Rules for Withdrawing from a Deceased Person's Bank Account

Withdrawing funds from a deceased person's bank account solely on the basis of being an heir is not permitted. Determining the status of the account balance after death is subject to the regulations governing the estate and the rights of all heirs.

One of the legal questions that is used a lot is whether the heir can withdraw from the deceased's bank account. The death of the account owner does not mean the immediate and individual transfer of the account balance to one of the heirs, and the balance of the deceased's bank account is determined within the framework of the provisions related to inheritance and the rights of the heirs. Therefore, having a bank card or account password alone is not considered a permission to withdraw from the account after the death of its owner.

Sometimes, after the death of a family member, the deceased's bank card and account password are in the possession of the deceased's wife or children, and one of the heirs thinks that he can use the account to cover necessary expenses or withdraw his share of the inheritance. However, withdrawal from the deceased's account by one of the heirs without following the legal formalities can be the subject of dispute and legal or criminal proceedings.

In such a situation, the account circulation, the date of withdrawal, the amount of money and how it is used are important, and if a money transfer was made by the deceased before his death, the mere registration of the transaction is not enough to determine its legal nature, and the title and reason for the transfer should be checked according to the documents and conditions.

Upon the death of the account holder, the balance of his bank account is considered as part of the property and estate of the deceased, and its assignment is subject to the provisions related to the estate and the rights of the heirs.

If you have paid for essential expenses related to the deceased or the estate, keep receipts and proof of payment so that you can prove and claim the expenses if needed. If one of the heirs has withdrawn from the account without the consent of the others, keep the documentation of the withdrawal; These documents can be used in pursuing the rights of other heirs.