When a depositor passes away, how can the heir withdraw the depositor's bank deposit?

In real life, it is occasionally the case that an elderly family member passes away and leaves a deposit in the bank. The heir does not know the account password or loses the passbook and is unable to withdraw the deposit. How should such situations be handled? Now, let's take a look at a savings deposit contract dispute case represented by Lawyer Zhang Xiaojuan from Jinyan Law Firm.

Basic situation

Qiang Mou had deposited over 100,000 yuan in a certain bank in Jiaozuo before his death. Subsequently, the funeral expenses and pensions for Qiang Mou will also be transferred to his social security card at that bank by his employer. Qiang passed away at home on September 29, 2024, due to a sudden illness. When his son, as the legal heir of Qiang Mou, requested a certain bank to pay the deposit, the bank refused. For this reason, Qiang's son took the bank to court.

Case analysis

In this case, the client, as the son of Qiang Mou, due to practical reasons, initially registered his household registration on his maternal grandfather's household register and was named Zhang Moumou. Later, it was registered on the household register of his father Qiang Mou's brother and was named Qiang Moumou. The names of the plaintiffs on the two household registers are different, as are their ID cards. It is impossible to prove the father-son relationship between the client and Qiang Mou through the household register or a certificate issued by the village committee of the place of household registration. Therefore, the lawyer believes that the most important burden of proof in this case lies in whether there is evidence to prove the father-son relationship between him and Qiang. In addition, through the lawyer's inquiry with the plaintiff, it was further learned that the client's father and mother registered their marriage on December 6, 1996. His mother once filed for divorce at the People's Court of a certain district in Jiaozuo City. After learning the above facts, the lawyer applied to the people's court for an investigation order, went to the Civil Affairs Bureau to obtain the marriage registration information of the plaintiff's parents, and then went to a certain district court in Jiaozuo City to obtain the judgment and the court record. The judgment states that after the court's investigation and verification, the client's parents registered their marriage on December 6, 1996, and had a son named Zhang Moumou after their marriage. However, the plaintiff's name and the defendant's date of birth recorded in the judgment are different from the name of the client's mother and the date of birth of the client's father, Qiang Mou. Through the lawyer's careful analysis of the evidence materials, it was found that the marriage certificate registration number submitted by both parties during the divorce lawsuit was XXXXX, which was consistent with the marriage registration number recorded in the marriage registration file of the Civil Affairs Bureau. This can prove that it was a divorce dispute between the client's parents and further prove that the client and Qiang are father and son.

Lawyer Zhang believes that based on the information provided by the client to the court, it can be proven that the client and the deceased, Qiang Mou, are father and son. The content of the deposit receipt involved in the case can be used to determine that a savings deposit contract relationship was formed between the deceased, Qiang Mou, and a certain bank in Jiaozuo. The bank in Jiaozuo should pay Qiang Mou the deposit and interest as stipulated in the savings contract. In this case, Qiang's parents have passed away. As the legal heir of Qiang, the client has the right to demand that the bank pay the deposit and interest of the deceased Qiang. Since the client's mother clearly stated that she would renounce the inheritance of the deposit involved in this case, the bank in Jiaozuo should pay the principal of over 100,000 yuan and the interest to the client. After the first instance trial by the court, the judgment supported the client's lawsuit request.

In this case, the client Qiang Moumou and his mother, as the first-order heirs of Qiang Mou, since Qiang Mou's parents have passed away and his mother has explicitly renounced the inheritance of the deposits involved in the case, the bank should pay Qiang Mou's lifetime deposits to him. Lawyer Zhang reminds everyone: In real life, if there is a situation where a depositor passes away and their heir does not know the account password or has lost the passbook and is unable to withdraw the deposit, the heir can obtain a judgment or mediation document made by the court through litigation. The bank will handle the payment procedures based on the effective document of the court.

Link to the legal provisions

Article 1127 of the Civil Code of the People's Republic of China stipulates that the estate shall be inherited in the following order:

(1) First order: Spouse, children, parents;

(2) The second order: siblings, grandparents, and maternal grandparents. After the commencement of inheritance, the first-order heirs shall inherit, while the second-order heirs shall not inherit. Where there are no first-order heirs to inherit, the second-order heirs shall inherit.

Introduction to lawyers

Lawyer Zhang Xiaojuan is a practicing lawyer at Jinyan Law Firm. Graduated from Zhengzhou University with a bachelor's degree in law. Passed the National Legal Professional Qualification Examination in 2012 and obtained the lawyer's practice qualification certificate in July 2014.

Proficient in litigation services such as marriage and family affairs, traffic accident damage compensation, loan disputes, criminal defense, and related non-litigation legal services.

Contact Information

Telephone: 18639164430

Email: 406140260@qq.com