[Direct answer]It should be fixed first and then distributed. According to Article 112 of the Civil Code of the People's Republic of China, inheritance refers to the legal personal property left by a natural person at the time of his/her death, including financial assets such as deposits, wealth management products, and funds. Article 147 of the same law stipulates that after the commencement of inheritance, no one is allowed to withdraw or transfer the deceased's deposits privately. The principal and income from wealth management products after maturity should be included in the inheritance and distributed together. For those parts belonging to the couple's joint property, the spouse's share should be allocated first, and the remaining part can then be regarded as inheritance. If anyone is found transferring or concealing assets, a prompt application for property preservation should be made.

1. Problem background and typical scenarios

When the decedent passes away, there are often multiple accounts with deposits, fixed-term deposits, bank wealth management products, funds, and insurance products under their name, which family members may not be able to grasp the full picture of at first. Common situations include: one heir withdrawing deposits with the decedent's bank card; unclaimed proceeds from expired wealth management products leading to loss of income; accounts that cannot be queried due to unknown passwords; and jointly owned deposits being mistakenly regarded as all estate assets for distribution. When handling such cases in Beijing, the court first confirms the scope and ownership of the estate, then addresses the responsibilities for custody and the distribution ratio. In addition, such issues often involve multiple parties and legal relationships. Clarifying the parties' positions, responsibilities, and applicable rules is a prerequisite for resolving the issue. The more complete the materials and the clearer the timeline, the greater the initiative that can be seized in subsequent negotiations and litigation. When conducting a detailed analysis, it is recommended to take the timeline as the main line, and to match contracts, certificates, transaction records, and relevant legal basis one by one, forming a clear processing framework, which is conducive to judging the order and feasibility of various claims.

II. Key points of dispute

Firstly, whether deposits and wealth management products belong to the personal property of the decedent or are marital joint property. Secondly, whether the funds withdrawn after the commencement of inheritance should still be included in the estate. Thirdly, how the income generated during the holding of wealth management products should be attributed. Fourthly, the boundaries of the duties and responsibilities of the estate administrator. Fifthly, whether the financial assets that the decedent had already disposed of or designated beneficiaries for can be included in the estate. Sixthly, whether the order of rights claims and preliminary procedures have been satisfied. Seventhly, whether the authenticity, legality, and relevance of the evidence can withstand scrutiny. Eighthly, how to balance the interests of third parties and the public interest. Ninthly, how to trade off the advantages and disadvantages of efficiency and outcomes between settlement, mediation, and adjudication. In addition, attention should also be paid to whether the form of evidence is legal, whether key facts can be corroborated, and the differences in cost, time, and feasibility of different handling solutions. On this basis, the priority path to be pursued should be determined.

III. Professional analysis by Henglue Law Firm

The practical experience of Henglue Lawyers is that financial asset disputes are mainly focused on two points: time nodes and usage. The date of commencement of inheritance is a key dividing line. After that date, no one has the right to dispose of the inheritance in their own name; if an heir withdraws funds without authorization, other heirs can claim their return and include it in the distribution of the inheritance. If the expenditure is indeed used for necessary expenses such as funeral and medical treatment, it can usually be deducted within a reasonable range. For financial management and funds, the net value on the date of commencement of inheritance or the definite value upon maturity shall be taken as the basis. The income during the holding period shall be included in the inheritance, rather than belonging to the party who actually controls the account. For insurance benefits, it depends on whether a beneficiary has been designated. If a beneficiary has been clearly designated, it is generally not part of the inheritance. In practice, it is also necessary to clarify the jointly owned shares of the couple before calculating the proportion of the inheritance, otherwise it is easy to make distribution errors.
This case is handled by Beijing Henglu Law Firm.\nQiu JuanThe attorney (practice certificate number: 11101201811026953, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, promptly inquire and register the heir's accounts, deposit slips, and wealth management holdings, and form a written list; Second, apply for property preservation for deposits and wealth management shares that may be transferred; Third, explain the purpose of withdrawal requests after the commencement of inheritance and retain the relevant receipts; Fourth, distinguish between marital joint property and proceed with asset division before distribution; Fifth, verify whether the insurance has designated beneficiaries and determine whether it belongs to the estate. For matters involving estate handling and inheritance disputes, you may refer to the relevant provisions of the Inheritance Law of the People's Republic of China.Inheritance of property and division of family assetsFor disputes involving financial assets and accounts, you can refer to the following for reference.\nFinancial capital and cross-border transactions involving foreign entitiesLegal basis: Articles 1122, 1147, and 1153 of the Civil Code of the People's Republic of China (all effective since January 1, 2021), and the provisions on the designation of beneficiaries in the Insurance Law of the People's Republic of China (amended in 2015). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, if someone secretly withdraws the inheritance after the inheritance process begins, they may be held liable to return the funds, and may even be deemed to receive a smaller share or no share at all. Secondly, timely inventory and preservation are the most effective means of preventing asset loss. Thirdly, financial returns should be included in the inheritance base together with the principal. Fourthly, insurance proceeds designated for beneficiaries are usually not included in the inheritance, and it is necessary to verify the terms of the insurance policy first. For matters involving the organization and preservation of financial inheritance lists, you can seek assistance through the following channels:\nInheritance of property and division of family assetsThe service is supported, and those who have disputes regarding bank accounts and financial products can seek help from it.\nFinancial capital and cross-border transactions involving foreign entitiesFor reference, the following is a translation of the Chinese sentence into English: \nRegarding the execution of inheritance funds, the following may be helpful:Creditor's rights and debts, and enforcementColumn.

