• I want to consult about inheritance in the Yaizu, Yoshida-cho, Makinohara, Fujieda, and Omaezaki areas
• My father, with whom I had been out of contact for decades, passed away, and I suddenly received a demand letter for his debts
• More than 3 months have passed since my parent died; I want to know whether I can still renounce the inheritance now
• I knew that my father had died, but I had no idea that he had any debts
• I received a demand letter from a creditor and want to know how to respond before making payment or contacting them

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.

Introduction

When you have long been estranged from a parent, you may know nothing about where or how they live, whether they have bank deposits or real estate, or, conversely, whether they are carrying debts.

If, about a year after learning of your father's death, you suddenly receive from a lender or a debt collection agency a demand letter stating: "You are an heir, so please pay your deceased father's debt of 3 million yen," it is only natural to be shocked.

Moreover, having learned that renunciation of an inheritance has a deadline of "within 3 months," "It has already been a year since my father died. Perhaps I can no longer renounce the inheritance," and you may feel anxious.

However, the 3-month period for renouncing an inheritance is not simply fixed as "3 months from the date of death."

Under Article 915 of the Civil Code, the period is "within 3 months from the time you became aware that inheritance had opened for your own benefit." The courts also explain this period as the "period of deliberation" during which the heir considers whether to accept or renounce the inheritance.

Furthermore, even if you knew of the death, if you believed that there were no assets of the inheritance at all and there were reasonable grounds for that belief, a renunciation filed within 3 months from the time you later learned of the debt may be accepted. The courts also indicate that such treatment is possible.

Therefore, there is no need to give up, thinking, "It has been more than 3 months since the death, so renunciation is absolutely impossible."

That said, the date on which you learned of the debt does not automatically become a new starting date.

You need to organize the specific circumstances — the long period without contact, how you learned of the death, the state of the asset investigation, whether you have touched the inherited assets — and explain them to the family court.

By Inheriting, You Also Take Over Debts

Some people think of inheritance as "the procedure for receiving bank deposits and real estate."

However, what is inherited is not limited to positive assets.

Debts and other obligations that the deceased bore are, in principle, also subject to inheritance.

Under the Civil Code, when an heir makes simple acceptance, they succeed comprehensively to the decedent's rights and obligations.

For example, if your father died leaving:

• Bank deposits of 500,000 yen
• A car worth 200,000 yen
• A debt of 3 million yen to a consumer finance company

and you simply accepted the inheritance, you could not take only the positive assets and refuse only the debts.

"Renunciation of inheritance" is the system for avoiding taking over all rights and obligations, including such liabilities.

If the family court accepts the renunciation, you are deemed never to have been an heir for that inheritance from the beginning.

Therefore, if a renunciation is legally established, in principle you need not pay the decedent's debts as an heir.

Renunciation Is Not Necessarily "Within 3 Months of Death"

The point most easily misunderstood about renunciation is the 3-month deadline.

Article 915 of the Civil Code provides that an heir must choose simple acceptance, limited acceptance, or renunciation "within 3 months from the time they became aware that inheritance had opened for their own benefit."

Typically, when:

the 3 months count from that point in time.

Therefore, it is not a system of "a uniform 3 months from the date the death registration was filed."

For example, if the parent and child were completely estranged and the child first learned of the father's death itself six months later, then in principle the period of deliberation does not run during the period in which the death itself was unknown.

The difficult case is: "I knew that my father had died. However, I thought there were neither assets nor debts."

Can You Still Renounce If You Learn of the Debt a Year After the Death?

In this situation, since more than 3 months have already passed since the death, you might think that "the deadline has already passed."

However, depending on the circumstances, there is a possibility that a renunciation filed within 3 months from the time you first learned of the debt will be accepted.

The courts also explain that where the heir "believed that there were no assets of the inheritance at all and there were reasonable grounds for that belief," a renunciation filed within 3 months from the time they recognized the existence of all or part of the assets of the inheritance may be accepted.

