Inheritance of cash deposits in the event of the death of the depositor

Published: 08/20/2019

Updated October 2021

Heirs have the right to claim any property belonging to the testator. Bank deposits are no exception. The procedure for inheriting bank deposits in 2021 with and without a will is determined on the basis of Section V of Part 3 of the Civil Code of the Russian Federation. The procedure is based on the general rules of inheritance, but the legislator has provided its own characteristics for this type of property.

Who can receive a bank deposit

In the event of the death of the person in whose name the bank deposit was registered, only his heirs can receive the funds.

If a citizen has not executed a will or testamentary disposition, then the inheritance of the contribution occurs according to the law. This option is based on family ties between the deceased and the heirs.

Applying to a credit institution is possible if you have a certificate of inheritance rights. However, to receive it, the contribution must be included in the inheritance property. That is, the heirs must know about the availability of funds.

Important! Unclaimed money goes to the state (escheat property).

When inheriting by law, funds will be distributed among recipients in equal shares. Therefore, the more heirs in the successive line, the less amount each person will receive.

Expenses for entering into inheritance rights

To enter into an inheritance, you do not need to make any monetary transactions into the state budget. Such taxes have long been abolished. However, you will have to pay some money for notary work. It will be calculated primarily based on the tariffs established by the government. This allows us to reduce competition in this area.

Few people know how else it is possible to receive money from a deposit. Recently, assistance in registering and processing inheritance rights has also been provided at the MFC. But it is worth considering that it cannot be provided without notarial assistance. The certificate subsequently issued can only be made by a notary appointed to his position by the state apparatus.

If the bank is unknown

Testators do not always inform relatives about the presence of deposits. If a person did not leave a testamentary disposition or did not provide the name of the bank in which his funds are located, then the relatives will have to look for the money themselves.

Options for searching for the deceased’s deposits

Testamentary disposition

The law recognizes a notarial will and a testamentary disposition executed in a bank as equally valuable - this is directly stated in Art.
1128 Civil Code of the Russian Federation. The order is drawn up directly at the bank, in the branch where the deposit is opened. There are three main advantages of this method of managing your contribution in case of death :

• free registration;
• no witnesses needed;
• you can establish the procedure for paying the inheritance.

According to the law, the account owner can not only determine who and what shares will receive from his money after the funeral. You can also schedule the time frame for when this money will arrive to the heir: for example, after reaching the required age or in installments with regular payments .

You can draw up a testamentary disposition for all deposit money in all accounts in a certain bank branch, or for a specific deposit and for each account separately. There may be several heirs: they will receive the funds in equal shares or in the proportion that the testator establishes.

The procedure for wills and inheritance of bank deposits in the account is established by government decree No. 351 of 2002. According to it, a bank employee must verify the identity of the account owner, introduce him to the articles of the Civil Code on inheritance and then accept the order. The testator must indicate his full name, address, and also describe the heirs as fully as possible.

After the death of the testator, the bank will receive a request from the notary, to which it will respond with a copy of the order or outline its main points. The notary will compare the order with other wills and make a verdict whether it is valid or not (the testator can cancel the order in a more recent will and not notify the bank).

How to inherit money from a bank

A mandatory document for receiving funds is a certificate of inheritance rights.

Procedure for heirs:

• collect documents;
• submit an application to a notary;
• obtain a certificate;
• contact a credit institution.

Required documents

To take ownership of property rights, heirs need to prepare documentation.

List of documents:

• statement;
• identification;
• death certificate of a relative;
• papers indicating relationship with the deceased subject;
• bank deposit agreement or savings book;
• certificate of the place of registration of the deceased citizen.

Expert opinion

Stanislav Evseev

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

If the heir is not a resident of the Russian Federation, then he additionally needs to submit a document that confirms the legality of his stay in the country. Documents of a foreign state must be translated into Russian. A notarized certification of the translation will also be required.

Application Form

The application is drawn up by the heir in his own hand. If a citizen cannot submit documents in person, then the application can be sent by mail.

To do this you need:

• certify the application at any notary office;
• prepare an inventory of the investment;
• attach copies of documents.

An alternative option is to enter into inheritance through a representative. The heir must issue a notarized power of attorney for the trustee.

The document must contain the authority to submit an application to a notary and obtain a certificate of inheritance rights. The heir must withdraw funds from the deposit independently.

The application must include the following information:

• name of the notary office;
• heir data;
• document's name;
• information about the death of the investor;
• the presence of a family connection;
• data of other heirs;
• date and signature.

Sample application for acceptance of inheritance (cash contribution)

Obtaining a certificate of inheritance rights (cash contribution)

The law provides for the issuance of a certificate 6 months after the opening of the inheritance.

