PROCEDURE FOR WITHDRAWAL OF FUNDS FROM A BANK ACCOUNT BELONGING TO A DECEASED PERSON

The procedure for withdrawing funds from deceased persons is set out in Article 200 of the Law of 14 May 2012 on banks and other financial institutions. However, certain provisions of the Civil Code relating to succession are also applicable.

In the absence of a Power of attorney, all heirs must be present. 

Documents to be submitted to the bank when there is no surviving spouse (lawyer optional)

  1. Death certificate of the applicant and his birth certificate. In the case of an absent or disappeared person, the declaratory judgment of absence or disappearance;

  2. receipt of payment of transfer duties to the DGI;

  3. A deed of public notoriety passed before the Justice of the Peace or a notary of the court in order to determine the heirs. The deed must contain the affidavits of three (3) persons.  These persons must clearly recognize the deceased person and his or her heirs.  The Justice of the Peace or the Notary Public must, in turn, know these three people. The heirs must designate the person who will represent them. The mandate is recorded in the deed.

  4. Divorce certificate if applicable;

  5. Birth certificates for minor children;

  6. Family counseling and approval in the case of minors (art. 336 of the Civil Code);

  7. mandates of absent heirs;

  8. birth certificates of all heirs;

  9. The validated identity card of the rightful claimants / passport or driving licence.

 

When there is a surviving spouse in addition to the heirs (lawyer required)

  1. Order of the Referee Judge (the applicant serves a summons to appear at the custodian bank of the funds);

  2. Birth certificate of the deceased or extract from archives

  3. Marriage certificate of the deceased if the deceased was married (see mention in the death certificate and ensure compliance)

  4. Certificate of non-dissolution of the marriage (registry of the Civil Court);

  5. Birth certificate or extract from the archives of the heirs;

  6. Identity document of the heirs (passport - driving licence - CIN)

  7. Bank certificate: savings book, term deposit certificate, bond certificate

  8. Deed of sharing (in the case of shareholders).

 

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