Text: Ming Law
The official account |
Original title = After the implementation of the new regulations on June 1, 2024, how to inquire and withdraw the deposits left by the deceased?
Note: The content of this article applies after June 1, 2024, and rural small and medium-sized banks may not be until after December 31, 2025.
On April 19, 2024, the State Administration of Financial Supervision and the People's Bank of China formulated the Notice on Optimizing the Requirements for Withdrawal of Small Deposits of Deceased Depositors (hereinafter referred to as the "New Regulations"), which will come into effect on June 1, 2024.
Minglu has written this article in accordance with the new regulations for the reference of relevant persons who need to inquire about and withdraw deceased depositors.
The first half of this article is about how to inquire about the bank deposits left by the deceased, if you only want to know how to withdraw the bank deposits left by the deceased, you can directly read the second half of the "Withdrawal".
The main reference document of the "Enquiry Chapter" is the Notice on Simplifying the Inquiry of Matters Related to the Deposit of Deceased Depositors
Before a person died, for various reasons, the deceased did not explain his bank deposit to his relatives. At this time, how can relatives check the bank deposits left by the deceased? First of all, I want to tell you that after the death of a depositor, no matter how much money he has deposited in the bank, the bank will not take the initiative to notify his relatives. The bank did not notify the depositor, not because it wanted to take the depositor's money for its own purposes, but because of the following reasons:
First, the bank did not know that the depositor had died. Second, the bank does not know the status and contact information of the depositor's relatives. Therefore, after a person dies, his relatives need to take the initiative to go to the bank to check the deceased's deposit and find out the deceased's deposit status. 01 Where to check? Some people on the Internet said that they could go to the People's Bank of China or UnionPay to check the account opening status of the deceased, because the People's Bank of China has the account opening information of all financial institutions in China, and UnionPay has the account opening information of UnionPay members. The above statement is wrong, because the People's Bank of China is actually not a bank in the ordinary sense, but a state organ, and it leads and manages the bank. The PBOC cannot tell you how much money the deceased had in which banks, because the PBOC really does not know. As for UnionPay, it is not a federation of banks, it is just a card issuer, and the purpose of UnionPay is to unify the means of payment. UnionPay can't tell you how much money the deceased had in which banks, because UnionPay really doesn't know either. Therefore, to inquire about the deceased's bank deposits, you can only go to the bank where the account is opened. I don't know how to check the opening bank? Then you can only check it one by one. Are there any shortcuts? There are no shortcuts. You can try to ask for help from the citizen hotline or the media, or go to the People's Bank of China and the China Banking and Insurance Regulatory Commission to complain for help. Once it becomes a hot topic of public opinion or attracts the attention of relevant parties, the People's Bank of China or the China Banking and Insurance Regulatory Commission may ask each bank to send people to make centralized inquiries, saving you from running around one by one to make inquiries. But to be honest, there is the energy and effort to take this so-called "shortcut", and every family has checked it, so there is no need.
*A few tips on determining the opening bank 1. By searching for the bank card and fold left by the deceased, you can determine the opening bank of the deceased before his death. 2. The online banking access records and security plug-ins in the deceased's computer, the bank notification SMS in the mobile phone, and the bank APP can also determine the account bank of the deceased before his death. 3. Check the common quick payment methods such as Alipay, WeChat, Taobao, Jingdong, and takeaway software of the deceased, and you can determine the account bank associated with these software before the deceased's death. 4. You can check the records of the capital transactions between others and the deceased, and determine the bank and account number of the deceased before his death. 5. If you don't know anything, take the deceased's residence and work unit as the center, and check the nearby bank first. 02 Who can check? The right to inquire about the deposit of a deceased depositor at a bank is limited to the following three categories of persons: 1. The spouse, parents and children of the deceased depositor, these three types of persons are the first order heirs of the deceased depositor. 2. The heir or legatee designated by the notarized will of the deceased depositor. 3. Spouse, parents, children of the deceased depositor or heirs other than the heirs designated in the notarized will.
