In Japan, either legal scriveners or attorneys are licensed to help probate the estate of a deceased by contacting heirs, creating an asset list and dividing property. However, only attorneys are licensed to appear in court in Japan. Therefore, if a disagreement arises during the probate process, it is always better to have an attorney involved to ensure that the heirs’ rights can be protected even in litigation.
Even if the heirs do not expect to argue over the division of assets in the deceased’s estate, having an attorney help with the probate process can ensure that all parties behave fairly and the division of assets is conducted according to the law. An attorney can also help draft a division of assets agreement if the heirs decide to divide the estate differently than Japanese law.
If you have any questions about probate in Japan, please contact our office for a legal consultation.