Domestic legislation provides for the inheritance of property by the next of kin, if the deceased himself did not leave a legal document with the choice of an heir. Deposits are inherited in a general manner, however, you can write in advance a special testamentary disposition of the client on a deposit in Sberbank, indicating who will get the funds.
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What is a testamentary disposition?
Funds can be bequeathed to any person, including a legal entity, and not just a relative. A testamentary disposition is not a final document. If necessary, it can be replaced by another by changing the heir. If we compare it with a simple will, then the order is distinguished by the direct appointment of a person without any order. In addition, the document cannot be challenged in court. Succession seekers will only have to find out about the existence of later versions of the disposition. If these are not found, then the money will be transferred to the person indicated in the document.
How is a deposit order made?
Citizens of the Russian Federation have the right to choose when drawing up various legal documents, so the order of their deposit can be documented in various ways: contact any notary public or write a document at a branch of Sberbank. Both options are equal in rights before any state and commercial bodies.
When drawing up an order in the bank, you should act according to the following plan:
- a testamentary disposition of a client on a deposit with Sberbank is drawn up at the branch where the deposit was opened;
- the order is drawn up in the presence of the client and contains all his desires for capital after death;
- after verification, both parties sign the document.
An order for the inheritance of money can be drawn up on any of the client's accounts or all at once. The document may contain direct indications of the division of capital in proportion between persons or the inheritance of all money to one. In addition, you can set the time frame for the issuance of funds.
Download the testamentary document form
on a deposit in Sberbank.
Sample order for a deposit
Mandatory clauses in the document and conditions in the order
A Sberbank client has the legal right to dispose of the funds on deposit after his death, as he wants. He can put in the document a number of conditions under which the funds are inherited, for example, reaching a certain age or a specific year. An alternative successor or group is selected, as the direct heir may himself die before receiving the deposit or refuse to accept it.
The following must be included in the document:
- date of creation of the order;
- the place where the document was made;
- the official address of the contributor;
- information about heirs;
- signatures of the parties.
After clarifying the wishes of the client, an order is drawn up. The text is checked by both parties and signed in several copies. Further adjustments to it are not allowed. If there is a need to change the heir or the conditions for obtaining, then a new document is drawn up. The finished order is sealed with the seal of the bank. One copy remains in the branch of Sberbank, the other is kept by the depositor. On the deposit agreement, a note is made that an order has been written.
If there is a need to change your decision, a new order is drawn up. There are several ways:
- come to your branch of Sberbank and write a new order. No one has the right to demand the reason for such an action;
- draw up a new order with a notary. A copy of the document must be sent to the branch of Sberbank;
- sign a new document at the notary and do not send a copy of it to the bank. The heir can present this order after the death of the owner of the deposit and receive the money. The advantages are at the later date of the document.
Receiving a deposit in a bank by order
A testamentary disposition of a client on a deposit in Sberbank comes into force six months after the death of its owner, in accordance with Russian law. The heir can access the capital earlier, but the following conditions must be met:
- no other legal documents were found providing for a different distribution of the deceased's money;
- the order clearly indicates one heir without additional conditions.
If the above requirements are met, then the heir has the right to go to court and receive funds ahead of schedule. Otherwise, you can wait 6 months and proceed according to the following plan:
- come to the Sberbank branch where the deposit was made, with documents for the deposit and the order of the deceased;
- with you to have a copy of the depositor's death certificate certified by a notary and your passport;
- in some cases, bank employees may require additional documentary evidence of kinship with the deceased, for example, a birth or marriage certificate;
- If the heir does not have a documentary order of the deceased, he can turn to a notary for help. The latter will make a request and find the bank branch where the deposit and the order are located.
You can search for a deposit and order about it in different ways:
- apply to a notary and write a corresponding application to Sberbank. After that, the heir is required to wait up to 2 weeks for the request to be processed;
- remote method - the notary can directly in the presence of the client enter the system and receive information about the disposal of the deceased.
In practice, there are situations when the heir learns about the will six months later. If he justifies the reason for his non-appearance, he can count on a refund from the state fund.
The heir can receive the deposit six months later if one of the following conditions is met:
- was abroad;
- received inpatient treatment;
- had not previously received information about the death of the contributor.
It is also worth knowing that the heir can receive part of the capital (up to 40 thousand rubles) for the treatment or organization of the funeral of the depositor. You must act through a notary.