*If there is a 1 or 2, it will not be a 3. Explain 1. In the case of legal inheritance, if the first-order heirs such as spouse, parents, and children are still alive, it will not be the turn of second-order heirs such as siblings, grandparents, and maternal grandparents. Therefore, under normal circumstances, banks do not accept inquiries from siblings, grandparents, maternal grandparents, etc. of deceased depositors. Other more distant relatives such as uncles, aunts, uncles, aunts, etc., are not even more inquired about. 2. Although the Civil Code has abolished the priority effect of notarized wills since January 1, 2021, because the provisions on inquiring about deposit-related matters of deceased depositors were formulated before the implementation of the Civil Code, Article 2 still substantially gives a certain degree of priority to notarized wills. In addition, the authenticity and validity of notarized wills are endorsed by the notary office, and the bank actually lacks the ability to judge the authenticity and validity of other wills. 3. Other heirs other than the spouse, parents, children or heirs designated by the notarized will of the deceased depositor. In fact, this article only applies if there are no cases in the first and second paragraphs. Special Reminder If the above three types of persons meet the entrustment civil legal relationship, they may entrust others to go to the bank to handle deposit inquiries, and they can make inquiries multiple times. At this time, due to the risk control requirements and business handling needs, the bank will ask the entrusted inquirer to sign the "Letter of Commitment" in addition to the normal information. Therefore, the lawyer can also accept the entrustment of another person who has the right to inquire about the deposit of the deceased depositor at the bank. However, in practice, the operating standards of each bank are different, and it is recommended that the lawyer should consult and implement the practice before being entrusted. 03 What information should I bring to check? 1. The spouse, parents and children of the deceased depositor shall inquire with the following materials:
(1) Death certificate of the deceased depositor, (2) Documents that can show the kinship (such as household register, marriage certificate, birth certificate, relevant certificates issued by the police station, excerpts of household registration information stamped with the seal of the public security organ that can prove the kinship, etc.), ;( 3) Valid ID of the person. 2. The notarized will designates the heir and the beneficiary of the notarized will with the following materials:
(1) Notarized will, (2) Death certificate of the depositor, (3) Valid identity document. 3. Other heirs
(1) Deposit Inquiry Letter issued by a notary public;( 2) Death certificate of the depositor, (3) Valid identity document.
After examining and confirming the fact of the depositor's death and the inquiry applicant is indeed the legal heir of the depositor, the notary public will issue a "Deposit Inquiry Letter". 04 What can I check? The scope of the applicant's inquiry about the deposit of the deceased depositor includes: currency, account number, deposit balance as of the date of inquiry, maturity date of time deposit, and balance of non-deposit financial assets issued or managed by banking financial institutions. In addition, for third-party products sold by banks for which the amount cannot be determined, the bank should inform the applicant of the name of the relevant institution and ask the applicant to inquire with the relevant institution.
A reference sample of the official version of the "Notice of Deposit Inquiry" is attached below.
*Special Reminder
The relevant materials submitted by the applicant are incomplete or do not meet the requirements, the banking financial institutions shall inform the applicant of the relevant requirements at one time.
The main reference documents of the "Withdrawal Chapter" are "Notice on Simplifying Matters Related to the Withdrawal of Small Deposits of Deceased Depositors" and "Notice on Optimizing the Relevant Requirements for Withdrawal of Small Deposits of Deceased Depositors" Withdrawal Chapter 01 The most convenient way The most convenient and fast way is actually not to alarm the bank and not go to the counter to handle the withdrawal business. If the heir has a card fold and knows the withdrawal password, he or she can transfer money through online banking, mobile banking, or go to an ATM to withdraw cash. Note that if there are multiple heirs, the withdrawal should be made by consensus or in the presence of all heirs, otherwise the unauthorized withdrawal of the deceased depositor's deposit will be improper, and it is very likely to cause disputes. 02 Criteria for small-amount deposits If you need to go to the bank counter to withdraw the deceased depositor's deposit due to various reasons (such as no card fold, no knowledge of the withdrawal password, excessive deposit amount, etc.), it will be treated differently according to the identity of the heir, depending on whether it is a small-amount deposit. Officially, less than 50,000 yuan is a small deposit.
The gold accumulation products of banking financial institutions and the maturing or redeemed treasury bonds and wealth management products sold by the agency are also included in the limit of 50,000 yuan.
