WILL INVESTIGATION

When an inheritance begins, confirming whether a will exists is critically important. If a will is present, the estate must be distributed according to its terms. Proceeding with the division of assets without first locating the will can lead to serious legal disputes down the line.

This article explains, by type of will, the steps that heirs should take to conduct a proper will search in Japan.

For information on the fees for requesting a will investigation, please click HERE.

How to Search for a Notarized Will

What Is the Will Search System?

A notarized will (kōsei shōsho yuigon|公正証書遺言) is a will created by a notary public, with the original kept permanently at the notary office where it was made. The Japan Notaries Association (Nihon Kōsho-nin Rengōkai) maintains a centralized database of all notarized wills created at notary offices nationwide since January 1, 1989, recording information such as the testator’s name, date of birth, the notary office that created the will, and the date of creation. This database is known as the “Will Search System” (Yuigon Kensaku Shisutemu).

The search can be conducted at any notary office in Japan, and the search fee is free of charge. Please note that the system only reveals whether a will exists and where it is kept — the actual contents of the will are not disclosed through the search and must be obtained separately via a certified copy request.

The Japan Notaries Association (Nihon Kōsho-nin Rengōkai)

Required Documents (When an Heir Applies in Person)

The following are the main documents. Depending on the case, other documents may also be required.

  • Certificate of death registration (jokuseki tōhonorkoseki tōhon) confirming the testator’s passing
  • Family register extract (koseki tōhon) proving the applicant’s relationship to the deceased
  • Photo ID of the applicant (government-issued with photo: driver’s license, My Number card, passport, etc.)
  • Registered seal (jitsuin) and seal registration certificate or Signature certificate (for those residing overseas)
  • Certificate of Residence (for Japanese citizens residing overseas)

When Applying Through a Representative
If a judicial scrivener (司法書士), another legal professional, or a non-heir family member is acting as a representative, the above documents plus a “letter of authorization” (bearing the heir’s registered seal) and the representative’s own photo ID are required.

STEP
Gather the Required Documents

Please refer to the “Required Documents” section below and prepare all necessary items before your visit.

STEP
Visit Your Nearest Notary Office

The search can be requested at any notary office in Japan, regardless of where the will was originally created. Some offices require an advance appointment, so we recommend calling ahead before your visit.

STEP
Request to search “Notarized Will”

The notary will query the Japan Notaries Association on your behalf. You will then receive a “search result notice” confirming whether a notarized will exists and, if so, at which notary office the original is kept.

STEP
Obtain the results of the investigation into whether or not a notarized will exists.

The investigation revealed that if a notarized will exists, you should make an appointment with the notary’s office and request a copy of the notarized will by visiting in person or by mail. There will be a fee, so be sure to check the fee beforehand.

STEP
Request a Certified Copy of the Will (if one is found)

Visit the notary office where the original is kept and request a certified copy (tōhon). If the office is far away, requests and receipt can also be handled by post.

How to Search for a Handwritten Will

Two Methods of Investigation

A handwritten will (jihitsu shōsho yuigon|自筆証書遺言) is ordinarily kept by the testator themselves. However, since July 10, 2020, Japan’s Legal Affairs Bureau (Hōmukyoku) has offered a “Handwritten Will Custody System” (Jihitsu Shōsho Yuigon-sho Hokan Seido), allowing testators to deposit their handwritten will with a Legal Affairs Bureau for safekeeping.

For this reason, the search should be conducted using both of the following approaches:

Physical Search of the Deceased’s Belongings

Search locations where the testator may have kept documents: desk drawers, safes, chests of drawers, Buddhist altars, Shinto household shrines, and similar places. If a sealed will is found,do not open it— it must first go through a “probate inspection” (ken’nin) at a Family Court before it can be opened.

Inquiry with the Legal Affairs Bureau (Will Depository)

If no will is found at home — or if there is a possibility that a separate will was deposited with the Bureau — request a “Will Custody Certificate” (Yuigon-sho Hokan Jijitsu Shōmei-sho) from the Legal Affairs Bureau.

About the Ministry of Justice Handwritten Will Custody System

Under this system, a testator may deposit their handwritten will with a designated Legal Affairs Bureau (Yuigon-sho Hokan-jo). After the testator’s death, heirs and other interested parties may search for the will, view its contents, and request certified copies at any Legal Affairs Bureau office nationwide. A major benefit of this system is that wills deposited with the Bureau are exempt from the Family Court probate inspection process (ken’nin).

The Ministry of Justice Handwritten Will Custody System

Required Documents (Will Custody Certificate Request)

The following are the main documents. Depending on the case, other documents may also be required.

  • Family register extract (koseki tōhonorjokuseki tōhon) confirming the testator’s death
  • Family register extract proving the applicant is an heir of the deceased
  • Photo ID of the applicant (My Number card, driver’s license, passport, etc.)
  • Registered seal (jitsuin) and seal registration certificate or Signature certificate (for those residing overseas)
  • Certificate of Residence (for Japanese citizens residing overseas)

If Using a Legal Heir Information Summary (法定相続情報一覧図)
If you already have a Legal Heir Information Summary issued by the Legal Affairs Bureau, this can be substituted for the family register documents, simplifying the process considerably.

STEP
Gather the Required Documents

Please refer to the “Required Documents” section below and prepare all necessary items before your visit.

STEP
Make an Appointment at Your Nearest Legal Affairs Bureau (Will Depository)

The procedure can be completed at any of the 312 Will Depository offices located throughout Japan. An advance appointment is mandatory. Appointments can be made online, by phone, or in person at the counter.

STEP
Request the “Will Custody Certificate”

You will need to provide information identifying the deceased (address, family register location, and the name of the head of household in the family register). The certificate will confirm whether or not a handwritten will has been deposited at the Bureau. Requests can also be submitted by post. There will be a fee, so be sure to check the fee beforehand.

STEP
Confirm the Contents of the Will (if one is found)

Request a “Will Information Certificate” (Yuigon-sho Jōhō Shōmei-sho) . This document contains the full text of the deposited will and can be used to carry out all inheritance procedures. Once any heir or interested party obtains this certificate, all other heirs are automatically notified that a will is on file.

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