buddhist altars, memorial tablets, family death registers and family trees are typical ritual assets.

Ritual Assets Are Excluded from the Division of the Estate

Under Article 897 of the Civil Code, rights of ownership in ritual assets such as genealogical records, utensils used in religious services and tombs are succeeded to by the person who is to preside over the ancestral rites in accordance with custom; when the custom is not clear, the family court determines the person who is to succeed to those rights by a ruling that is separate from the division of the estate.

Practical Points

• Unlike deposits and real estate, graves and Buddhist altars are not subject to the division of the estate
• They are not the kind of property that all the heirs discuss in order to decide "how to divide the grave"
• They are treated as property of a strongly personal and religious character, namely as the question of "who is to preside over the ancestral rites"

Even If You Renounce the Inheritance, the Duty to Succeed to Ritual Assets Does Not Disappear

Renunciation of an inheritance, on the other hand, is governed by Article 939 of the Civil Code, which provides that "a person who has renounced an inheritance is deemed never to have been an heir from the outset."

The question that arises here is whether renouncing the inheritance also removes the duty to manage the grave entirely.

To state the conclusion first, even if you renounce the inheritance, you do not lose the rights and obligations of succeeding to ritual assets.

Regardless of the renunciation, "rights of ownership in genealogical records, utensils used in religious services and tombs are succeeded to by the person who is to preside over the ancestral rites in accordance with custom" (Article 897 of the Civil Code).

Practical Points

Renunciation of inheritance	debts, real estate, deposits and savings are not inherited
Ritual assets	succession is determined independently of the renunciation

→ In reality there are many cases in which "the debts are escaped by renouncing the inheritance, but the management of the grave remains."

Who Succeeds to the Ritual Assets?

The order of succession to ritual assets is as follows.

① Where the decedent has designated a successor to the ancestral rites by will or otherwise	the person so designated
② Where the custom of the region or the family is clear	the custom governs
③ Where the custom is unclear	the family court decides by ruling

Cases Commonly Seen in Practice

• The custom that "the eldest son takes over"
• The person who actually lived with the decedent continues to manage the grave as before
• A person who has a connection with the family temple manages it in practice

and other factors are taken into account.

Obligations of the Person Who Succeeds to the Ritual Assets

The person who succeeds to the ritual assets is legally subject to the following substantive obligations.

• Payment of grave maintenance fees and perpetual use fees
• Maintenance, management and repair of the grave
• Presiding over memorial services on the anniversaries of death and other rites

Because these are not "inherited debts," they cannot be escaped by renouncing the inheritance.

Claims will be made directly to the successor by the family temple or the cemetery administrator.

Risks When No One Takes Over the Ritual Assets

• Because of unpaid maintenance fees, the grave becomes subject to administrative measures as an unclaimed grave
• The cemetery administrator demands that the grave be removed
• A new dispute arises among relatives over "who is to pay"
• Although you renounced the inheritance, an unexpected financial burden arises

→ In this way, leaving the succession to ritual assets unattended gives rise to a chain of legal, economic and emotional troubles.

Summary

Even if you renounce the inheritance, the succession to ritual assets (graves, Buddhist altars, memorial tablets, etc.) and the duty to manage them are determined separately from the renunciation.

Therefore, those who "are considering renouncing an inheritance because of heavy debts," those "whose relatives are all planning to renounce the inheritance," and those "whose grave manager is unclear" must decide, at the same time as the renunciation, "who is to take over the ritual assets."

Renouncing an inheritance is a "solution to the debt problem," but the "family issue," including ritual assets, must be sorted out separately and properly. Without a legally and practically sound arrangement, it will later invite serious conflict among relatives.

If you are troubled about renouncing an inheritance and the management of a grave in and around Yaizu, Yoshida-cho, Makinohara, Fujieda or Omaezaki, please consult Yaizu General Law Office.

Frequently Asked Questions

For Your Inheritance Concerns, Consult Yaizu Sogo Law Office

Yaizu Sogo Law Office handles a wide range of inheritance-related matters, including the drafting and execution of wills, renunciation of inheritance, division of estate, and claims for reduction of the statutory reserved share (iryubun).

Inheritance disputes are so notorious for the intense emotional conflict they stir up among heirs — hence their nickname, the "inheritance war" — that disputes can drag on for a long time. This is why consulting a lawyer offers significant benefits.

If you are facing an inheritance issue, please feel free to consult us. The first consultation on inheritance matters is free of charge.

At Yaizu Sogo Law Office, consultations are available not only during weekday daytime hours but also on weekday evenings and on Saturdays. Please call or email us first to make an appointment for a legal consultation.

Are You Troubled by an Inheritance Issue?

• Creating a Will for End-of-Life Planning
• Disputes over How to Divide an Estate (Estate Division)
• Claiming Your Reserved Share of an Estate (Claim for Infringement of Legally Reserved Portion)
• A Family Member Passed Away Leaving Debts Behind (Renunciation of Inheritance)
• Dissatisfied with the Contents of a Will
• Dividing an Inheritance
• What You Need to Know About Filing for Custody of a Holographic Will
• Wills That Bequeath Property Exceeding the Statutory Share of Inheritance to a Specific Heir
• Finding Out Which Court Handles Inheritance Division Mediation
• About the Process of Creating a Notarized Will
• I found a will, but is it all right to open it? (Inspection of a will)
• The Validity of a Will When the Intended Recipient (Legatee) Dies First
• I want to know about the cost of preparing a notarized will
• Can an Estate Division Different from the Will Be Made?
• I want to know what can be specified in a will
• Requirements for a Self-Written Will (Holographic Will)
• I want to correct an error in a handwritten will I made previously
• About the Executor of a Will
• How Life Insurance Proceeds Are Treated in an Inheritance Division Agreement Where the Beneficiary Is Designated as an Heir
• If I renounce my inheritance, who will manage the family grave?
• Want the State to take over inherited land (the Inherited Land National Attribution System)
• Do You Inherit Debts Even After Years of No Contact with Your Parents?

See all articles on inheritance