For Clients Living in California

Inheritance procedures also differ greatly between Japan and California.

In Japan, the family registry (koseki) and residency records make it relatively easy to confirm who the heirs are and where they live. In California, there is no equivalent system. Identifying and locating heirs can be difficult, often requiring investigative efforts—and in fact, there are professionals who specialize in heir searches.

In California, even if a will exists, a petition for probate must be filed in the family court. This is similar to Japan’s will verification process, but in Japan such a procedure is required only for privately kept handwritten wills. Public notarial wills, or handwritten wills deposited with the Legal Affairs Bureau, do not require court proceedings.

Because California has no official registry of heirs, probate procedures include publishing a notice in a newspaper stating that a certain individual has passed away and that probate proceedings will be held in a certain court on a certain date. This is to give potential heirs the opportunity to participate in the proceedings. Probate hearings are public, which means that details of the will and the assets subject to inheritance also become public information. It is sometimes joked that when celebrities die, many people suddenly claim to be illegitimate children—this stems from the public nature of probate.

Probate is not only public but also time-consuming. For this reason, many people create trusts in order to avoid probate. It is also common to prepare a Power of Attorney (POA) for financial and healthcare decisions in case one becomes incapacitated. In Japan, such situations are generally handled through the guardianship system, which requires court proceedings, making this another major difference.

Preparing wills, trusts, and POAs in advance is referred to as estate planning. In the United States, this is a common approach to preparing for old age and inheritance, and many attorneys provide such services.

For Japanese nationals who own assets in Japan (such as bank accounts or real estate), there is one more important consideration. Even if you create a will or trust in California, the procedures for changing title in Japan can become very complicated. For Japanese assets, it is advisable to prepare a notarial will in accordance with Japanese law. Consuls at Japanese consulates can act as notaries (Civil Code Article 984), making it possible to create a notarial will even while residing in California.

As I am licensed to practice law in Japan and have handled numerous inheritance cases there, I have extensive knowledge of Japanese procedures as well. I am also familiar with the unique concerns and points of attention that Japanese clients may have. Please feel free to consult with me.