The opening date is considered to be:

• the day following the death of the owner (in case of biological death);
• the day following the day the court decision enters into legal force (if the investor is recognized as deceased);
• day set by the court (when determining death in court).

To obtain a certificate of inheritance rights, you must pay a state fee. However, inheritance of deposits in credit institutions is not subject to duty.

Therefore, the heir pays only for legal and technical services. Rates on them vary depending on the region of circulation. They can be clarified on the website of the Federal Notary Chamber.

Contacting a credit institution

After the notary issues the certificate, the heirs need to contact the territorial branch of the bank where the cash deposit is located.

You need to have the following documents with you:

• passport;
• certificate of inheritance;
• court decision (if property rights were recognized in court).

You will need to write a corresponding application to the bank. The form of the document can be approved by the internal documents of the financial organization. After this, the bank will set a date when the heir can come and withdraw the cash deposit.

How does the bank find out about the death of a depositor?

After the death of the depositor, funds from his account can be spent only by inheritance. No one, including government agencies, can initiate the write-off of money until the inheritance period has ended.

The bank cannot independently contact the registry office and request information about the death of its depositor. In practice, relatives often use the cards of the deceased to withdraw funds from them, believing that they are already heirs, and in the end the funds will still belong to them.

This approach is unlawful. First of all, this is due to the fact that relatives cannot know for sure whether the inheritance of bank deposits will be carried out according to the law, or whether the deceased left a will (including a testamentary disposition).

In fact, until the closure of the inheritance case, the funds do not belong to anyone, and succession is realized at the end of the six-month period if the applicants accept the inheritance.

The bank will not independently find out whether the owner of the deposit is alive or not. He will not make any requests, go to court or contact relatives. A possible option for the bank in such cases would be to obtain information from relatives who can provide the bank with a copy of the death certificate, or the information can be sent by a notary in the process of working on the inheritance case.

Joint property

The bank deposit is the joint property of the spouses . Any property acquired by spouses during marriage is their joint property (Article 34 of the RF IC).

Consequently, the spouse has the right to withdraw ½ share of the deposit from the bank before entering into inheritance. To do this, you must obtain a certificate of allocation of the marital share. The second part of the deposit is divided equally between the heirs.

The exception is the situation when the spouses have drawn up a marriage contract. If there is an agreement, the spouse has the right to the share specified in it. A prenuptial agreement may recognize the contribution as the contributor's personal property or increase the spousal share.

Example. The citizen made a cash deposit. Heirs of the 1st line are a wife and an adult daughter. The deposit was opened during the marriage. Therefore, half of the amount belongs to the wife of the deceased man. The second part is divided between the wife and daughter of the testator. As a result, the wife’s part amounted to ¾, and the daughter owns ¼ of the deposit amount.

Deposit taxes, paperwork costs

There is currently no tax on inheritance in the form of a contribution. This practice has occurred in the Russian Federation previously. Now, those claiming an inheritance are only required to spend money on paying for notary services, as well as paying state fees. It is important that the latter does not apply to cash deposits and is not taken into account in calculations if there are other inherited positions.

The amount of monetary costs for a service from a notary consists of two indicators: the state tariff for performing notarial acts, as well as the average price tag for the provision of functions of a legal and technical nature (consultations, generation and printing of documentation, its certification, etc.)

Is it possible to withdraw funds early?

The law provides the following options for early withdrawal of funds:

1. In the absence of other heirs . It is possible to completely withdraw the deposit from the testator’s account ahead of time only in one case - the presence of categorical evidence that there are no other heirs. However, for this you need to obtain a certificate of inheritance rights. Under such circumstances, the notary can issue it before the expiration of 6 months (Article 1163 of the Civil Code of the Russian Federation).
2. To organize a funeral. Without a certificate, the heirs can withdraw the money partially. The basis is to cover expenses caused by a pre-mortem illness, the funeral of the testator or protection of the inheritance (Article 1174 of the Civil Code of the Russian Federation).

Claims for reimbursement of costs may be made against the executor of the will or the estate. The legislator determined that to ensure a decent funeral for a person, any money can be used - deposits or funds in accounts.

Reimbursement of citizens' expenses occurs on the basis of a notary's decision. The document must be submitted to the bank where the deposit is located.

The heir can withdraw the necessary amount for the funeral of the testator at any time before the expiration of the 6-month period . The maximum amount that the bank issues on the basis of a notary’s decree should not exceed 100,000 rubles.

