Dead souls: how to become an heir to a bank account and not go broke on the debts of a deceased relative

Receiving a deposit in Sberbank according to a will

The owner has the right to independently dispose of his contribution in the event of death, together with other property. To do this, you need to draw up a will. This is a document that contains the owner's instructions in the event of death. It is subject to mandatory notarization.

If it is not possible to contact a notary, a citizen can have the will certified by the head physician of a hospital or nursing home, the captain of a ship, or the leader of an expedition. In an emergency, you can bring in 2 witnesses to certify the document.

The document regulates the procedure for dividing inherited property in the event of the death of the owner. The recipient of the property can be any individual or legal entity, as well as the state. The will may contain information about the division of the contribution, as well as any other property of the deceased.

To receive a deposit, you must issue a certificate of inheritance rights. To do this, you will need to enter into inheritance in the general manner.

When registering a will and a testamentary disposition for the same contribution, the date of execution matters. The property will be transferred according to a document drawn up later.

How to get a deceased person's deposit in a bank

If it is established that the deceased owned bank accounts, relatives can contact the appropriate organization to obtain the funds stored there. This can be done if you have a special document - Certificate of Inheritance. Such paper is certified and issued by a notary. In addition to the certificate, relatives also need to collect a package of additional documents, which includes:

• applicant's passport;
• a copy of the death certificate of a relative;
• savings book of the deceased (or agreement concluded with the bank);
• documents confirming the degree of relationship.

Banking organizations reserve the right to request additional documents if necessary. The application is reviewed within several days (usually from 3 to 5), after which applicants can receive equal payments from the original deposit amount.

Even if the deceased’s deposit with the chosen bank has expired and the funds have not been withdrawn from the account, relatives can apply to receive them. Typically, in such a situation, all funds remain in the organization’s account, and there are no problems with issuing them.

Elena Pazina Updated: 2021.06.13 3487 Font AA No time to read?

Money placed in bank deposits is part of a person's property, which is inherited if he passes away. When you lose loved ones, it is difficult to concentrate on legal nuances. By understanding the procedure for obtaining rights to the money of a deceased relative, you can violate the deadlines for entering into an inheritance, as a result of which you will lose your deposit. We will tell you how to receive the contribution of a deceased relative without delay.

Testamentary disposition for a deposit in Sberbank

To dispose of his contribution in the event of death, a citizen can draw up a testamentary disposition. This option saves time and money.

Important! The disposition document allows the owner of the deposit to transfer funds to a specific person. If there are several heirs, then the investor can determine the size of the share of each of them. The remaining applicants are excluded from the inheritance.

Testamentary disposition according to Art. 1128 of the Civil Code of the Russian Federation is drawn up free of charge in the credit institution in which the deposit is opened. It differs from a will in that the document is executed solely in relation to the contribution. It is impossible to provide for the disposal of other property with its help.

A will may set restrictions on the use of funds. For example, if the heir is a minor child, then his parents or guardians act in his interests. But they do not have the right to spend the minor’s funds in their own interests. To remove it, you must obtain permission from the district guardianship department.

Expert opinion

Noskov Georgy

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

To eliminate the possibility of abuse, the testator can provide a withdrawal schedule. Also, the order may contain a clause on withdrawal of the deposit when the heir reaches 18 years of age.

If the document was executed before 2002, then the heir should not receive a certificate of inheritance rights. Funds are issued on the basis of the death certificate of the depositor.

How can an heir receive the deceased’s contribution?

If the deceased did not leave a will, you can receive an inheritance only six months after the opening of the inheritance procedure with a notary. Remember that other relatives and other persons can also and have the right to declare their rights to the property of the deceased. Then all assets, including financial ones, will be distributed among a certain circle of heirs, which is approved in accordance with legal norms and the degree of relationship.

Receive the deceased's bank deposit

You can only receive the deceased's money from the bank if you have a certified certificate of inheritance, which is issued by a notary. You will also need other documents: a passport, a savings book or an agreement with the bank, certificates of relationship and a copy of the death certificate of the depositor.

To confirm your relationship with the deceased, the bank may require additional documents from you not listed above. As a rule, the procedure for processing and verifying documents takes 3-5 days. If the result is positive, the relatives claiming the inheritance will receive equal shares of the deposit amount.

