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Under normal circumstances, for unexpired time deposits, the depositor withdraws them in advance as long as he presents the certificate of deposit and the depositor's identity certificate. If the withdrawal is made on behalf of the borrower, the withdrawer shall hold his identity certificate on behalf of the withdrawer, and the withdrawer shall also sign the name of the withdrawer on the payment voucher. However, the money is moving, and there are often families who fight over property inheritance, causing family disputes. The bank is more worried about burning himself due to improper deposit withdrawal, so he requires the heir to have a clear agreement.
According to the provisions of the inheritance law, inheritance begins when the decedent dies. After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest. The deposit in the certificate of deposit is undoubtedly the property in the name of the depositor, and if the depositor dies without a will and without a bequest and maintenance agreement, the inheritance shall be subject to statutory succession.
At the same time, the Supreme Court also stipulates that the renunciation of inheritance by heirs shall be expressed in writing to the other heirs. Where a renunciation of inheritance is expressed orally, and the person acknowledges it, or there is other sufficient evidence to prove it, it shall also be found to be valid. In this way, through the inheritance and division of the deposit, the heir has a clear agreement on the deposit, which is more acceptable to the bank, and then provides the correct password, and it can be withdrawn.
2. Notarization of the deposit agreement.
For the sake of their own security, banks often formulate a lot of normative requirements, and clearly require that for those who have fixed deposits that have not matured and the depositor dies suddenly, they must be notarized, and the heirs must go through the procedures for withdrawing money only after holding the notarized documents. This requires the heir to take the identification materials and the agreement to divide the property to the local notary office.
3. Resolve the matter through litigation.
The court is always the last line of defense, and in most cases, the bank is more likely to accept the lawsuit through the heir and the court judgment to settle the matter, so that it is more once and for all and there is no worries. This requires the heirs to submit relevant evidence, including savings deposit slips, funeral home cremation certificates, death certificates issued by the public security, town ** certificates and village committee certificates proving identity relationships, and whether there is a declaration of renunciation of inheritance. In litigation, if the heir orally expresses to the people's court that he has renounced the inheritance, the court will make a record and have it signed by the person who renounced the inheritance.
In fact, through the court judgment, everything is put in the court, which can make the rights and obligations of both parties clear, not only clarify the inheritance relationship between the depositor and the withdrawer, but also make the heirs clear about the inheritance order and share, and avoid many conflicts in the future.
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You need to wait until the expiration time to handle it, because the original deposit is agreed on the time, even if the passbook owner dies halfway, you need to go through the deposit time, after the expiration with the death certificate of the deceased, the household registration book, if there are other children on the household registration book, you need to be present collectively to sign a written document, agree to the recipient to withdraw the deposit, that is, who will handle who with their ID card and the above materials can.
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Whether it expires or not, it is the estate of the deceased. It can be due for inheritance.
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When a person dies, a fixed deposit can be withdrawn at maturity. If the deceased's account has not been cancelled, you can go to the bank to withdraw money with the deceased's ID card and the ID card of the person taking it on your behalf. If the account of the deceased has been cancelled, and when the deposit expires, the withdrawal will be made on the maturity date, and the ID card is not required (except for large amounts of more than 50,000 yuan), as long as you remember the password, you can withdraw the money; Or according to the estate distribution agreement, it can be withdrawn after being notarized by a notary public and completing the relevant procedures.
Extended information: 1. Regular automatic rollover.
1. Regular automatic rollover means that after the maturity of the customer's deposit, if the customer does not go to the bank to go through the rollover procedures, the bank can automatically transfer the principal and interest of the due deposit according to the same deposit period, without limiting the number of times, and the interest during the renewal period is calculated according to the interest rate of the previous maturity date.
2. Advantages and disadvantages.
1) Save time, and the final profit is higher than that of current account.
2) When the certificate of deposit is issued, the amount reflected is inconsistent with the amount of the original certificate of deposit. Some depositors often encounter this situation, the customer takes out the fixed deposit certificate issued in the previous years, and asks to open a certificate of deposit, but the balance of the certificate of deposit is not the amount when it was opened, but the accumulation of principal and interest in the past few years, and the customer asks the bank to issue a certificate of deposit according to the face value of the original certificate of deposit, but the system cannot recognize the original amount, and there is a little problem.
2. No transfer on a regular basis.
It means that the deposit will be automatically converted into a current account at maturity, which can be freely withdrawn by customers, and if they want to continue to be fixed, they need to re-apply for the fixed deposit business. If the customer applies for a fixed deposit, that is, after the deposit expires, the bank will automatically transfer it to the next fixed term and continue to enjoy the interest.
3. The automatic rollover of fixed deposits may hurt depositors:
1. According to the existing technical conditions, commercial banks can provide automatic deposit transfer services. However, if the deposit contract does not clearly stipulate this, the commercial bank may divide all the deposits according to the interest rate adjustment and automatically transfer them, thereby harming the interests of some depositors.
2. On the latter hand, the actual deposit period exceeds the deposit deposit, such as the depositor's demand after the maturity of the deposit, the deposit must be deposited in advance, and part of the loss interest income may be higher than the commercial interest of the processing automatic renewal according to the current loss in advance and the interest calculated according to the pre-set interest rate.
If interest rates fall, there will also be inequality problems, and banks will automatically re-deposit with less money to depositors. Therefore, it is unreasonable for commercial banks to implement automatic transfer of fixed deposits without exception.
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Yes, if you know the password, you can go to a bank branch to withdraw money with the ID card of the account holder and the withdrawer, as well as the deposit receipt.
If the bank has frozen the deposit certificate due to the cancellation of the account.
The legal heir has to go to the notary office for notarization, and then go to the branch to withdraw money.
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If you want to withdraw the fixed deposit after you die, you need to operate it according to the actual situation:
1. Know the passbook password and the deposit amount does not exceed 50,000 yuan
If the deceased informed his family members of the password of the passbook before his death, and the deposit amount was less than 50,000 yuan, the family members only need to bring the deceased's ID card and their own ID card before his death, and go to the bank to directly enter the password to withdraw money.
2. I don't know the passbook password
The deceased did not inform his family of the passbook password before his death, and the family members need to go to the notary public to apply for a relationship certificate, and then go to the public security organ to apply for a death certificate. The family members should bring the relationship certificate and death certificate to the bank to report the loss before they can withdraw it.
3. The withdrawal amount exceeds 50,000 yuan
If the withdrawal amount exceeds 50,000 yuan, even if the family knows the passbook password, they must bring the relationship certificate and death certificate to the bank, and the bank staff can only withdraw after verification.
Withdrawal notes.
If the depositor does not know the password or even the depository bank, then the withdrawal process is more complicated, and it is usually necessary to go through the inheritance process to withdraw.
According to the relevant laws, if the family wants to withdraw the deposit funds of the deceased depositor, they must issue a valid inheritance certificate to the bank, notarized by the local notary office.
Generally, when handling fairness, the notary office will charge a certain notary fee, and the minimum notary fee may be a few hundred yuan, so in the case of not knowing the deposit password, the withdrawal is not only troublesome, but also not cost-effective.
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The CCB electronic treasury bonds in his name can be withdrawn before maturity, but after the death of the depositor, the legal heirs can only withdraw if they prove their identity, and the specific process is as follows:
to the notary public at the place where the savings institution is located.
Where there is no notary office, apply to the county or city people's court for inheritance rights.
Certificate; In the event of a dispute over the inheritance of the deposit, the people's court shall impose a judgment;
Savings institutions shall present their inheritance certificates and judgments of the people's courts.
Ruling or conciliation.
Proceed with the transfer or payment procedure.
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