When can I take deposits by inheritance
Terms and procedure for inheriting cash deposits
After the opening of the inheritance, that is, since the death of the testator, the law establishes a period of 6 calendar months, during which relatives and heirs can declare their rights to the inheritance. To open the inheritance, you need to apply to the notary with a death certificate of the deceased, a certificate of his registration, a will (if available), bank documents (if available) and with his identity documents.
To declare your right to inheritance, you must provide the same notary with identity documents, family ties with the deceased or the right to inheritance.
Bank deposits can be inherited by law or by will
By law, in order of priority, relatives may inherit up to the 6th degree of kinship, including dependents. The legislation divides all such heirs into 8 queues, and in the first includes the parents, spouses and children of the deceased.
Under the will, issued in a notarial procedure. In the presence of such a will, all the heirs will receive contributions according to the last will of the testator, with the exception of one nuance. If the testator finds minor children, dependents, or persons who cannot support themselves, then the testamentary document will not be executed in full. These persons will receive half of the amount that they could receive if the inheritance was divided by law.
Under a testamentary order, issued in a bank and left for storage there. This mode of inheritance is characteristic only for bank deposits, is registered and executed free of charge, does not require confirmation from a notary, and applies only to a specific bank account.
Nuances of inheriting cash deposits
Preparing to receive the inheritance in the form of a bank deposit, you should pay attention to the following details:
- On the date of registration and signing of the testamentary disposition. If it is signed before March 1, 2002, the heir specified in this order can withdraw money immediately after the expiration of the 6-month period without a certificate from a notary.If it is signed later, you must submit a death certificate and a notarial certificate of inheritance to receive a deposit to the bank.
- If the legal heirs do not know anything about the deposits of the deceased, the bank is not obliged to search for them. Cash on the deposit of the deceased, not demanded by the heirs, after some time, become the property of the state. To prevent this from happening, relatives of the deceased usually turn to specialized organizations involved in the search for deposits.
- If the heirs do not have any documents confirming the presence of a deposit in any particular bank, it is necessary to act through a notary. He can request this information from the bank and the bank is obliged to issue it.
- For the organization of the funeral of the deceased, the law allows you to remove a certain amount (up to 200 minimum wages), without waiting for a mandatory 6-month period. Heirs or unauthorized persons organizing the funeral, turn to the notary for a decision to withdraw money from the account.
- By order of a notary, the money from the deposit can be withdrawn in order to incur the costs of making a will, in order to ensure the safety of the inheritance and to cover the expenses in connection with the testator’s death-related disease.These funds can also be withdrawn before the expiration of the 6-month period.
In fact, the term for inheriting a bank deposit is equal to the mandatory 6-month period established for all heirs to declare their right to a share. Plus, the time required to collect the necessary documents, if they were not collected during this 6-month period.
In some cases, the deadline for obtaining an inheritance can be seriously increased if:
- the heirs decided to arrange a judicial dispute among themselves about the shares in the inheritance;
- there are new heirs who have declared their rights in court;
- untimely (after 6 months from the date of death of the testator) submission to the notary of an application for the opening of the hereditary case;
- other legal reasons for which the bank may refuse to issue a deposit.
In all these cases, in order to solve the problems that have arisen, they apply to the court and the terms for obtaining the inheritance depend on how quickly the court will figure out the situation and make the right decision.
Inheritance of overseas contributions
If the testator left the inheritance in the form of money on the deposit of a foreign bank, the timing of their inheritance will be problematic.But they will certainly be higher than those if the deposit was in a Russian bank.
The time from the moment of death to the moment of receiving the inheritance depends not only on the legislation of the Russian Federation, but also on the laws of the country in which the contribution was made, on international legal norms and on the choice of applicable law.
If the bank in which the money is lying is not known in advance, a search for a deposit may take the lion's share of time and require contacting an organization searching for dormant accounts.