Many people open bank accounts during their lifetime. Someone does not have time to use the accumulated funds, and someone specifically puts it off for a "rainy day". One way or another, often after their death, an impressive amount of money is also found among them.

The presented article tells about how to take over the ownership of the testator's monetary contribution, what rules should be followed, and much more.

Read how to establish relationship when entering into inheritance.

The article "How much does it cost to draw up a will with a notary?" Will help to draw up a will.

• In accordance with the testamentary disposition drawn up at the bank. This document does not need to be notarized;
• In law .

Features of receiving inheritance in credit institutions

There are a number of features that must be kept in mind when inheriting funds:

• According to the property not accepted by the successors, and goes to the state. This can include situations when the successors do not suspect that the testator has a deposit, as a result of which they do not apply to the bank for inheritance;
• In the event that the successors do not have a bank agreement on opening a deposit for the deceased, but there is information about its availability, they have the right to obtain the necessary data from the credit institution;
• The date of opening a deposit is important if it is inherited by a spouse. If the funds in the bank account are -, then the spouse gets half, and the other half is divided into equal parts between the rest;
• Sometimes minor children become successors. They can use the funds after they reach the age of 18. Guardians can support children with bequeathed funds, but this happens with the consent of the guardianship authorities;
• According to him, a dignified funeral of the deceased can be ensured at the expense of his inheritance in the form of a bank account. To withdraw money for this purpose, you need to contact a notary;
• The money on the account is not taxed. However, the successors of the testator must pay a state fee, which is 0.3% of the amount of the deposit;

See the cost of the state duty upon inheritance in 2020.

• Successors can cash out the funds or continue to keep them in the bank.

Receiving a contribution by inheritance

In order to receive an inheritance, it is necessary to open an inheritance case with a notary within 6 months. You can read about how to do this in the article "".

To open a case, you will need the following documents:

• The passport;
• Certificate indicating the registration of the testator;
• Will (if any);
• Bank documents. For example, an agreement on opening a deposit;
• In the absence of a will, it is necessary to provide a document proving the relationship.

Information!

After 6 months from the date of death of the testator, the notary issues it to the successors. This document indicates the amount of the amount for each of the heirs.

Receiving a deposit in accordance with the order

If the successor has a testator's order on the deposit and a certificate of the right to inheritance, after 6 months from the date, he can apply to the appropriate bank branch with a package of documents:

• Deposit opening agreement or savings book;
• Certified copy of death certificate;
• A certified copy of an order or will;
• Passport of the successor who receives the contribution;
• A document confirming the relationship. For example, a marriage or birth certificate.

Useful advice

In the event that the successor does not have an order, he can. And the notary, in turn, will make inquiries to various credit organizations in order to find out in which of them the order was drawn up.

How to find out about the availability of a deposit?

There are several ways to find out if the testator has an open account with the bank:

• The notary issues a special statement to the successor, with which he (the successor) must contact the bank to obtain data. After 1-2 weeks, the bank provides an answer;
• Since 2011, Sberbank has been providing a paperless exchange of information between a notary and a bank on issues related to the inheritance of funds. To receive data, the notary receives an electronic digital signature, with which he can enter the database and find out everything you need.

Sometimes the heirs find out about the available deposits after 6 months from the date of opening the inheritance, when the money from the deceased's account was transferred to the state account. But even in this case, the successor can receive money by restoring his rights to them. For this, the successor must have good reasons why he did not accept the inheritance on time:

• If he did not know about the death of the depositor;
• If he was outside the territory of the Russian Federation;
• If for health reasons he was in the hospital, in connection with which he did not have the opportunity to contact the bank.

About the difficulties

About deposits in foreign banks

The inheritance of a monetary condition, which is contained in an account in a foreign bank, is fraught with some difficulties:

• This is primarily due to the differences in the internal laws of different states. Accordingly, this affects the size of the inherited share, as well as the order of inheritance;
• Another difficulty is finding a contribution. To find him, you need to contact a company specializing in the search for such deposits.

