Inheritance of cash deposits by law

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 death of the testator. In other words, from the moment of opening inheritance, six months must pass. During this time, all the heirs claim their rights to this or that part of the property of the deceased. If a person had an account with a bank, relatives should receive a number of formalities and documents to receive it. Inheritance of cash deposits is a hard procedure, people who are legal heirs can claim money.

How to get inheritance rights?

By law, all the means 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 inheritance of cash deposits are in the order of obtaining savings. But first you need to enter into this right. For this you need:

• Notarial testament, in the presence of such a document. However, if the deceased person has underage children or dependents, it will not be fully enforced.
• Testamentary order issued by the bank. When a deposit is opened, the financial and credit organization makes a will, and in the event of the death of the depositor, the entry into the right of inheritance is carried out by a simplified procedure.
• Registration of the procedure of entry. According to the law, parents, spouses and children are the first to claim an inheritance. Next in line are the next of kin and dependents, who were on the security of the deceased.

The order of inheritance of cash deposits

Many people are wondering where to start? Experienced lawyers recommend visiting a notary office, to which the deceased was attached, and there to claim the inheritance rights. To receive money from deposits, you must write a statement. After its verification, the lawyer will issue a certificate, which officially confirms the right of inheritance.

With this document you need to go to the bank where the money is. You can find out about their existence using any document. Employees of the financial and credit organization check the following:

• The right to inheritance of citizens who applied to the bank;
• Presence of debts of the deceased and the heir, if this fact is confirmed, the applicant is obliged to pay all the debts.

If a bank employee is convinced of the legality of the rights of the heir and saw a good credit history, he makes a positive decision. He informs about this in writing to the notary, where the deceased was registered.

What documents are needed to receive funds by inheritance?

Inheritance of cash deposits is a complicated procedure. In order to receive all funds, you need to present the following documents:

• The passport (the document proving the identity). If the heir is a non-resident, he must also show a visa (translated into Russian);
• Bank card, contract and savings book;
• death certificate;
• Will (if available).

In the absence of a paper confirming the right of inheritance, it is necessary to produce a document that will indicate the existence of a kinship. If there is a testamentary order, then a copy of the will, certified by a notary, should also be shown. If it is not available, the bank shall be provided with a document confirming the right to inherit property under the law. After all the necessary papers have been collected, you need to wait six months. At the end of this period, the heir will receive all the money that he is entitled to.

Contribution by will

According to the law, any citizen who opens an account with a bank has the right to execute a will. In it, he determines who will receive money in the event of death. Heirs can be relatives, any private individuals, as well as organizations. The testator has the right to dispose of the shares of the funds as he sees fit. However, there is a group of people who, regardless of the investor's desire, have the right to inherit.

Speech, of course, is about the parents, spouses and children of the deceased. Here, minors and dependents are added. Despite the factual document, these people should belong to a part of the inheritance - not less than half. Inheritance of cash contributions by will greatly simplifies the procedure. In order to receive funds, the heir must be turned to a notary 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 inheritance.

Inheritance of cash deposits by law

In practice, there are often cases when there is no will, and then inheritance occurs according to the current legislation. There are eight lines of people claiming an inheritance depending on the degree of kinship. This works in this way: every next representative is considered a full-fledged bidder in the absence of the previous one. The definition of a legitimate heir is six months. At this time, all people who claim to receive property must contact the notary with the necessary documents.

The inheritance of money deposits without a will is a little more difficult. The difficulty lies in the definition of a legitimate applicant. When applying to a notary, the heir must present the following documents:

• Passport (document proving identity);
• death certificate;
• Will, if available;
• Official securities from the bank;
• Certificate of degree of kinship.

After examining all applications, the notary acts in accordance with the procedure established by law. He gives testimony to the one who is the true heir. After the expiry of the period of six months, the applicant can take all the amount that is due.

Testamentary order

Nowadays, many people are worried about the fate of their savings, so the inheritance of cash deposits has acquired special significance. Investors often draw up an order in the bank, where the shares of the heirs are distributed. This document is registered free of charge at the request of the customer. To obtain an inheritance, a testamentary order is necessary.

However, there are some peculiarities here:

• If the deceased person has no relatives and has not written a will, all savings are transferred to the state;
• The depositor has the right to deny the inheritance of certain people, indicating this in a will;
• Part of the contribution can get people who organize funerals;
• A deposit in a bank is considered to be acquired property, so half of the amount goes to the surviving spouse;
• If the heir is a minor, he can enter into the right after reaching the age of 18;
• If the will did not specify the shares of the heirs, they are considered equal.

In practice, hereditary cases very often arise legal actions. Among civil cases, they are one of the most numerous. Judicial decisions on the inheritance of monetary contributions are almost always made in favor of those who are higher on the waiting list.

Taxation

At the moment, this issue is regulated by the Federal Law, adopted in January 2006. According to the normative legal act, the inheritance of monetary deposits is not subject to taxation. But here it is necessary to amend. Obligatory payments from the inheritance are not paid by people who are representatives of the first stage and socially unprotected citizens. They are obliged to contribute to 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 changing.

How to get money ahead of time?

Despite the fact that the law establishes a half-year period for determining applicants and their rights, there are cases when it is possible to receive money early. For example, part of the amount is given to people who are engaged in 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. For the organization of funerals and treatment, more than 40,000 rubles can not be allocated. To receive these funds, you need to submit a certified decision and deposit to the bank.

Power of attorney

If a person who by law is the main bidder, can not apply to a notary or to a bank, legal advice is required to inherit money deposits. In most cases, the choice is based on the most obvious option - the design of 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.

Summarizing, it can be noted that the process of inheritance of cash deposits is quite long. The situation is simplified if the deceased wrote a will, where he distributed all the shares. In this case, having submitted the necessary documents to the notary, in six months the heir will receive all the funds that he is entitled to by law.