Finding Out Which Court Handles Inheritance Division Mediation

Inheritance

Yaizu General Law OfficeYaizu General Law Office

  • I want to consult about inheritance matters near Yaizu, Makinohara, Yoshida Town, and Omaezaki
  • I want to file for mediation but do not know which court to go to
  • I want to know the court jurisdiction for inheritance division mediation

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.

Which Court Handles Inheritance Division Mediation?

Specific property succession will

When heirs cannot agree on how to divide the estate, or when it is not even possible to have a discussion with the other heirs, it is possible to file a mediation petition with the family court and discuss the division of the estate through mediation proceedings (inheritance division mediation). (For those who want to learn more about inheritance division, please refer to the articles "Disputes Over How to Divide an Estate" and "I Want to Divide an Estate.")

However, since there are courts in various locations even within Shizuoka Prefecture, some people may wonder, "Which court should I file the mediation petition with…?" Of course, you cannot file at just any court; each court has designated types of cases it handles. This is called jurisdiction.

As for how the jurisdiction for inheritance division mediation is determined, the law stipulates that it shall be "the family court having jurisdiction over the respondent's place of residence, or the family court agreed upon by the parties" (Article 245 of the Domestic Relations Case Procedure Act).

It is extremely rare for heirs to have agreed in advance on which court will handle the mediation. Therefore, in most cases, you will need to file the petition with the family court at "the respondent's place of residence."

Note that "place of residence" does not formally refer to the address on the resident register, but rather to the place where the person actually lives. Also, if there are multiple respondents (heirs), the court at the "place of residence" of any one of them will suffice.

For example, suppose there are three heirs including yourself. You reside in Fujieda City, while the other two live in the 23 wards of Tokyo and Yokohama City, respectively. In this case, the court where you can file for inheritance division mediation would not be the Shizuoka Family Court, but either the Tokyo Family Court or the Yokohama Family Court.

As described above, the court is determined by where the respondent resides. In some cases, you may need to file the mediation petition with a distant court, so please exercise caution.

Important Notes

  • Jurisdiction is determined not by "the decedent's address" but by "the current address of the respondent (other heir(s))."
  • If the respondent has moved, investigation of the resident register is essential.
  • Filing with the wrong court may result in a correction order or transfer, delaying the proceedings by several months.

Court Jurisdiction for Residents Near Yaizu Sogo Law Office

Below is a summary of court information (addresses and phone numbers) frequently used in inheritance division mediation by residents near Yaizu Sogo Law Office. If you have any questions when filing a mediation petition on your own, please contact the courts listed below.

1. If the respondent resides in Yaizu City, Makinohara City, Yoshida Town, Shimada City, or Fujieda City

Shizuoka Family Court, Shimada Branch Office

Postal Code: 427-0043
4-11-10 Nakamizo, Shimada City
Phone: 0547-37-1630 (Main)

2. If the respondent resides in Omaezaki City

In Omaezaki City, jurisdiction is divided by district as follows, so please exercise caution.

(1) For the three districts of Omaezaki, Shirowa, and Minato in Omaezaki City

Shizuoka Family Court, Shimada Branch Office

Postal Code: 427-0043
4-11-10 Nakamizo, Shimada City
Phone: 0547-37-1630 (Main)

(2) For areas other than the three districts in (1)

Shizuoka Family Court, Kakegawa Branch

Postal Code: 436-0028
2-16-1 Kamenoko, Kakegawa City
Phone: 0537-22-3036

3. If the respondent resides in Shizuoka City

Shizuoka Family Court, Main Office

Postal Code: 420-8604
1-20 Jonai-cho, Aoi-ku, Shizuoka City
Phone: 054-273-8768 (Family Case Filing Section)

4. If the respondent resides outside the areas listed in 1 through 3

For jurisdiction of other courts, please refer to the courts' website below.

https://www.courts.go.jp/about/sosiki/kankatu/index.html

Important Notes

Court jurisdiction is determined not by municipality but by specific "place of residence," and the boundaries can be quite detailed.

Particularly in areas where names have changed due to municipal mergers, there are frequent cases of filing with the wrong court.

Benefits of Hiring a Lawyer for Inheritance Division Mediation

Please consult an attorney about your inheritance concerns

Filing for mediation itself can be done relatively easily on your own, as long as you submit the required documents and fees (revenue stamps and postage) to the court.

While handling inheritance division mediation on your own can save costs, unless you have a proper understanding of the legal knowledge, rules, and principles related to inheritance division, you may find yourself in a situation where you "cannot tell whether the terms agreed upon in mediation are favorable or unfavorable" to you.

By retaining a lawyer, you can expect the following major benefits:

  • The lawyer will prepare all documents, including the petition, property inventory, and written arguments
  • You will understand the "appropriate settlement" based on law and court precedents
  • The lawyer can attend hearings on your behalf, even at distant courts
  • You can leave all direct negotiations with the respondent to the lawyer
  • The lawyer provides consistent representation from mediation through to "adjudication" if mediation fails

These are significant advantages.

In particular, when heirs are spread across different prefectures, hiring a lawyer to act as your representative is often practically essential.

Lawyers are well-versed in the legal knowledge and rules concerning inheritance division and have handled numerous mediation proceedings as representatives. They can advance the inheritance division mediation in a manner appropriate to your specific circumstances. If you feel uneasy about handling the mediation on your own, please feel free to consult Yaizu Sogo Law Office.

Frequently Asked Questions

Can I file the petition at the court where the decedent lived?

In principle, no. The criterion is "the address of the respondent (other heir(s))."

There are three heirs, each living in a different prefecture. Where should I file?

You may file the petition at the family court having jurisdiction over the address of any one of them.

The respondent has just moved. Can I file at the court of the former address?

In principle, no. The petition must be based on the actual place of residence.

I filed with the wrong court. What happens?

A correction order or transfer may be issued, potentially delaying the proceedings by several months or more.

It is difficult for me to travel to a distant court. What should I do?

If you retain a lawyer, it may be possible for the lawyer to attend on your behalf or participate via telephone conference.

How long does it take to receive a summons from the family court?

It usually takes about one to two months after the petition is filed.

For Your Inheritance Concerns, Consult Yaizu Sogo Law Office

Please consult an attorney about your inheritance concerns

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?

See all articles on inheritance

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Serving Yaizu, Makinohara, Yoshida, and surrounding areas

Serving Yaizu, Makinohara, Yoshida, and surrounding areas

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About Yaizu General Law Office

Yaizu Office

  • Address
    〒425-0028
    3-11-4 Ekikita, Yaizu City,
    Shizuoka Prefecture
  • Phone
    054-639-5573
  • Business Hours
    Mon-Fri 9:00 AM - 7:00 PM Sat 9:00 AM - 5:00 PM / Closed: Sundays & Holidays
  • Access
    6-minute walk from Yaizu Station / Parking available
  • Service Area
    Yaizu, Makinohara, Fujieda, Shimada, Yoshida, and surrounding areas

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  • Address
    〒421-0422
    Maison de Hautoku 1F, 140-4 Shizunami,
    Makinohara City, Shizuoka Prefecture
  • Phone
    0548-28-6710
  • Business Hours
    Mon-Fri 9:00 AM - 7:00 PM Sat 9:00 AM - 5:00 PM / Closed: Sundays & Holidays
  • Access
    4-minute walk from Shizunami 1-chome (Bus Stop) / Parking available
  • Service Area
    Yaizu, Makinohara, Fujieda, Shimada, Yoshida, and surrounding areas

Yaizu General Law Office - exterior of the Makinohara office

Yaizu General Law Office - consultation room at the Makinohara office

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