The evaluation of the contents of a safe deposit box means the determination of the market value of the property that is stored in the safe deposit box at the time of the death of the testator. The contents of bank cells for notaries and inheritance are subject to mandatory assessment. An independent appraiser has the right to be present at the opening of a safe deposit box and evaluate its contents. The procedure for opening a storage facility and an inventory of the property in it is carried out in the presence of at least two witnesses, as well as:

• employees of a financial and credit institution providing the service;
• bodies of the board of trustees, if there are grounds;
• executors of the will, heirs.

The appraiser, upon completion of the procedure, draws up a report in the prescribed form. It indicates the market value of the property, the grounds and the methods used for making settlements.

Order of conduct

In order to legally evaluate the contents of safe deposit boxes for a notary or inheritance, competent employees of our company must have in their hands an inventory of the deposited items of a personal vault or an inventory of the property seized from a safe deposit box. These documents are provided by a financial institution. To obtain them, the notary must submit a written request to the bank, the purpose of which is to disclose information about the existing rented safe and the property in it. A financial and credit institution undertakes by law (Article 1171 of the Civil Code of the Russian Federation) to provide the notary with information about the presence of property that belongs to the testator.

Upon opening the cell, the following are subject to assessment:

• jewelry and jewelry,
• securities,
• antiques,
• gold, silver, other precious metals,
• intellectual property

The cost of evaluating the contents of a safety deposit box

Why do you need an assessment of the contents of a safety deposit box:

Entering inheritance rights is a very complex and time-consuming process that requires the implementation of many procedures provided for by the current laws and regulations of the Russian Federation. Estimating the market value of the contents of a cell is a mandatory step for entering inheritance rights for several reasons.

When entering into inheritance rights, the heir must pay the state duty, its amount directly depends on the market value of the inherited property. More detailed information on the size of the tax payment is given in the Tax Code of the Russian Federation.

The state fee is paid for the issuance of a certificate of the right to inheritance by will and law to such persons as:

• children, including those who were adopted, parents, spouses, full sisters and brothers of the testator (the mandatory tax payment is 0.3% of the value of the property that will be inherited, but not more than 100 thousand rubles);
• other heirs (the size of the state duty is 0.6% of the value of the property that will be inherited, but not more than 1 million rubles).

First of all, it is necessary to resolve the issue of the need to take measures to protect the inherited property located in the bank leased by the testator. Measures for the protection of inheritance are taken solely for the purpose of protecting the rights of heirs, legatees and other interested persons, if necessary, in order to eliminate the possibility of damage, death or theft of inherited property.

Registration of inheritance for a safe deposit box in the Center on Paveletskaya

The Inheritance Center will help you to inherit a safe deposit box. We will provide a full range of services necessary to ensure that you get without any problems what you are entitled to by law: we will consult on issues of inheritance for the contents of banking; we will open an inheritance case with a notary; we put down marks in the will that it has not been changed or canceled (if necessary); we will help in the collection of documents for the registration of the inheritance; we will make the necessary notarial inquiries; we will receive from a notary a certificate of the right to inherit by will or by law; if necessary, we will represent the client's interests in financial institutions and tax authorities.

I would be grateful for a consultation on the following matter. My sister died (single). There are two heirs - a brother (me) and a sister.

We knew that my sister kept part of the money and jewelry in a bank safe (she started renovating an apartment, but here oncology is a misfortune).

Analyzing the documents of the deceased, we saw that the term of the cell lease agreement had expired and, in the absence of payment, the bank in 1 month has the right to open the cell to reimburse its own losses. I arrived at the bank, presented a death certificate, my passport.

Inheriting the contents of a safety deposit box

After the death of the testator, a safe deposit box remained, registered accordingly to the testator.

The inheritance was taken by the testator's mother and father. The lease agreement for a safe deposit box does not provide for an inventory of the contents of this safe deposit box.

The notary does not issue a certificate of inheritance for this property, since

it is not defined what is there. And he does not want to talk about fulfilling his duties about ensuring the safety of inherited property.