The funeral expenses and pensions of the deceased depositor are not included in the limit of 50,000 yuan. The micro-deposit limit excludes outstanding interest. If it is a foreign currency, it will be converted into RMB according to the central exchange rate announced by the State Administration of Foreign Exchange on the day of withdrawal. 03 Withdrawal of small deposits: The amount of deposits is in line with the provisions of the bank for small deposits, and the withdrawal applicant is the spouse, child, or parent of the deceased depositor, or the heirs or legatees designated by the notarized will, and the withdrawal applicant agrees to withdraw the deposit and interest of the deceased depositor in a lump sum, and cancel the account of the deceased depositor after withdrawal. At this point, the bank allows the withdrawal of small deposits. 1. Materials to be submitted by the spouse, children and parents of the deceased depositor: (1) Death certificate and other materials that can prove the death of the deceased depositor; (2) Household registration booklet, marriage certificate, birth certificate and other materials that can prove the family relationship; (3) Extraction of the applicant's valid identity documents; (4) Extraction of the applicant's signature letter of commitment. 2. Materials to be submitted by the heirs or legatees designated by the notarized will of the deceased depositor: (1) Death certificate and other materials that can prove the fact of the death of the deceased depositor; (2) A notarized will designating the applicant for withdrawal as the heir or legatee of the deceased depositor; (3) Extracting the applicant's valid identity document; (4) Collect the applicant's handwritten and signed letter of commitment. *Exception: The above provisions do not apply to the withdrawal of small deposits by overseas individuals. Overseas individuals include Hong Kong, Macao and Taiwan compatriots holding Mainland Travel Permit for Hong Kong and Macao Residents, Mainland Travel Permit for Taiwan Residents, Hong Kong, Macao and Taiwan Resident Identity Cards or other valid travel documents, foreign citizens holding foreign passports or permanent residence permits for foreigners, and Chinese citizens residing abroad holding Chinese passports and overseas permanent residence permits.
*The period during which the bank statement can be accessed
When the first order heirs of the deceased depositor withdraw the deposit of the deceased depositor, based on legal and legitimate reasons to apply for inquiry of the account transaction details of the deceased depositor, the banking financial institution shall, at the request of the applicant, provide the account transaction details of the deceased depositor after the death and within 6 months before the death. Unless otherwise arranged before the deceased's death.
*Points to note when checking bank statements
1. It is limited to the heirs in the first order, and the heirs or legatees designated by the notarized will of the deceased depositor do not have this authority.
2. The bank statements of the deceased depositor can be queried from 6 months before the death to after the death, and there is no limit to the period of inquiry after the death.
3. Unless otherwise arranged by the deceased depositor before his death, the bank may refuse to provide the corresponding bank statement on the grounds of the deceased.
04 Withdraw non-small deposits
As mentioned above, deposits of more than 50,000 yuan are non-small deposits. Regardless of the status of the heir, the withdrawal of the deceased's non-petty deposit is required with a notarial certificate of succession. The heirs need to go to the local notary office for notarization of inheritance rights. To apply for notarization of inheritance rights, the following materials should be prepared (for reference only, please consult the local notary office for details): (1) Death certificate of the deceased depositor, (2) Proof of immediate family relationship, including parents, spouse and children of the deceased depositor, (3) Property certificates involving inheritance notarization, such as property right certificates, deposit certificates, securities, etc., (4) All heirs must hold their ID cards and household registration books. 05 Withdrawal of deposits by other heirs The spouse, parents, children of the deceased depositor, or other heirs other than the heirs designated by the notarized will can withdraw the deposit at the bank, no matter how much the deposit, whether it is a small deposit or not, it can only be withdrawn with a notarial certificate of inheritance. However, in order to ensure 100% accuracy of notarization matters, the notary public will require the heirs of the estate to provide a deposit certificate or a valid certificate indicating the deposit account number, account name and deposit amount when handling the inheritance notarization. When other heirs go to the bank to inquire about the account information, the bank rejects such inquiries in accordance with the business standards of "keeping the depositor confidential" and "ensuring the security of the account" because the other heirs cannot provide the "Deposit Inquiry Letter" issued by the notary public. This creates a dead knot. Therefore, it is quite difficult for other heirs to inquire about and withdraw the deposits of deceased depositors through normal channels in the bank. 06 Litigation Resolution As mentioned above, it is almost impossible to go to the bank to inquire and withdraw the bank deposit of the deceased depositor, but sometimes due to various reasons (such as incomplete information, uncooperative heirs, circular dead knots of other heirs, etc.), the notarial deed cannot be processed, what should I do? If the bank has regulations, no notarized documents are exempted. What should I do if I can't get a notarial deed? At this time, you can only go to the people's court to file a lawsuit, and after the court issues an effective legal document, the bank will also cooperate with the enforcement.
This is a lawsuit that is not necessary, but must be fought, under the current regulations of the bank.
*The content of this article is for informational purposes only and should not be construed as formal legal advice under any circumstances.
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