Procedure for Retrieving Money from the Bank Account of a Deceased Person

Your translation request is below:My mother suddenly passed away due to an accident. She had deposited savings in the bank. Now I want to withdraw the money, how should I proceed? Before she passed away, my mother did not leave a will.

According to Article 651 of the Civil Code 2015, the regulations on inheritance by law are as follows:

- First rank: The spouse, biological father, biological mother, adoptive father, adoptive mother, biological children, and adopted children of the deceased;

- Second rank: The paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, biological siblings of the deceased; biological grandchildren of the deceased if the deceased is the paternal grandfather, paternal grandmother, maternal grandfather, or maternal grandmother;

- Third rank: The great-grandparents of the deceased; paternal uncles, paternal aunts, maternal uncles, maternal aunts of the deceased; biological grandchildren of the deceased if the deceased is the paternal uncle, paternal aunt, maternal uncle, or maternal aunt; great-grandchildren of the deceased if the deceased is the great-grandfather or great-grandmother.

Thus, in this case, you are an heir in the first rank of inheritance and are entitled to a lawful inheritance. To withdraw money from the bank account, you need to perform the procedure of declaring and opening your mother's estate.

The procedure for declaring the estate is carried out at the local notary office, and the necessary documents to be presented include:

- Identity card, household registration, and birth certificate of the persons declaring the inheritance.

- Death certificate of the person leaving the inheritance.

- One personal resume of one of the persons declaring the inheritance (with certification from the ward, commune People's Committee, or competent authority).

- Documents regarding the estate such as a savings book.

- Authorization letter, relinquishment of inheritance, and renouncement of inheritance (if any).

Notarization process:

- The person requesting notarization submits all the above-mentioned documents to the Notary Public. The Notary Public posts a notification of inheritance at the ward (commune) People's Committee for a period of 15 days;

- After the posting period, if there are no complaints or disputes (with confirmation from the ward, commune People's Committee), the Notary Public will prepare the Document on Acknowledgment of Inheritance or the Agreement on Distribution of Inheritance;

- The persons declaring the inheritance read the Document, and if they agree with the content, they sign the document in front of the Notary Public;

- The Notary Public signs and notarizes the Document;

- The person requesting notarization pays the fee and stamps the Notary Office seal.

After completing the declaration and opening of your mother's estate, you bring the necessary documents to the bank to request the procedure for withdrawing money from your mother's account.

Respectfully!

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