How to receive money from Sberbank by inheritance without a will

In the absence of administrative documents, inheritance of such property occurs in the general manner. If the account owner did not have time to sign off the property, then the contribution will be included in the inheritance along with other property.

In this situation, inheritance of the deposit will occur according to law. When receiving the property of the deceased according to the law in accordance with Art. 1142 of the Civil Code of the Russian Federation, the parents, children and spouse of the deceased investor have priority rights.

The procedure for inheritance is the same as in the case of a will. Relatives of a deceased citizen need to contact a notary. The key point is the deadline for filing papers - 6 months. If applicants do not submit documents, then relatives of the next line are called upon to inherit. This includes siblings and grandparents of the deceased subject.

After receiving the inheritance certificate, the recipients must contact the bank. Money is issued upon application. If the heir recognized the ownership of the deposit through the court, then when submitting the application it will be necessary to provide a court decision.

Deposit search

The will does not require specifying the details of a specific bank. These can be simple expressions: “all movable and immovable property”, “all my accounts”. If there is no will, relatives may not know whether the deceased had savings or the specific location where they were stored.

According to Art. 26 of Law No. 395-I “On Banks and Banking Activities” there is the concept of “banking secrecy”, which includes information about clients and the services they use, including accounts and deposits. Therefore, the bank and its employees have every right to refuse to disclose such information to third parties. At the same time, they are obliged to provide such information to government agencies and their representatives upon an official written request.

In such situations, a procedure is provided for searching for property, including funds in accounts. It is initiated by a notary when opening a succession case at the request of the successors.

He is authorized to send official requests:

• to credit organizations to search for bank accounts;
• to the Federal Tax Service to obtain information on open accounts;
• to the DIA to search for bank deposits whose license has been revoked.

Invoice tracing is an additional service that increases the cost of a notary’s work. Therefore, it is better to clarify the information in advance by checking with the deceased for the presence of deposit agreements and talking with people from a close circle.

The notary must be approached no later than 6 months from the date of death of the testator. If you miss this deadline, it will be possible to restore your rights to the inheritance, even if there is a good reason for the delay, only through the court. If you are late without a good reason, your inheritance may be denied.

Procedure for receiving a deposit from a deceased relative in Sberbank

Procedure for receiving a deposit:

1. Contacting a notary.
2. Search for contributions.
3. Registration of a certificate of inheritance rights.
4. Receiving funds from Sberbank.

Important! The amount does not exceed 100,000 rubles. heirs can withdraw from the deposit without a certificate of inheritance rights in order to organize the funeral of the depositor.

Contacting a notary

The testator has the right to assign his property to any person. Having a will greatly simplifies the procedure for registering an inheritance. However, withdrawal of funds from a bank account is preceded by registration of documents with a notary.

An inheritance case is opened upon the application of the heir. Documents are submitted at the place of registration of the deceased citizen.

List of documents for registration of inheritance in the form of a deposit

After the expiration of the deadline ( 6 months ) for accepting the inheritance, the recipient is issued a certificate.

Important! The state duty when registering an inheritance in this case is not withheld (Article 333.38 of the Tax Code of the Russian Federation). Other services (request to search for a deposit) of a notary are paid by the heirs in full.

Sample application for inheritance

Search for contributions

A testamentary disposition and a will are documents confirming the presence of money in the bank. Quite often, citizens are unaware of the existence of deposits registered in the name of deceased relatives.

Important! If the recipients of the deceased's property do not know about the presence of the deposit, then the bank is not obliged to look for them. The unreceived contribution becomes the property of the state.

If the testator did not leave behind a will or did not transfer the document to the heir for any reason, then finding the bank in which the money is located becomes somewhat more complicated. The key document is the bank deposit agreement or passbook.

They display information about the presence of a deposit, the amount of funds and the name of a specific bank. Usually such documents are kept at home. Therefore, it is necessary to look through the personal belongings of the deceased.

The heir can make a request to Sberbank independently. Below is a sample application for seeking a deposit:

Application for the issuance of money

After receiving the inheritance certificate, the applicant will need to contact the bank. To withdraw money from your account, you must write an application. There is usually a sample included in the jar.

The heir must have with him:

• passport of a citizen of the Russian Federation;
• death certificate of the investor;
• a document confirming the heir's rights to the deposit;
• agreement or passbook.