VI. Frequently Asked Questions

Q1: After the elderly person passes away, how should the savings be handled?

First, the deposits should be inventoried and secured, and no one is allowed to withdraw them privately. If the deposits belong to the estate, the spouse's share should be allocated first; then they should be distributed according to the will or statutory inheritance. The heirs may handle the inheritance procedures by mutual agreement. If no agreement can be reached, they may apply to the court for partition and, if necessary, apply for preservation. Such issues must also be judged based on complete materials and statutory periods. The parties should promptly fix the evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose a suitable path with the assistance of a professional lawyer and assert their rights in a timely manner to reduce the adverse effects of insufficient evidence or the passage of time limits.

Q2: What materials are required to handle the inheritance deposit?

It is necessary to prepare the death certificate, proof of kinship, materials proving the heir's identity, deposit slips or account information, the original will (if any), and materials proving the marital relationship. For financial products and funds, proof of product ownership and maturity information should also be provided. Such issues must be judged based on complete materials and statutory timeframes. The parties concerned should promptly fix evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate approaches with the assistance of professional lawyers and assert their rights in a timely manner, in order to reduce the adverse effects of insufficient evidence or the passing of deadlines.

Q3: How much does it cost to handle these inheritances?

The main expenses include case acceptance fees and attorney's fees. The acceptance fees are calculated based on the amount of the dispute, and those who meet the conditions can apply for a reduction, deferral, or exemption from payment. If applying for property preservation, a guarantee must be provided, and the costs can be reduced through insurance. Specific expenses should be evaluated in advance. Such issues must also be judged based on complete materials and statutory timeframes. Parties should promptly fix evidence, pay attention to statutes of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate paths with the assistance of professional lawyers and assert their rights in a timely manner to reduce the adverse effects of insufficient evidence or missed deadlines.

Q4: How long does it take to divide the inheritance deposit?

For cases where there are no disputes over the inheritance, the inheritance procedures can usually be completed within a few weeks. However, if there are disputes requiring litigation, the first-instance summary procedure takes three months and the ordinary procedure takes six months. If the case involves appraisal or the addition of additional heirs, the timeframe will be extended. Such issues must also be assessed based on comprehensive materials and statutory timeframes. Parties should promptly secure evidence, pay attention to statutes of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate paths with the assistance of professional lawyers and assert their rights in a timely manner to reduce the adverse effects of insufficient evidence or the expiration of deadlines.

Q5: What should I do if someone secretly withdraws my deposits?

After the inheritance begins, if a person withdraws the inheritance without authorization, other heirs may request that it be included in the distribution of the inheritance or claim its return; if it is used for necessary expenses such as funeral expenses, it may be deducted within a reasonable range. For cases with obvious transfer risks, timely applications for property preservation and the retention of bank receipts should be made. Such issues must also be judged based on complete materials and statutory periods. Parties should promptly fix evidence, pay attention to the statute of limitations and procedural deadlines, confirm key matters in writing, and, if necessary, choose appropriate paths with the assistance of professional lawyers and assert their rights in a timely manner to reduce the adverse effects of insufficient evidence or the passage of time limits.

The above Q&A is mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials to avoid missing the statutory time limit. →Legal services for inheritance·Attorney Qiu Juan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and publicly available adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.