The order of inheritance of deposits

Like other property, deposits can be inherited in accordance with the procedures established by applicable laws and regulations:

1. Inheritance of deposits by law in order of priority. Russian legislation provides for 8 lines of heirs. The first is parents, spouses, children. Relatives up to the 6th degree of kinship, including dependents of the testator, can claim inheritance.
2. According to a notarial will. The presence of such a will does not guarantee that the heir will receive a contribution in the amount specified in it. If a deceased relative has minor children, dependents, or among the legal heirs there are persons who, due to age or health, are unable to support themselves independently, then the will will be partially executed. Such persons are entitled to 50% of the amount of the inheritance that they would have had if they had inherited by law.
3. According to a testamentary disposition drawn up at the bank. This inheritance order is typical only for deposits and is regulated by Article 1128 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation). Such an order is issued free of charge and does not require notarization. It applies to a specific account.

Peculiarities

The features of inheriting deposits in Sberbank and other Russian financial and credit organizations include the following:

• The date of drawing up the testamentary disposition is important. If it was signed before 03/01/02, then a certificate from a notary is not required for the heirs to withdraw the deposit;
• if the relatives of the deceased are not aware of the presence of a deposit opened for him, the banking institution is not obliged to look for new owners . Based on Article 1151 of the Civil Code of the Russian Federation, an unclaimed deposit may, within the time limits established by law, become the property of the state;
• if relatives do not have documentary evidence that a deposit was opened in the name of the deceased, for example, an agreement, but there is reliable information about its existence, the notary has the right to request this information from the bank ;
• if the deposit is inherited by the spouse, then the date of its opening matters. If this is jointly acquired property, then the remaining spouse receives half, and the remaining funds are divided equally among the heirs;
• If minors become heirs, then they will be able to use the funds upon reaching adulthood. Guardians can use this money for their maintenance, but only with the official consent of the guardianship service;
• Persons (heirs or outsiders) can use the funds (no more than 40,000 rubles) before the expiration of 6 months from the date of death of the testator to organize the funeral of the deceased. This possibility is provided for in Article 1174 of the Civil Code of the Russian Federation. To withdraw money, a notary's decree is required;
• deposits, like other inherited property, are not subject to taxes . But, when entering into an inheritance, spouses, parents, children, sisters and brothers will have to pay a fee and notary services in the amount of 0.3% of the amount (no more than 100,000 rubles), and the remaining heirs - 0.6% (no more than 1,000,000 rubles) ;
• heirs have the right to both withdraw funds from the deposit and leave them in the account.

Inheritance of foreign deposits

Receiving deposits in foreign currency follows the same scheme as in rubles. As for deposits located abroad, it will be more difficult to access money.

Difficulties in inheriting foreign deposits:

1. Remoteness of the banking institution . Any bank transactions are usually carried out only after the identity of the applicant has been established. Similar procedures occur when a citizen visits a branch of a financial organization. Therefore, you cannot do without the help of an experienced lawyer.
2. The need for accurate information about the availability of a deposit. Sometimes finding money abroad is almost impossible. The heirs will only have to rely on the legislation of individual countries. It happens that after the contract expires and there is no contact with the account owner, the bank itself may initiate the search for him.

The easiest place to find a deposit is in Switzerland. There is a special organization there - the Swiss Banking Ombudsman. The institution helps relatives find inheritance in the country. The service is provided on a paid basis.

Features of deadlines for processing documents and deposits

The period is similar for inheritance of property or cash deposits. After opening the inheritance, applicants will have to wait six months. A reduction in this period is sometimes allowed when the circle of applicants is finalized. More often it is extended precisely because of the initiation of legal proceedings. If there is a delay for good reasons, it can also be canceled through the court.

If the bank is unknown

Circumstances cannot be excluded in which there is no will and the inheritance mass is not determined. If the client has information that the testator opened a bank account, the notary is authorized to make an official request to clarify this information. The credit and financial branch is obliged to issue an information certificate. A six-month delay facilitates the completion of such operations.

Arbitrage practice

If a notary refuses to issue a certificate of inheritance rights or include a deposit in the estate, then the heir has the right to defend his interests in court. Courts often grant claims regarding cash deposits.

Let's look at a few examples from judicial practice.

Example. Citizen V. filed a claim for recognition of ownership of the deposit in the bank. The woman motivated her demands by the fact that after the death of her mother, property that was not included in the inheritance was discovered - a cash deposit in Sberbank. Whereas the woman inherited real estate according to the will. However, the deposit did not appear in the administrative document. The plaintiff claimed that she was the sole heir at law. But I couldn’t take over my rights. The reason is the refusal of the notary. Since inconsistencies and corrections were identified in her birth certificate. It was not possible to resolve the issue out of court. Archival data was destroyed during military operations in Grozny. The plaintiff's position was also confirmed by the testator's grandson. After studying the case materials, the court satisfied the claims (Decision of the Vyazemsky District Court of the Smolensk Region dated February 18, 2013, case No. 2-253/2013).

