Perspective | In inheritance cases, how can heirs inquire about the bank deposits of the deceased?
Published:
2024-12-23
In inheritance dispute cases, when the deceased passes away, they often leave behind bank deposits that have not been dealt with. In real life, for various reasons, the deceased's bank deposits are often controlled by one heir, while other heirs are unable to ascertain the specific details of that portion of the estate, leading to disputes among the heirs regarding the amount of the deposits. Courts often make judgments unfavorable to the heirs who do not have control over the deposit amounts based on the existing evidence. Therefore, it becomes an important prerequisite for the division of that portion of the estate for the heirs to inquire about and determine the amount of the deceased's bank deposits.
In inheritance dispute cases, when the deceased passes away, there are often bank deposits that have not been dealt with. In real life, for various reasons, the deceased's bank deposits are often controlled by one heir, while other heirs are unable to know the specific situation of that part of the inheritance, leading to disputes among heirs over the amount of the deposits. Courts often make judgments unfavorable to heirs who do not have control over the deposit amounts based on existing evidence. Therefore, it becomes an important prerequisite for heirs to inquire and determine the amount of the deceased's bank deposits for the division of that part of the inheritance.
In practice, heirs have several ways to inquire about the deceased's bank deposits.
1. Heirs inquire on their own.
In 2019, the General Office of the China Banking and Insurance Regulatory Commission and the General Office of the Ministry of Justice issued the "Notice on Simplifying the Inquiry of Matters Related to the Deposits of Deceased Depositors" [Yin Bao Jian Ban Fa (2019) No. 107], which clearly stipulates the inquiry subjects, inquiry content, and required materials. The "Notice on Optimizing the Requirements for the Withdrawal of Small Deposits of Deceased Depositors" [Jin Gui (2024) No. 6], effective from June 1, 2024, further clarifies the inquiry and withdrawal subjects and content based on the previous "Notice on Simplifying the Withdrawal of Small Deposits of Deceased Depositors" [Yin Bao Jian Ban Fa (2021) No. 18]. Specifically:
1. Inquirers: The first-order heirs of the deceased depositor, namely the deceased depositor's spouse, parents, and children; heirs or legatees designated in a notarized will.
2. Inquiry content: The balance of deposits in accounts opened by the deceased depositor at the bank, account transaction details within six months before and after the death of the deceased depositor, and the balance of non-deposit financial assets issued or managed by the banking financial institution.
3. Required materials for inquiry:
(1) Death certificate of the deceased depositor, cremation certificate, or relevant proof issued by the police station that can prove the fact of the depositor's death;
(2) Household registration book, marriage certificate, birth certificate, or relevant proof issued by the police station that can prove the relationship; or the notarized will of the deceased depositor's heir or legatee;
(3) Valid identification of the inquirer;
(4) Other materials required by the bank, such as a letter of commitment.
After the bank institution conducts a written review and finds it qualified, it will issue a written notice to the inquirer. The heir can determine the amount of the deceased's deposits based on this written notice.
2. Apply to the court for investigation and evidence collection.
Heirs can apply to the court for investigation and evidence collection on their own or through a lawyer, but limited to the court's requirements for the content of the investigation and evidence collection, heirs need to provide clear information such as the deceased's bank account number and the bank where the account was opened. This can be difficult for heirs who cannot obtain relevant information.
3. Entrust a lawyer to apply to the court for an investigation order.
In inheritance dispute cases, after the court files the case, heirs can entrust a lawyer to apply to the court for an investigation order. After the lawyer submits the application for the investigation order (the content of the application varies based on the case), the court will issue an investigation order based on the application content. The lawyer can take the investigation order to various banks to inquire whether the deceased opened an account at that bank and other information. Based on the author's previous case handling experience, in major state-owned banks and commercial banks in Jinan, inquiries about accounts at Industrial Bank, Huaxia Bank, Postal Savings Bank, Construction Bank, Jinan Rural Commercial Bank, Hengfeng Bank, Citic Bank, Bank of Communications, and Qilu Bank can be made at any branch in Jinan with the investigation order. Inquiries about accounts at Minsheng Bank must be made at the 17th floor of the Boao Building, and inquiries about accounts at China Merchants Bank must be made at the account-opening bank. After the account-opening bank submits the materials for approval, it will directly mail the inquiry materials to the court. However, Agricultural Bank, Bank of China, and Industrial and Commercial Bank do not recognize the validity of the investigation order and refuse to conduct inquiries. Therefore, if inquiries about accounts at these three banks are needed, the court's cooperation is still required for on-site inquiries.
Inheriting the deposits of a deceased depositor is not an easy task; it requires a lot of time and effort, and may even incur certain costs and risks. Therefore, it is recommended that depositors maintain good communication and trust with their family members, informing them of which banks they have accounts and products in, as well as the corresponding passwords and the location of passbooks or bank cards, to avoid family disputes or conflicts arising from property issues.
Key words:
Previous article
Related News
动态 | 阿里资产到访beat365正版网站首页济南所参观交流 共商资产处置提效新路径
2025-08-19
动态｜中信金融资产山东分公司到访beat365正版网站首页济南所参观交流
2025-08-11
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
