As you know, inheritance is a very difficult and long process. According to the law, a person can enter into this right only six months after the day of the death of the testator. In other words, six months must have passed since the opening of the inheritance. During this time, all the heirs claim their rights to one or another part of the property of the deceased. If a person had a bank account, then relatives need to prepare a number of formalities and documents in order to receive it. Inheritance of cash deposits is a difficult procedure; people who are legal heirs can apply for cash.
How to get inheritance rights?
Under the law, all the funds of the deceased, regardless of whether they are in the bank or not, go to the next of kin. In order to receive money, they must undergo a succession procedure. Features of the inheritance of cash deposits are in the order of obtaining savings. But first you need to enter into this right. To do this, you must:
- Notarial will, if such a document is available. However, if the deceased person had minor children or dependents, it will not be fully implemented.
- Testamentary order drawn up at the bank. When a deposit is opened, the financial and credit organization draws up a will, and in case of the death of the depositor, the entry into the right of inheritance takes place according to a simplified procedure.
- Registration procedure entry. Under the law, parents, spouses and children are the first to claim inheritance. The next in line are the next of kin and dependents, who were supported by the deceased.
The order of inheritance of cash deposits
Many are wondering where to start? Experienced lawyers recommend visiting the notary's office to which the deceased was attached, and claim the inheritance rights there. To receive money from deposits, you must write a statement. After its verification, the lawyer will issue a certificate that officially confirms the right of inheritance.
With this document you need to go to the bank where the funds are. You can learn about their existence using any registered document. Employees of a financial institution check the following:
- the right to inheritance of citizens who applied to the bank;
- the presence of debts of the deceased and the heir, if this fact is confirmed, the applicant is obliged to pay all the debt.
If a bank employee is convinced of the legality of the rights of the heir and sees a good credit history, he makes a positive decision. He reports this in writing to the notary, where the deceased was registered.
What documents are needed to receive inheritance funds?
Inheritance of cash deposits is a complex procedure. To get all the money, you must present the following documents:
- passport (identification document). If the heir is a non-resident, he must also show a visa (translated into Russian);
- bank card, agreement and savings book;
- death certificate;
- will (if any).
If there is no paper confirming the right of inheritance, it is necessary to present a document that indicates the existence of a relationship. If there is a testamentary disposition, a copy of the will certified by a notary should also be shown. If it is absent, then a document is presented to the bank confirming the right to inherit property according to law. After all the necessary papers are collected, you need to wait six months. After this period, the heir will receive all the money that is due to him.
Testament contribution
According to the law, any citizen opening a bank account has the right to issue a will. In it, he determines who will receive the money in case of death. The heirs can be relatives, any private individuals, as well as organizations. The testator has the right to dispose of shares of funds as he sees fit. However, there is a group of people who, regardless of the will of the investor, has the right to inherit.
We are, of course, talking about the parents, spouses and children of the deceased. Minors and dependents are added here. Despite the factual document, these people should own part of the inheritance - at least half. Inheritance of testament cash deposits greatly simplifies the procedure. In order to receive funds, the heir must apply to the notary public with a statement of entry into law, a death certificate, a will and any bank official paper. If everything is done correctly, the notary will issue a certificate confirming the entry into the inheritance.
Legacy of cash deposits
In practice, there are often cases when a will is absent, and then inheritance occurs in accordance with applicable law. There are eight lines of people claiming inheritance depending on the degree of kinship. It works this way: each subsequent representative is considered a full-fledged applicant in the absence of the previous one. Six months are allotted to determine the legal heir. At this time, all people who claim to receive property must contact the notary with the necessary documents.
Inheritance of cash deposits without a testament is a little more complicated. The difficulty lies in determining the legitimate applicant. When contacting a notary public, the heir must present the following documents:
- passport (identity document);
- death certificate;
- testament, if any;
- official papers from the bank;
- certificate of degree of kinship.
After studying all applications, the notary acts in the manner prescribed by law. He gives evidence to one who is the true heir. After a period of six months, the applicant can pick up the entire amount due.
Testamentary disposition
Currently, many people are worried about the fate of their savings, so the inheritance of cash deposits has acquired special significance. Investors often issue an order with the bank, where the shares of the heirs are distributed. This document is registered free of charge at the request of the customer. For inheritance testamentary disposition is necessary.
However, there are some peculiarities:
- if the deceased person has no relatives and did not write a will, all savings are transferred to the state;
- the depositor has the right to deprive the inheritance of certain people, indicating this in the will;
- part of the contribution can be received by people who organize the funeral;
- a deposit in a bank is considered to be acquired property, therefore half of the amount goes to the surviving spouse;
- if the heir is a minor, then he may enter into the law upon reaching the age of 18;
- if the shares of the heirs were not indicated in the will, they shall be considered equal.
In practice, in court of succession lawsuits often arise. Among civil cases, they are one of the most numerous. Judicial decisions on the inheritance of a cash contribution are made almost always in favor of those who are higher in line.
Taxation
This issue is currently regulated by the Federal Law adopted in January 2006. According to the regulatory legal act, inheritance of cash deposits is not subject to taxation. But here you need to make corrections. Mandatory payments from the inheritance are not paid by people who are representatives of the first stage and socially unprotected citizens. They are required to deposit funds for the state fee, which is 0.3% of the deposit amount.
The remaining categories of applicants must pay from 5 to 15% of the tax when withdrawing funds or transferring to another account. Here, lawyers recommend consulting with tax authorities, as the rules are constantly undergoing changes.
How to get money ahead of time?
Despite the fact that the law establishes a six-month period for determining applicants and their rights, there are cases when it is possible to receive money ahead of schedule. For example, part of the amount is given to people who attend funerals, usually friends or relatives.
In addition, money can be obtained if they were spent during the life of the deceased for his treatment. The state allows you to receive part of the amount for these needs before the deadline. More than 40,000 rubles cannot be allocated for organizing a funeral and treatment. To receive these funds, you need to submit a certified order and a deposit to the bank.
Power of attorney
If a person who by law is the main applicant cannot contact a notary or a bank, legal advice on the inheritance of cash deposits is required. In most cases, the choice dwells on the most obvious option - issuing a power of attorney. This is done at the bank during the execution of the contract. In this case, any relative or acquaintance to whom the power of attorney is made can receive money.
Summing up, it can be noted that the process of inheritance of cash deposits is quite lengthy. The situation is simplified if the deceased wrote a will, where he distributed all the shares. In this case, after submitting the necessary documents to the notary, after six months, the heir will receive all the funds that are required by law.