A practical guide to navigating the death of a Japanese spouse

Death is inevitable, and while no one wants to think about it happening, there may come a time when you lose your spouse.

This article is intended to be a guide for non-Japanese residents to the practical steps that come alongside the loss of your Japanese spouse. There are a number of time-sensitive procedures to deal with alongside the funerary ones.

I strongly recommend speaking with your partner about their wishes and yours, as well as consulting with the appropriate lawyers in order to make these important decisions while you are both still capable of doing so.

May you not need this article as early as some do.

Before it happens: Prepare with your partner

While it may be uncomfortable, having a serious conversation with your partner about their posthumous wishes is essential. I cannot stress enough how important it is to speak with your partner about what they want, and to share what you want as well. For example, you should know if they have a family gravesite, or what sect of Buddhism (or any religion for that matter) their family follows, if any.

Legally speaking, you should consult with the appropriate lawyers in order to make your decisions binding while you're both still capable of doing so. It may seem morbid, but the discomfort now will  take a bit of pain and pressure off yourself when or if the time comes.

How to report a death in Japan

When someone dies in Japan, the hospital or attending doctor will issue a shiboshindansho (死亡診断書), or medical death certificate. This document confirms the cause, time and place of death. You may want to request a few copies, as they are often needed for various official procedures.

The next step is submitting a shibotodoke (死亡届), or death notification, to the local ward or municipal office. This must be done within seven days of the death. The person responsible is typically the spouse or a family member.

At the same time, you must also apply for a maisokyokasho (埋葬許可証), or Certificate of Permission for Cremation, which is required for cremation or burial in Japan.

How to get a Japanese death certificate

After the death is reported, the ward office will update the deceased’s koseki (戸籍), or family register. This serves as the official government record of their death.

You can then request either:

• A full copy (koseki tohon, 戸籍謄本)
• A partial copy (koseki shohon, 戸籍抄本)

These function as Japan’s official death certificates and will be needed for inheritance procedures, immigration filings and account closures. It’s a good idea to get several certified copies, as some institutions require originals or will not return them.

Once you have the death certificate, you will need to contact any banks or financial institutions and insurance companies the decedent had accounts with, as well as any utilities, cell phone and internet providers, too. The notification period for these can vary widely.

Reporting a Japanese spouse’s death to immigration

You must contact your local immigration office within two weeks to register their death — even if they are a Japanese national. Non-Japanese nationals married to Japanese persons are often in Japan on a Spouse or Child of Japanese National visa. This means that your visa status in Japan is dependent on your spouse; their death essentially cancels your visa.

To report the death, you will need to submit the following: a Notification of Spouse (配偶者に関する届出 haigusha ni kansuru todoku), your passport, your residence card, your spouse's death certificate, proof of your spouse's Japanese nationality, and your marriage certificate.

At the same time, if you wish to remain living in Japan, you will need to submit a Change of Status of Residence (在留資格の変更 zairyushikaku no henko) form as well. If you plan to remain in Japan but don't submit this form, your visa may be revoked or denied. It may also be denied if you don't apply within the 14 day time limit as well. If you aren't able to change your status (for whatever reason), then immigration services may grant you a Designated Activities temporary visa (特定活動ビザ tokuteikatsudo biza) in order to deal with the estate.

On the other hand, if you intend to leave Japan, then you do not need to submit a change of status request. You will have up to six months to leave Japan if so, which may be enough time to finish the rest of the inheritance process.

You can submit the necessary information in person, by mail or online, and the necessary forms are available on the Immigration Services Agency website.

Creating or understanding a legal will in Japan

One of the most important documents anyone will ever create is their will. If you are married to a Japanese national then having a legal will is vital for both of you.

The legal term for a will is igonsho (遺言書) while in non-legal Japanese the same characters are pronounced "yuigonsho." These are very similar to wills in other countries which lay out how the decedent's (known as the testator or igonsha) wishes as to how their property is distributed after their death.

There are two main types of wills in Japan.

1. Handwritten (sometimes referred to as a "holographic") will: Jihitsushoyuihon (自筆証書遺言). This may be written in any language, but must be fully handwritten with the date, name and signature or seal of the testator on it. The demerits of a handwritten will are that it could easily be lost or altered, it isn't notarized or witnessed, and if it doesn't follow a specific set of instructions (down to page margin size!) it can be thrown out by the courts.
2. Notarized will: Koseishoshoigon (公正証書遺言). A notarized will is a legally recognized document prepared at a notary public's office in the presence of a notary and two witnesses. It is legally binding and difficult to contest in court, but its demerit is the cost involved. Depending on the size of the estate, creating this type of will can range from ¥20,000-¥50,000.

If your partner passes away without a will, then the Japanese Civil Code (民法 minpo) will be applied to the estate. For more information on wills in Japan, this article in Japanese may be helpful.

Inheritance laws and settling a Japanese estate

According to Japanese law, if the decedent is Japanese national and has a legal spouse, their spouse is the statutory heir. The statutory heir is responsible for any and all assets and debts that the decedent has at the time of their passing. Spouses cannot be disinherited, however an heir has three months to choose what to do with the estate itself. They can either accept the inheritance unconditionally, accept it with limitations (usually regarding debts) or renounce it.

The handling of the estate cannot be transferred to another person except in special circumstances (for example, the surviving spouse has Alzheimer's and isn't capable of making decisions). Ex-spouses are not eligible to be an heir.

If you are not legally married according to Japanese law, you cannot be your partner's heir either. This also applies to same-sex couples with partnership certificates: these certificates do not mean you are your partner's legal heir.

The automatic heir of anyone who is deemed "unmarried" by Japanese law is their next closest living relative. Said relative will legally be in charge of their estate and any inheritance, regardless of whether or not you are financially connected to it. For more information on the general inheritance process and Japanese inheritance taxes, please see this article.

It's not easy to navigate all of the legal procedures surrounding a death while grieving that loss, which is why it is important to discuss and make plans before the inevitable happens. No one knows what the future holds, so being prepared is the best way to navigate what many consider to be the worst time of their lives.

© Japan Today