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Qian died of a heart attack a few months ago, and his salary before his death was deposited in the bank and not withdrawn. Qian and his ex-wife have long been divorced, and their son, mother and sister live with Qian, so what should be done with his deposits in the bank after Qian's death? Who should inherit this money?
According to the provisions of the "Inheritance Law", if Qian made a will during his lifetime, he inherited according to the will; If there is no will, the deposit should be inherited by Qian's first-order heirs, that is, his son and mother. If the family knows the password of his salary card, they can directly take their ID card to the bank to withdraw it. If you don't know the password, you need to go through certain procedures.
Generally speaking, heirs need to present salary cards, ID cards, household registration books, depositors' death certificates, notarial certificates of inheritance rights and other materials, and go through the relevant procedures at the bank before they can withdraw their deposits.
1. The heir needs to go to the notary office to go through the notarization first, confirm the identity of the heir, and check the bank deposit of the deceased at each bank with the "Deposit Inquiry Letter" issued by the notary office.
2. To handle the notarization of the heir's ID card, the heir's ID card, household registration book, and death certificate of the decedent are required.
3. If there are multiple heirs, they can make inquiries to the bank separately or jointly.
4. After receiving the "Deposit Inquiry Letter", the bank will issue a "Notice of Deposit Inquiry".
To apply for the "Deposit Inquiry Letter", you need to bring the ID card and household registration book of the heir, the ID card of the decedent, the death certificate and the certificate of kinship, and any of the legal heirs can do it. The notary will generally advise the heir to check the bank near the decedent's place of residence or work.
How to inherit? <>
According to Bank of China, to inquire about the accounts and deposits of deceased customers, it is necessary to provide a certificate of inheritance issued by a notary public or a people's court or other documents that can prove the identity of their legal heirs, a death certificate of the original depositor, and a valid identity document of the person applying for the inquiry before the relevant inquiry can be handled. ICBC said that the deposit inquiry letter issued by a notary public is required, and less than 5,000 yuan can be directly handled at the counter with a valid identity document and card fold, but a written commitment must be signed, promising that the resulting inheritance disputes will be borne by the person; If the amount is more than 5,000 yuan, you need to present the relevant documents and the notarial certificate of inheritance issued by the notary public to go to the counter; CCB said that the parties need to provide a death certificate, heir ID card, decedent ID card, notarial certificate or property inheritance certificate, go to the opening bank for processing, and it is best to bring a bank card and passbook.
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How to withdraw a bank fixed deposit after the death of a depositor.
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After the death of the depositor, the family can go to the bank for consultation with the household registration book and other documents, and if the bank requires the issuance of a death certificate, it should go to the public security department to open the certificate, so that the money should be withdrawn.
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The heir has the deceased's deposit bank card passbook fixed deposit certificate and knows the password, with the bank card passbook can directly withdraw money, less than 50,000 without ID card, 50,000 and more than 50,000 to the depositor and the withdrawer both ID cards to withdraw, can also be divided into multiple days below 50,000 without ID cards, fixed deposit maturity date below 50,000 as long as the password can be withdrawn, 50,000 and more than 50,000 also need both ID cards, unexpired or expired automatic transfer must bring both ID cards.
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With your identification and the card you have applied for, you can go to the bank and withdraw the money.
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After the death of the depositor, the family does not know the password to withdraw the deposit from the bank card. But this situation is more troublesome, and the money can only be withdrawn if the body certificate is issued. If the deceased has made a will before his death, then the estate can be retrieved directly.
If the will is not notarized or there is no will, then it is very troublesome to carry out. First of all, you must have the right to inherit and have proof of kinship. And I have to go to the Civil Affairs Bureau to issue a death certificate.
How can the depositor's family withdraw the deposit if they don't know the password?
In fact, if the depositor dies and the family does not know the password, it is very troublesome to go to the bank to withdraw the deposit. You can only get the money out if you open a certificate of the body, and if the person made a will before he died, then you can go directly to the bank and get the money. If the will is not notarized or there is no will at all, then you must guarantee that you are a relative with the right to inherit, and you must also issue a certificate of kinship.
The method of withdrawing the deposit upon the death of the depositor
If the depositor dies and the family does not know the bank's password. If the deposit amount is more than 50,000 yuan, then the money can only be withdrawn by opening a certificate of remains. If the deposit does not exceed 50,000 yuan, the procedure is very simple, as long as you report the loss to the bank, after the bank handles it, you can get the money by using the depositor's death to bring your ID card or the death certificate of the deceased.
A reminder
Therefore, if the depositor dies unexpectedly, the family can go to the bank to take out the deposit without knowing the password, but be sure to bring the relevant proof. Although the process is a bit complicated, it is still possible to withdraw the money. However, you must prove your identity and go to the bank with the corresponding materials.
And the amount is different, the materials used are also different, be sure to prepare comprehensive materials before going. But if it doesn't exceed 50,000 yuan, then as long as you bring his death certificate and your ID card to prove your relationship with the other party, you can take out the money.
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If you know the bank deposit password of the elderly, you can bring the passbook or bank card, the depositor's ID card, the household registration book and the withdrawal person's ID card to the bank counter to withdraw money.