For example, if:

• You had hardly been in contact with your father for 30 years
• You knew nothing about his living situation or his assets
• At the time of his death, no one gave you any notice about the estate
• You never inherited any deposits, real estate, or the like
• A year after his death, you suddenly received a 3-million-yen demand letter from a creditor and learned of the debt for the first time

then you would explain these circumstances to the family court as "circumstances under which the existence of the debt could not have been known."

The Shizuoka Family Court also explains that when you first learned of the decedent's liabilities through a notice or demand letter that arrived from a financial institution, a public agency, or the like, you should submit a copy of that notice or demand letter when filing the renunciation. In particular, it is considered desirable that the first notice received shows the names of the decedent and the filer and the date on which it was prepared.

This shows that cases in which a debt is learned of later are actually anticipated by the family courts.

Caution: It Is Not Always "3 Months from the Day You Learn of the Debt"

On the other hand, the understanding that "renunciation is always possible within 3 months from the day the demand letter arrived" is also not accurate.

What matters is:

• "Whether you had previously been aware of the existence of the assets or liabilities of the inheritance,"
• "Whether there were reasonable grounds for not having been aware of them,"

these points.

For example, if, immediately after your father's death, you:

• Withdrew and used deposits held in your father's name
• Proceeded with the procedures for inheriting the family home
• Had heard from another heir that debts existed
• Had received bills from a finance company before

then the relationship between these circumstances and your claim that "I knew nothing about the debts" becomes an issue.

Therefore, in a renunciation filed more than 3 months after the death, it is extremely important to organize accurately, in chronological order, "when you learned what."

Is 30 Years of No Contact Taken into Account in Renunciation?

The circumstance of a long period without contact is one of the very important factors.

However, it is not the case that "if you have not met for 30 years, renunciation is always possible."

In the family court, not merely the fact of estrangement but also:

• Since when you had not been in contact
• Whether you knew their address or workplace
• When, and through what course of events, you learned of the death
• Whether anyone explained the estate to you after the death
• Whether you were involved in sorting out the deceased's belongings
• Whether you conducted an asset investigation
• Whether there was anything suggesting the existence of debts

are taken into account in the review.

For example, the circumstances differ between a case where your parents divorced in your childhood, you had not seen your father for 30 years, and you did not even know his address, and a case where you exchanged contact a few times a year and knew his living situation to some extent.

Rather than settling for the single phrase "we were estranged," it is necessary to explain concretely why you could not have known of the existence of the inherited assets.

If a Demand Letter Arrives, Do Not Pay at Once

If a 3-million-yen demand letter suddenly arrives, you may think, "let me pay at least a little for now" or "let me contact them to see if payment can be made in installments."

However, if you are considering renouncing the inheritance, it is better to avoid casually paying the decedent's obligations.

Under Article 921 of the Civil Code, an heir may be deemed to have made simple acceptance, for example, when they have disposed of all or part of the assets of the inheritance.

That said, whether paying the decedent's debt from the heir's own personal assets immediately constitutes statutory simple acceptance requires examination in light of the specific circumstances.

Even so, if you enter into a repayment agreement with the creditor on the premise that "I will pay because it is a debt I inherited," or sign documents acknowledging the obligation, subsequent proceedings may become complicated.

At least until you have examined the possibility of renunciation, it is safer to avoid making payments or agreements at the creditor's demand.

Be Careful About Disposing of Inherited Assets, Too

If you are considering renouncing the inheritance, you also need to be careful about disposing of the deceased's property on your own initiative.

Under Article 921, item 1 of the Civil Code, if an heir has disposed of all or part of the assets of the inheritance, then, except for acts of preservation and the like, they are in principle deemed to have made simple acceptance.

For example, acts such as:

• Using the decedent's deposits for your own living expenses
• Selling the decedent's car and receiving the proceeds
• Selling valuable household goods

may become problematic.

On the other hand, the payment of funeral expenses, the sorting of belongings, acts for preservation, and the like are evaluated differently depending on their content.

In cases where much time has passed since the death, "I have already disposed of something — can I still renounce?" can become a key issue, so it is advisable to tell your lawyer the specific acts and obtain a judgment.