We went to court demanding the recognition of the property in the cell as property. The judge is young and “swims” in this matter.

On the petition to ensure the opening of the bank and the inventory of the contents, he answers - on what basis the court will open the cell.

Inheritance and wills

Any person can draw up a will an unlimited number of times, while it must be drawn up in writing and certified by a notary or other authorized legal person. A will can be challenged if it infringes on the interests of disabled relatives of the deceased.

Such relatives usually have the right to a compulsory share of the inheritance, which is not canceled by a will.

Inheritance of deposits in banks

Funds from a deposit can be received only after a certificate has been issued, where the right to inheritance of a certain person is clearly spelled out. In the absence of such a document as a will, the order of inheritance of bank deposits will take place in accordance with civil and family law.

This helps ensure the right approach to dealing with inheritance issues.

One of the many services of modern banks is the provision of banking to clients, which are also known as individual (bank) safes, safe boxes or deposit boxes. However, not many people know that this banking service has an impressive history.

The world's first safe depository was created back in 1865 in New York by Francis Jenks, and it was called "Safe Deposit Company of New York".

Exchange rates in banks of Moscow

In order to use a safe deposit box, you do not have to be an oligarch with a suitcase of jewelry or the owner of shares in a large corporation. Today this service is quite affordable for any citizen. Let's figure out what a safe deposit box is, what it is intended for, learn about the advantages and disadvantages of using it.

So, a safe deposit box or a safe deposit box is a metal safe with special locks.

Opening a safe deposit box

The lease has expired, and the client has not taken his valuables from the locker. After 30-90 days from the end of the lease agreement (depending on the concluded agreement with the bank), the credit institution has the right to open the cell; when entering into inheritance rights. The heir must present to the bank a corresponding certificate drawn up by a notary.

The autopsy takes place with the participation of the heir / heirs, who can pick up the contents of the cell on the same day; if the cell contains values ​​prohibited for storage or substances that have a harmful effect.

The article examines the problems that arise when the heirs receive property stored in a safe deposit box, the actions of a notary and a credit institution.

Key words: inheritance law, credit organization, safe deposit box, notary.

In the Russian Federation, inheritance processes, in which there was an indication of the contents of a safe deposit box, appeared around the beginning of the 21st century.

The heirs tried to get the contents of the safe deposit boxes, but since the law on the safe deposit box was not regulated, legal problems and conflicts arose.

At that time, the notaries did not understand what to do, while the credit organizations remained lacking initiative and did not act. The courts, in turn, demanded from the parties a legal basis for the claims. The relatives wanted to get the undisputed property that was kept in safe deposit boxes. Currently, many researchers believe that the problem is as follows: there is not a single normative legal act that would contain detailed instructions regarding the actions of the subjects of legal relations when registering inheritance rights to property stored by the owner in safe deposit boxes. I would like to consider the situation when in order to identify the composition of the inheritance at the request of the heirs to the bank, focusing on paragraph 3 of Art. 1171 of the Civil Code of the Russian Federation, the notary sends a request for the submission of the relevant requirements.

In the event that the heir declares that the inheritance contains property that is in the safe deposit box, the notary sends a letter to the appropriate department of the credit institution with a request to restrict access to the cell of the deceased for all persons until the circle of heirs is determined. In this case, the notary is not able to issue a certificate of the right to the contents of the safe deposit box, since he does not know what kind of property is stored in the safe deposit box. In accordance with Art. 1171 of the Civil Code of the Russian Federation, a notary takes measures to protect inherited property only during the time that is necessary for the heirs to take possession of the m, but no more than six months from the date of the opening of the inheritance.

Most of the notaries refer to Art. 68 of the Fundamentals of Legislation on Notaries, which states that the protection of inherited property continues until the acceptance of the inheritance, and in the event that it is not accepted - until the expiration of the term for acceptance of the inheritance. When the time limit for accepting the inheritance expires, the opportunity to oblige the notary to take measures to protect the inherited property that is in the safe will expire.

