Consider the order of inheritance of cash deposits. What it is? The hereditary mass that remains after the death of its owner includes various property categories. It includes apartments, land, houses, cars, copyrights, stocks, and debts. In addition, you can inherit the rights to financial resources in the bank. Bank deposits are inherited on the basis of the general succession, but it differs in its features. Often this procedure raises a large number of questions in people and is associated with the observance of many formalities and the preparation of a number of documents.
Inheritance order
In accordance with the law, inheritance of cash deposits can be according to the law, that is, in order of succession, and by will, based on the will of the testator.
Cash deposits have a standard inheritance procedure:
- The inheritance is opened at the location of the property, by writing a statement and contacting a notary.
- Registration.
- Obtaining a certificate of inheritance.
If there is no information about the contribution and the past deadline for opening a case with the discovery of funds in the accounts in the future, the only way to receive them is to appeal to the court.
Specificity
Against the background of the standard procedure, which applies to all categories of heirs, there are also certain features that characterize the inheritance of cash deposits in a credit institution:
- Availability of testamentary disposition. The owner at the time of opening the deposit has the right to leave appropriate orders in case of his death. Such a testament is not complete, it acts only in relation to an open account. But the date of its compilation is of some importance. So, until 01.03.2002, the article of the Civil Code was not yet in force in the new edition. Funds could only be obtained with a testamentary deposit order. Today, not only an order is required, but also a certificate from a notary.
- "Sleeping contribution." When relatives are not aware of the existence of a deposit, the credit institution is not obliged to search for its new owner. When the statute of limitations expires, the money simply passes into state disposal.
- Lack of documents. In the event that there is no evidence in the form of documents (agreement, card, passbook), but there is reliable information about the presence of a contribution, a notary can make a request. He should be given information on a contribution drawn up for a citizen whose relatives opened a case by inheritance. This makes it possible to include financial resources in the inherited mass.
- Right inheritance of a cash contribution by the surviving spouse. The allocation of shares is affected by the opening time of the account. With property acquired together, half goes automatically, and the other half is divided between the heirs. In another case, the contribution is divided equally.
- When inheriting a contribution by minors, they can manage money only when they reach the age of majority. These funds can be spent on their needs by parents or people who officially replace them. However, for this it is necessary to obtain consent in custody.
- It is allowed to take money from the deposit before the end of six months for the organization of the funeral (the permissible amount is forty thousand). This can be done not only by relatives, but also by strangers who paid the expenses. The bank issues money on the basis of a notarial decree.
What papers are required to be issued for the inheritance of cash deposits?
Documents
For these purposes, documents will be needed, that is, their package, which includes a death certificate, statement of claim, (if any) will, legal documents (agreement, passbook). If inheritance is carried out by law, then proof of kinship is required. In the absence of documents on the deposit and the availability of information about the bank, the notary has the right to send a request. When it is known only about the presence of a deposit, but there is no information about the bank, you can resort to the help of organizations that are engaged in the search for deposits. Immediately after their discovery, you can open a case and send a notary with his request to a specific institution. What opportunities are provided for deposits for individuals?
To receive funds from a bank account, after issuing a certificate from a notary public, heirs may need the following documents, determined by the circumstances of the situation:
- certificate of citizen's right to inheritance;
- an agreement on the division of the inheritance with the determination of shares (if there are several heirs);
- notarial certificate to the executor of the will;
- copy of the court ruling on the recognition of ownership of this contribution;
- a decree from a notary public for reimbursement of funeral expenses.
Statement of claim
In some cases, problems arise with the inheritance of cash deposits by law, due to the delay in the date of application submission or the bank's refusal to pay funds. This arrangement allows you to get the due only one way - to file a lawsuit. Such claims are divided into two varieties:
- recognition as heir - if it is not possible to not only solve problems with the contribution, but also with the hereditary mass in principle;
- on recognition of ownership of a cash contribution.
Information in the application
Regardless of the type, this is the standard documentation that is submitted to the district court. Despite the fact that there are differences in specific language, the following information must be included in the application:
- court information;
- information about the participants: the defendant, the plaintiff and third parties;
- essence of the petition (claim);
- circumstances of the case;
- list of accompanying documents.
The set of documents must be provided in the original, and the number of copies is made according to the number of participants in the trial.
Certificate of Inheritance
The right to inherit cash deposits is proved by a certificate issued by a notary. A document approved by law applies to all categories of property inherited by a citizen. Regardless of the number, even if there are several contributions, a certificate of inheritance will be issued in one copy as a whole for the inheritance. But in the document itself all categories of inheritance will be listed.
Inheritance of funds on a passbook
Deposits for individuals on the passbook are inherited in the same way as with other bank deposits. That is, on general grounds. When it comes to obtaining compensation by a citizen on deposits that burned out on the savings books of grandparents after default, there are some peculiarities. The heirs of the first stage can also get it. True, the amounts there are microscopic, so people do not want to bother.
Deposits in Sberbank: inheritance
The main Russian bank operates according to generally accepted rules, which means that all legislative norms apply to its depositors. If the contribution is open here, then inheritance is greatly simplified. Sberbank has an extensive database, as well as its own deposit search service, which will quickly scan all branches and find a lost account without a savings book.
In addition, when opening a deposit, the client is strongly advised to draw up a testamentary disposition in favor of one or more relatives or other heirs. If the depositor dies, then the money from the deposit with a testament executed on it will be issued to the person or persons, as well as to the organization indicated in it, regardless of the term for applying for financial resources. However, only if the deposit is open before March 2002.
Inheritance of deposits in foreign financial institutions
Other types of financial inheritance are most often bank deposits with foreign financial institutions that were opened by the testator. Russian law includes them in the aggregate estate inherited. In practice, all this is determined by the regulations of the country where the account is located. Different states have special approaches to the shares of spouses or relatives. The inheritance of cash deposits without a will is accompanied by a number of problems that are determined by international law. Domestic laws differ in different countries, so the choice of law used directly affects the procedure for inheritance and the share of the heir. For example, differences can be noted in the rights of spouses, the onset of adulthood, etc.
Deposit Search
However, the main problem is the search for a deposit. The search for such deposits can be quite expensive, since any request to a foreign bank has a certain value both in Sberbank and in commercial institutions. To overcome this stage, you need to contact the special organizations looking for sleeping accounts as soon as possible.
Abroad, as in our country, there is a practice of transferring unclaimed contributions to state ownership. For example, in Switzerland, it is planned to introduce a law in 2018 on the transfer of such funds to the treasury in the event that the owner of the deposit or its heirs have not appeared for more than fifty years.
Possible difficulties
The process of obtaining an inheritance, although lengthy, is at the same time streamlined and fairly understandable. Despite this, special cases may appear that repeatedly complicate it. These include:
- difficulties in relations between heirs, as well as the appearance of other participants;
- the application for opening the inheritance case was not submitted on time, that is, the application was submitted to the notary after more than six months have passed since the death of the testator;
- bank refusal to disburse funds legally.
How to get money by testament? In these and other cases, in order to assert your right to a share of the deposit, a petition is required to the court with a statement of claim. This can be done both in relation to inherited property as a whole, and in particular to a monetary contribution. A lawsuit must be filed with a district court, and it must contain the following information:
- about participants in the process (plaintiff, defendant, other persons);
- court information;
- essence of the case and circumstances;
- petition.
All documents that are relevant to the case are attached to the lawsuit. You can use your own right to inherit the deposit only after an appropriate court decision.