The basis of the judicial act was a will addressed to the plaintiff, the absence of other heirs in the materials of the inheritance case, certificates from the administration of the rural settlement, direct and indirect evidence (birth/divorce certificate, copy of the work record book, documents from the VET, testimony of witnesses).

Example. Citizen M. filed a claim for recognition of ownership of the cash deposit. The plaintiff also requested compensation for legal costs at the expense of the defendant. The man claimed that he was the grandson of the testator. The direct heirs of the deceased citizen died before him. The man did not submit an application for inheritance rights in a timely manner. However, he actually accepted the inheritance, since he lived with his grandfather. In court, the fact of inheritance upon presentation was confirmed. However, the claims were partially satisfied. The court recognized the heir's ownership of the deposit. As for the recovery of legal costs from the lawyer, they were caused by the inaction of the plaintiff himself. Therefore, they are not subject to satisfaction.

The basis of the judicial act was the actual acceptance of the inheritance and the absence of direct heirs. Apparently, the grandson became aware of the presence of the deposit after the expiration of the 6-month period.

What difficulties might you encounter?

The process of receiving funds from a bank account through inheritance seems simple and straightforward. However, in practice, difficulties arise that can significantly complicate the procedure for their payment. The main ones are described below.

The most common difficulty is the lack of information about whether a person has a deposit. If a will or testamentary disposition was drawn up, you should look for a copy in the personal belongings of the deceased. Contacting the bank, as a rule, does not bring results, since the applicant for the property does not have the necessary rights before receiving the certificate, which means the bank is not obliged to provide him with information.

This option is also possible: the heir draws up a certificate relating to other property, and after some time finds out that the testator has a bank account. In such a situation, he has the right to contact the notary again to issue an additional certificate (clause 2 of Article 1162 of the Civil Code of the Russian Federation).

Tax

Cash contributions, like other valuables included in the estate, are not subject to tax, however, citizens who have entered into an inheritance are required to pay notary services and state fees. The fee for services depends on the degree of relationship. Close relatives pay 0.3% (not more than RUB 100,000.00) of the inherited amount, others - 0.6% (not more than RUB 1,000,000.00).

The fee for opening a case is 1,500.00 rubles. To obtain a certificate you need to pay 600.00 rubles. It costs the same amount to write a statement from the testator.

Deadline for accepting inheritance

The period for accepting an inheritance is determined by the provisions of Art. 1154 of the Civil Code of the Russian Federation, from which it follows:

• it is necessary to accept the inheritance within six months from the date of death of the testator or the entry into force of a court decision declaring him dead;
• the period for accepting an inheritance may be increased to six months if the right to receive it arose after the failure of other heirs to accept the inheritance;
• the maximum period for accepting an inheritance in the event of its increase due to the above reasons cannot exceed nine months.

Article 1155 of the Civil Code of the Russian Federation provides for methods of accepting an inheritance at any time after the expiration of the period specified in Art. 1154 Civil Code of the Russian Federation:

• submission by all heirs of written consent for the specified person to receive his share in the inheritance;
• a court decision made on the basis of evidence provided by a citizen that he could not accept the inheritance on time. You must go to court no later than six months after the disappearance of the reasons that prevented you from filing an application for acceptance of the inheritance on time.

Contents of the order to Sberbank

This paper must indicate the following items:

• day and place of drawing up the order;
• passport details of the testator;
• an indication under what circumstances the transfer of ownership occurs (usually upon the death of the owner);
• details of the deposit that is bequeathed;
• data of the heir (or a number of heirs);
• the number of valid copies of the order and their location.

At the end, the signature of the testator, the bank employee who accepted the order, and the seal of the banking department are affixed.

Sample testamentary disposition for deposit

When you contact a bank or a notary, you will be given forms and they may differ from those presented on the website, the main thing is to carefully check that they contain all the necessary items (see above).

The order form can be downloaded here:

Testamentary disposition - form.doc

Filling example:

This order is drawn up in at least 2 copies, one of which remains in the bank, and the other is taken by the testator.

The document is not subject to correction. If the account owner changes his mind and decides to change it, then a new order is drawn up and the previous order is canceled. You can make any changes - composition of heirs, distribution of shares.

If there are several planned heirs, then it is better to indicate in what ratio the contribution is divided between them. If there is no indication of the share, then the funds will be distributed between them proportionally.

The validity period of a testamentary disposition for a deposit in Sberbank is not limited. There is no point in updating it. The order will be valid as long as the deposit is active. If the applicant closes the deposit and withdraws money, then, accordingly, it expires.

An important point: if the testator has several accounts in different banks, and not just in Sberbank, then he needs to visit all the institutions and draw up a separate document in each. You cannot leave a one-time order for all bank assets.