If the old man's deposit password is not known, the first-order heir should go to the local notary office to apply for a fair inheritance certificate. At the same time, bring the death certificate, cremation certificate, account book of the withdrawer, ID card, passbook or bank card to the bank for password reset and transfer.
The inheritance law stipulates that the first order of heirs is: spouse, children, and parents. If your father is gone, your father's estate will go up to your mother, yourself and your siblings, grandparents.
If there is a dispute over the distribution of the estate or the will, you can file a lawsuit with the people's court. In an inheritance lawsuit, as long as it is confirmed that the successor has the right to inherit or enjoy the share of the deposit, the heir can request the bank to pay the deposit with the court's judgment or mediation letter.
If a loved one dies without leaving a will, the treatment of his bank deposit must be in accordance with the law
1. If the elderly do not know the deposit bank and the amount of the deposit before his death, his spouse must go to the People's Bank of China to inquire about the deposit information of the deceased with his ID card, marriage certificate, death certificate and notarial certificate of inheritance;
2. If the deceased elderly person has no spouse or the spouse also passed away, his children must first go through the notarization of kinship, and then go to the bank to inquire about the amount, and after the bank issues the inquiry results, if there is no dispute about the inheritance right and share, the inheritance right can be notarized, and the notarial certificate and the old man's death certificate and other materials shall be issued to the bank, and the money can be withdrawn;
3. If you know the bank and amount of the deposit of the old man before his death, all the legal heirs shall first negotiate the division of the deposit retained, and then make a notarization after reaching a consensus, and then issue a notarial certificate and death certificate to the bank before the deposit can be withdrawn;
4. If the old man knows the bank and amount of the deposit before his death, and there is a dispute over the inheritance right or inheritance share of the deposit, he may file a lawsuit with the people's court with jurisdiction, and the court shall adjudicate according to law.
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Inheritance procedures for the deposit of the deceased account:
1. Notarization: The legal heirs handle the deposit inheritance of deceased relatives, "except for the inheritance of immovable property, the notarization of property inheritance can be handled by the notary office where the heir's household registration or estate is located where the heir applying for notarization is located." The notary office is a national notary public and the validity of legal notarial documents issued by the notary public is not subject to geographical restrictions".
After the death of a depositor, the legal heirs of the depositor may withdraw money from the local savings institution with the inheritance certificate issued by a foreign notary public in accordance with the law, and the local savings institution may handle it accordingly. In the event of a dispute, "it shall be handled with the judgment or mediation letter of the court at or above the district and county level";
2. If the depositor dies without heirs and has no will, after notarization by the notary office, according to the provisions of the Ministry of Finance: "The unit where the depositor is located before his death is the deposit of employees of enterprises and institutions owned by the whole people, state organs and mass organizations, shall be handed over to the treasury of the corresponding level of the financial department for nationalization; The deposits of employees of collectively-owned enterprises or public institutions shall be transferred to the ownership of the unit; None of the above deposits shall be subject to interest";
3. It is difficult for the savings bank to accurately grasp the life and death of the depositor, so the depositor's identity document should be required for the payment of the deposit and consumption of the depositor's identity card in accordance with the regulations. "If a dispute over the inheritance of deposits arises after the fact, the savings institution is not responsible.
Legal basisArticle 40 of the Regulations on the Administration of Savings.
In the event of a dispute over the ownership of a savings deposit, which involves the transfer or payment procedures, it should be handled with caution. After the death of the depositor, in order to prove his identity and the right to withdraw the deposit, the legal heirs shall apply to the notary office where the savings institution is located (or the county or city people's court if there is no notary office, the same below) for a certificate of inheritance, and the savings institution shall handle the transfer or payment procedures on the basis of this.
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There are "2 ways" to smoothly withdraw the deceased relative's pre-mortem savings in the bank
1. Take it out directly.
This method is the simplest and most straightforward. But the premise of this method is that you have to hold the depositor's bank card and know the password of the bank card, so you can withdraw it directly. In addition, many people's bank cards are now bound to online banking, and if you can transfer money on your mobile phone, you can transfer money directly, which is also more convenient.
But some elderly people who died suddenly use passbooks, what should they do if they don't have a bank card? If it's a passbook, it's a little more troublesome than a bank card. Before going to the bank, you need to prepare the deceased's ID card and your own ID card, and all the heirs need to agree on the distribution of the deposit of the Zodiac Bureau.
As long as these two conditions are met, you will be able to go directly to the bank to withdraw money. None of them will work, and the bank will directly refuse to withdraw your cash.
If you are the sole family member of the deceased, this process may be more convenient, but if there are multiple heirs, the bank will also have a lot of requirements for this. Under the premise of not knowing how many heirs you have, the bank will not help you handle the withdrawal business of more than 5,000 yuan. The most important condition is to obtain the approval of all heirs for the distribution of this fund.
2. Take it out after obtaining the right of inheritance.
If you don't know the deceased's bank card password, it is actually very troublesome, not only the procedures are complicated, but there are also a lot of documents that need to be handled. After the death of the depositor, the deposit can actually be counted as an inheritance and is within the scope of inheritance, but if the money is withdrawn in this way, the process is very complicated, and there is also a corresponding inheritance fee.
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