Source: Huaxia Times
Reporter Feng Yingzi reports from Beijing
In recent years, topics such as "the death of a relative makes it difficult for the legal heir to withdraw money" have become hot.
On April 26, in order to further optimize financial services and facilitate people to handle deposit inheritance, the General Administration of Financial Supervision and the People's Bank of China formulated the Notice on Optimizing the Relevant Requirements for Withdrawal of Small Amount Deposits of deceased depositors (hereinafter referred to as the Notice).
The limit of the simplified withdrawal account in the Notice is raised from a minimum of 10000 yuan to 50000 yuan. At the same time, funeral expenses and pensions are not included in the 50000 yuan account limit and can be simplified in full. Gold deposit products, treasury bonds and bank consignment financial products are also included in the simplified withdrawal scope this time.
On April 28, the reporter of Huaxia Times went to several bank outlets in Beijing for consultation, and several staff members said, "We have received a notice to simplify the withdrawal of small deposits from deceased depositors."
Among them, a staff member of the joint-stock bank said to the reporter of the Huaxia Times that if the deposit is less than 50000 yuan, you can withdraw money directly from the ATM if you know the password. If you don't know the password, you need to bring the ID cards, relationship certificates and death certificates of both parties to the counter for processing. If the amount is less than 50000 yuan, you can go through the small amount withdrawal process without inheritance notarization and court judgment.
Simplified withdrawal account limit increased to 50000 yuan
At present, complaints involving inheritance notarization are common, and banks often become the focus of public controversy.
"When the deposit amount is small, the heir is still required to handle notarization, which will make the heir bear unreasonable time costs and notarization expenses, especially for remote areas and people with economic difficulties, which will increase their burden." On April 26, the head of the relevant department of the State Financial Supervision Administration said.
In fact, in order to effectively solve the problems of long duration and high cost of small deposit inheritance, since 2019, the original CBRC and relevant departments have issued a number of policy documents to cancel the notarization requirements for qualified deposit inquiry and small deposit withdrawal.
Among them, the Notice on Simplifying the Withdrawal of Small Amount Deposits of deceased depositors (hereinafter referred to as "No. 18 Document") jointly issued by the former CBRC and the People's Bank of China in January 2021 cancels the notarial requirements for the first order heirs, heirs or legatees designated by the notarial will to withdraw the deposits of the deceased depositors within 10000 yuan, Banks are allowed to raise the limit between 10000 yuan and 50000 yuan.
The above person in charge said that since the issuance of Document No. 18, the withdrawal efficiency of small deposits has significantly improved, and the burden on the masses has been effectively reduced. However, the General Administration of Financial Supervision also learned from various channels that there are still some problems to be improved and clarified in the deposit inheritance and small deposit withdrawal business, so the above Notice was formulated.
The Notice clearly stated that the account limit for simplified withdrawal would be raised from a minimum of 10000 yuan to 50000 yuan. At the same time, the Notice expanded the scope of simplified withdrawal and included gold deposit products, treasury bonds and wealth management products in the scope of simplified withdrawal.
A staff member of a joint-stock bank said that if the deceased depositor had a bank card and knew the password, he could directly withdraw money from the ATM; If you do not know the password, you need to bring both parties' ID cards, relationship certificates and death certificates to the counter for processing, but the outlets need to declare, and the approval time may be longer.
"Before 2021, if the heir does not know the card owner's password, no matter the amount of money in the bank card, he or she needs to provide death certificates, notaries and other documents to handle the withdrawal business. Customers often complain about this." On April 28, a staff member of a large state-owned bank told the Huaxia Times reporter.
At the same time, the staff of the state-owned big bank said that after 2021, it is stipulated that inheritance notarization is not required within 10000 yuan, and 10000 to 50000 yuan depends on the requirements of each bank, but in fact, most banks in Beijing have implemented the 50000 yuan account limit.
According to some data, more than half of the banks have raised the maximum limit (50000 yuan) since the issuance of Document No. 18, but the simplified withdrawal account limit of some rural small and medium-sized financial institutions in some provinces is still 10000 yuan. For example, some small and medium-sized rural banks in Hebei Rural Credit System still implement a limit of 10000 yuan, accounting for 68% of the province's rural credit system.
In this regard, the Notice uniformly raised the limit of simplified withdrawal accounts from a minimum of 10000 yuan to 50000 yuan. At the same time, considering regional and institutional differences, small and medium-sized rural banks are allowed to postpone meeting the requirements until the end of 2025.
Funeral expenses can be simplified to "full amount"
In reality, the deceased depositor's account is remitted into funeral expenses and pension. Previously, there was no explicit provision on the withdrawal of funeral expenses and pension.
The Notice simplified the extraction of funeral expenses and pensions. The person in charge of relevant departments and bureaus of the State Administration of Financial Supervision introduced that considering the nature of funeral expenses and pensions is different from that of the deceased depositors' pre life deposits, in order to facilitate the masses, the Notice clearly stated that funeral expenses and pensions are not included in the 50000 yuan account limit, and can be fully simplified.
Specifically, the applicant may indicate in an appropriate way that the funds in the account belong to funeral expenses and pensions. The bank confirms the nature of the funds by verifying the transaction information and the source of funds, and the applicant signs the letter of commitment, and handles simplified withdrawal on the premise of ensuring the safety of funds.
In addition, the Notice also specified the relevant requirements for inquiring account transaction details. At the request of the first order successor, the bank can provide the account transaction details of the deceased depositor after his death and within 6 months before his death.
According to the above person in charge, on the one hand, the transaction details of the bank account of the deceased depositor recorded some personal information of the deceased depositor before his life, and may involve personal privacy, so he should be cautious. Commercial banks have the obligation to "keep secret for depositors". Although the successor can generally inherit the contractual rights and obligations between the deceased depositor and the bank, based on the personal attributes of the account transaction information, the successor does not necessarily acquire the right to know the account transaction information. In case of improper use of account transaction information and infringement of the privacy of the deceased depositor, the actor shall bear civil liability.
On the other hand, the Personal Information Protection Law, which came into force in November 2021, stipulates that close relatives can exercise the right to access the relevant personal information of the deceased for their own legitimate and legitimate interests, unless the deceased made other arrangements before death. In reality, there is also a reasonable need for heirs to query the details of the deceased depositors' pre life transactions under specific circumstances.
"The heir's legitimate and legitimate inquiry needs should be met. Therefore, in order to give consideration to personal information protection and heir's inquiry needs, in accordance with the Civil Code, the Personal Information Protection Law and other legal provisions, after soliciting multiple opinions, we have clarified the requirements for inquiry of account transaction details in the Notice to meet the inquiry needs under specific circumstances." The responsible comrades of relevant departments and bureaus said.
However, in order to avoid unnecessary and unrestricted inquiry and protect the personal information and privacy of the deceased depositor, the Notice stipulates the inquiry applicant and inquiry time limit. The State Administration of Financial Supervision and the People's Bank of China encourage banks to agree in advance with depositors on deposit inheritance, transaction details inquiry and other matters after their death through contractual agreements and other means.
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