The notary conducting the inheritance case waits for the heir to bring him a document confirming the list of the contents of the safe deposit box and the ownership of this property to the testator. In the presence of such documents, notaries draw up a certificate of the right to the contents of the safe deposit box. Some experts note that the lease agreement for a safe deposit box in a bank for notaries is not proof that the contents of such a safe deposit box belong to the tenant.

Often, notaries require the heirs to go to court with an application for the inclusion of the contents of the safe deposit box in the estate. In addition, a notary can send a letter to the bank with the requirement to draw up an inventory of inherited property, but most often in practice banks refuse to make an inventory. In accordance with the current legislation, a notary has the right to issue a resolution on refusal to perform a notarial act.

The reason for this action of the notary is the non-compliance with the requirements of the legislation of the documents submitted for the performance of the notarial action. Considering the situation within the framework of the behavior of Russian banks, it can be noted that, as a rule, the requests of notaries sent by them in accordance with paragraph 3 of Art. 1171 of the Civil Code of the Russian Federation in order to identify the composition of the inheritance, only bank accounts are checked, the presence or absence of which is answered. Acting in pursuance of the notarial order, the bank employees do not allow anyone to visit the safe deposit box, therefore it is impossible to draw up an inventory of the property to be included in the estate.

Since according to paragraph 6 of Art. 1171 of the Civil Code of the Russian Federation, the order of the inventory of inheritance is determined by the legislation on notaries, bankers believe that notaries have no grounds for assigning such a function to them, therefore, bankers can only issue the contents of the safe deposit box to a notary or an heir who has presented a certificate of the right to, but in practice, notaries do not issue certificates without a list of the contents of the cell and evidence of its belonging to the testator. Studying the materials of civil cases, it can be noted that, as a rule, the courts decide to leave the statement of claim without movement and invite the plaintiff to indicate what specific property was in the cell. However, in judicial practice, there are cases of making a decision on imposing the obligation on the bank to open the safe deposit box and inventory the contents of the property in this safe deposit box in the presence of the heir and the notary.

Thus, in accordance with the legislation, the heir cannot enter into ownership rights, since he cannot influence the notary or the bank to draw up an inventory. Judicial and notarial practice shows gaps in legislation on the inheritance of the contents of bank cells, and courts and notaries are not authorized to make decisions without legislative justification.

In view of the above, it is necessary to clause 2 of Art. 922 of the Civil Code of the Russian Federation shall be stated as follows: “Under an agreement for the storage of valuables in a bank with the use of an individual bank safe by the client, the bank accepts valuables from the client that must be kept in the safe, carries out an inventory of investments, control over their placement by the client in the safe and withdrawal from the safe, and after withdrawal, returns them to the client. " This edition of the article will resolve the issue of the subject describing the property and in the future the heir will be able to obtain a certificate of the right to

		Up to 20 positions	21 to 40 positions	41 to 60 positions
Cost, rub.)	20000 New price 14 999	30000 New price 24 999	40000 New price 34 999
Note	Payment for the assessment of the contents of a safe deposit box (individual safe) is made within 3 working days after the customer receives the documents (Report). We provide an opportunity to show documents to a notary and only then pay for our work. The presence of an appraiser at the opening of a safe deposit box - 15000 rubles, with verification of the authenticity of diamonds, banknotes, determination of gold samples. Delivery of documents by courier within the Moscow Ring Road-299 rubles.
Terms (working days)	1-2	1-2	1-3

Assessment of the contents of the safe deposit box for inheritance- one of the priority directions of our company. Assessment of the contents of a safe box (individual safe) for a notary is a mandatory procedure when registering an inheritance. The assessment is necessary in order to pay the state fee to the notary and receive a certificate of the right to inheritance. Without receiving such a document, the heir is not able to inherit the contents of the safe deposit box.