Renunciation Cannot Be Done by Merely Telling the Creditor, "I Renounce"

Renunciation of an inheritance is not effected merely by notifying the creditor, "I do not want to pay my father's debts, so I renounce the inheritance." A filing with the family court is required.

Article 938 of the Civil Code also provides that a person who intends to renounce an inheritance must file a statement to that effect with the family court.

The filing is to be made with the family court that has jurisdiction over the decedent's last domicile.

When more than 3 months have passed since the death, in addition to the usual family-register documents:

• The first demand letter received from the creditor
• Materials showing when you learned of the death
• Materials explaining the circumstances of the long estrangement

may become important.

In particular, do not throw the demand letter away; keep it.

If You Cannot Decide Within 3 Months, an "Extension of the Period" Is Also Possible

Even when you are still within the 3 months, there are cases such as:

• "I do not know how much debt there is,"
• "I live far away, and the asset investigation will not be finished in time."

In such cases, there is a way to petition the family court for an "extension of the period for acceptance or renunciation of the inheritance."

The courts also explain that if, even after investigating the assets of the inheritance within the 3 months, you cannot obtain the materials needed to decide whether to accept or renounce, the period of deliberation can be extended upon petition.

What you should note here is that the extension of the period is, in principle, a procedure to consider before the period of deliberation expires.

It is not a system in which "you can leave the 3 months alone and extend it later if it becomes necessary."

If the asset situation is complex and the investigation is likely to take time, consider it at an early stage.

Renouncing May Shift the Debt to Other Relatives

If you renounce the inheritance, you are deemed never to have been an heir for that inheritance from the beginning.

As a result, relatives of the next rank may become the heirs.

For example, if the father dies, there is no spouse, and all of the children renounce, then if the father's parents or other lineal ascendants are alive, those persons may become the heirs.

If there are no lineal ascendants either, the father's brothers and sisters may become the heirs.

Therefore, "the debt itself does not disappear because you renounce."

Since other relatives may also be affected, there are cases in which it is better to inform them, as necessary, that you have renounced.

What to Do When a Demand Letter Arrives More Than a Year After the Death

In such a case, first organize the following circumstances.

• First, when did you learn that the decedent had died?
• Second, when did you become aware that you were an heir?
• Third, with respect to the assets of the inheritance — deposits, real estate, debts — when did you learn what?
• Fourth, have you disposed of any of the decedent's property since the death?
• Fifth, before this demand letter, had you not been told about the debts by creditors or relatives?

And please keep the demand letter, envelope, email, and the like through which you first learned of the debt.

The Shizuoka Family Court also explains that when you first learned of the liabilities through a demand letter, you should submit a copy of that first notice or the like.

In cases where the renunciation may be accepted, there is no advantage in letting time pass.

Rather than leaving things alone on the ground that "a year has already passed since the death," it is important to respond as quickly as possible from the time you learn of the debt.

Conclusion

If, despite decades without contact with a parent, you suddenly receive a notice saying, "You are the heir, so please pay the debts," many people would not know how to respond.

Renunciation of an inheritance has, in principle, a 3-month period of deliberation, but you need not give up immediately merely because 3 months have passed since the death.

On the other hand, in cases where you learned of the debt later, you need to explain to the family court, organizing concretely:

• "When you learned of the death,"
• "Why you believed there was no estate,"
• "When you first learned of the debt,"
• "Whether you have disposed of any inherited assets since the death,"

and other points.

For a renunciation filed a long time after the death, organizing the factual background is more important than in an ordinary renunciation.

Yaizu Sogo Law Office handles consultations on inheritance matters, including renunciation of inheritance, mainly in Yaizu City, Fujieda City, Makinohara City, Shimada City, Yoshida Town, and Omaezaki City.

If you have suddenly received a demand for the debts of a parent from whom you had long been estranged, if more than 3 months have passed since the death and you wish to renounce the inheritance, or if you cannot judge whether renunciation is possible, please consider consulting a lawyer, bringing materials such as the demand letter with you.

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