A bank employee will identify the applicant and check the documents provided. If there are no comments to the heir, then he will be given a date to receive the money. If desired, the recipient can re-register the contract in his name without withdrawing money.

In some cases, a document confirming the citizenship of the testator may be required. Among them:

1. Extract from the house register. The document confirms not only the place of residence of the testator, but also contains records of registration/extract as of 1991.
2. USSR passport insert.
3. Certificate from the Federal Migration Service.

If the specified documents are available, the heirs can receive deposits opened by the testator back in 1991. Heirs born between 1946 and 1991 can expect a doubling of the balance. Persons born after 1991 are not entitled to monetary compensation.

How to find information about the deposits of a deceased person

Since the relatives of the deceased citizen are interested in receiving his inheritance, they are the ones who should be looking for bank deposits. Theoretically, bank employees can search for those persons who claim funds stored in a financial institution. However, in practice no one does this. Moreover, bank employees may simply not know about the client’s death. They receive this information from the notary or relatives of the deceased.

It should be understood that unclaimed deposits are recognized as escheatable property and transferred to the ownership of the state. This is stated in Article 1151 of the Civil Code of the Russian Federation. Therefore, the sooner the heirs receive information about the bank deposits of the deceased, the better.

Notary's help

To obtain information about the composition of the estate, relatives of the deceased should contact a notary office. The fact is that current legislation does not allow banks to provide confidential information even to close relatives of their depositors. At the same time, notaries have the right to send official requests to financial institutions. This way, a specialist conducting a probate case can obtain information about the state of the deceased’s accounts at the time of his death.

The request can be sent to any financial institution. And if relatives have assumptions regarding the bank in which the deceased kept his funds, then they can significantly reduce the search range. In most cases, deposits are found in large government financial institutions.

Search for a deposit in Sberbank

Both a notary and an heir can submit an application to Sberbank. In addition, an authorized representative of one of the successors can contact the bank branch. For this you need to issue a power of attorney.

However, in some cases, the heirs do not have information regarding the number of the branch in which the funds of the deceased relative are kept. Then the request is sent only through a notary. This service is paid. Moreover, you will have to pay both the notary and the bank for issuing a certificate of deposit availability. As a rule, we are talking about small amounts of about 100 rubles.

To contact a financial institution, you need to prepare the following documents:

• notarial search request;
• death certificate of a relative;
• passbook or any other documents received from the bank (if any).

Contacting friends and acquaintances

If the heirs do not know in which financial institution the deceased kept his money, they should talk to people from the testator's immediate circle. Most likely, in conversations with them, he mentioned a bank in which an account could be opened in his name.

Contacting the tax service

This step is advisable if the notary was unable to obtain information about the deceased’s accounts. Then the specialist contacts the tax office. The Federal Tax Service receives data on assets and deposits belonging to citizens. Therefore, here you can get information about all the accounts of the testator.

Deposit Insurance Agency

You should contact this organization if the bank of the deceased citizen has not been accredited by the Central Bank. Accordingly, his license was revoked. To receive compensation, heirs submit a request to the Deposit Insurance Agency.

Who is entitled to the obligatory share?

When drawing up a will, the testator must take into account the interests of socially vulnerable persons. A similar rule applies to a testamentary disposition, which is drawn up in the bank where the deposit is located.

Mandatory heirs include:

• disabled children/parents;
• disabled spouse/dependents.

These citizens are entitled to at least half of the share that they could count on by law. If the will does not take into account their interests, then the notary is obliged to take the necessary actions to allocate a share of the property. The contents of the will are not important. If a dispute arises between the heirs, it is resolved in court.

Reducing the share of the inheritance or refusing to award it is permitted only by a court decision. The initiator of the legal proceedings is usually the heir, whose rights are significantly limited in the event of the allocation of a mandatory share to the applicant.

Waiver of the obligatory share in accordance with Art. 1149 of the Civil Code of the Russian Federation is drawn up in writing and submitted to a notary.

Marital share

If the testator was married at the time of opening the deposit, then such property is the common property of the spouses. Therefore, after the death of one, half of the property belongs to the living spouse.

Allocation of the marital share in accordance with Art. 1150 of the Civil Code of the Russian Federation occurs at the request of the husband/wife. Documents are submitted to the notary within 6 months. Missing deadlines can result in lengthy legal proceedings.

Important! Having received ½ of the contribution as a spousal share, the spouse has the right to claim the share as an heir.