Evaluation of the investment of a bank cell (individual safe) is the determination of the market value of the property located in it: jewelry, precious metals and stones, products from them, money, currency values, bars, coins, badges, and much more. The assessment is carried out on the date of the actual death of the testator. The amount of the state duty, which is paid by the heir, for the performance of notarial acts is determined in the Tax Code of the Russian Federation (Article 333.24): not more than 100,000 rubles, to other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles. " Evaluation of the contents of a safe deposit box is a service that our company has been providing for many years, and therefore, we have accumulated a lot of positive experience. Qualified appraisers of our company take into account all the subtleties and nuances of Russian legislation and the requirements of notaries.

The result of our work on assessing the contents of the safe deposit box is the Report on the assessment of the market value of the property in the safe deposit box, drawn up in accordance with the "Federal Law on Valuation Activity in the Russian Federation No. 135" in the current edition and valuation standards. For assessment, the heir must receive a copy of a document called "Inventory of attachments in an individual safe" or "Inventory of withdrawn attachments from an individual safe" or "Inventory of opening a safe deposit box"... You can get the specified Inventory from the bank on the basis of a written request from the notary to the bank in order to identify information about the existing rented individual safe and the property located in it. Article 1171 of the Civil Code of the Russian Federation obliges banks to inform the notary of information about the property belonging to the testator. In this case, the evaluation of the safe deposit box is carried out without inspection by the appraiser on the basis of a copy of the Inventory.

If the lease agreement for the safe deposit box has not yet expired, then the notary and the heir, on the basis of Article 1172 of the Civil Code of the Russian Federation "Measures for the Protection of Inheritance", may be present at its opening. The opening of the safe deposit box usually takes place at the end of the term of the storage agreement, but it can be done before the end of the term by a letter from the notary. V Basically, notaries are not present at the opening of the safe deposit box, but send a letter to the bank stating that they trust to open the safe deposit box and describe the inherited property without it. In the same letter, the notary indicates the passport details of the heir, whom he asks to be allowed to be inspected when opening the safe deposit box. If the notary does not plan to be present at the opening of the cell, then he can issue another letter to the bank, in which it indicates the need to assess the contents of the cell in a succession case, in connection with which, asks to allow the appraiser to inspect the contents of the bank cell. The letter contains the passport details of the appraiser. If the notary refuses to issue such a letter, then the heir independently submits an information letter with the appraiser's passport data to the bank. At the time agreed with the bank, and in the presence of a commission from bank employees, an individual safe is opened and an inventory of inherited property is drawn up. At this moment, the appraiser can carry out the necessary research: weighing, checking the authenticity of diamonds, banknotes, determining the samples of jewelry. The research uses modern devices and technical means of non-destructive action (detectors of gold, diamonds, etc.).

If the lease agreement for the safe deposit box has expired, then the commission from bank employees without an heir and an appraiser to open the safe deposit box with the second key stored in the bank is "Inventory of seized attachments from an individual safe ", Puts the contents in a special bag, seals it and send all the contents of the safe deposit box to the central storage. In this case, it is possible to agree with the bank to return the sealed bag to the bank branch where the safe deposit box was rented, and to conduct an additional inspection of the contents of the bag in the presence of the heir and the appraiser, or the appraisal can be carried out by the appraiser without examination on the basis of a copy of the Inventory of opening the safe deposit box.

You can order an assessment of the contents of a safe deposit box for inheritance right on the website by filling out the Online Application Form below. This data will be enough to draw up a Notary Report. The next day after ordering, the courier of our company will bring a ready-made package of documents to the address indicated in the application. In addition to the assessment of the contents of the safe deposit box, the Report will include documents stating that LLC "Evaluation Company Expert-Consulting" has the right to assess the contents of an individual safe for inheritance. By entrusting the assessment of the inheritance to professionals, you make the right choice.

We wish you and your loved ones health and longevity. If you still need our help in assessing the inheritance, we will quickly and inexpensively assess the property in a safe deposit box for a notary. With our report on the assessment of the contents of a bank safe deposit box, you will feel protected, successful and infinitely confident. Order the service "Valuation of a safe deposit box" right now.

Online application for the assessment of the contents of a safe deposit box for inheritance

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