[Direct answer]In the Beijing area, if the heirs do not know the password, they cannot withdraw money from ATMs or counters on their own, but this does not mean they cannot obtain the inheritance. There are two processing paths: First, all heirs hold the death certificate, proof of kinship, and the will (if any) to the notary office to handle the inheritance notarization. With the notarization certificate, the bank will assist in handling the account closure and withdrawal. Second, if the heirs cannot reach an agreement or the bank requires judicial documents, one heir can sue the other heirs. After obtaining an effective judgment or mediation agreement, the heir can apply to the bank for cooperation unilaterally with the documents. The bank shall not refuse to cooperate with the heir who holds the effective legal documents solely on the grounds of "not knowing the password and needing to handle it in person". If there are disputes over the whereabouts of the deposits, the court can be requested to retrieve the bank's transaction records for verification. It is recommended to consult a professional lawyer as soon as possible to clarify the inheritance shares and evidence-gathering plans.

1. Problem background and typical scenarios

After the elderly person passes away, they leave behind bank cards and passbooks, but their family members don't know the withdrawal passwords, which is a frequent and difficult problem in inheritance consultations. Typical scenarios include: the elderly person alone controls the passwords and passes away suddenly without anyone knowing; multiple children fail to reach an agreement on the division of deposits, and none of them are willing to cooperate first; an inheritor has already withdrawn some funds on his own, and the other inheritors question the whereabouts of the funds; the bank refuses any agency on the grounds of "bank secrecy and the need for the account holder to handle it in person". In such situations, the parties often mistakenly believe that "if they can't get the passwords, they can't withdraw the money", but in fact, there are legal channels for withdrawing inheritance funds. For more information, please refer to the relevant rules.Legal services for inheritance and family property division.

II. Key points of contention

The controversy focuses on three points. Firstly, the scope of banks' obligation to cooperate: Banks' obligation to maintain client confidentiality applies to living depositors. When heirs claim their rights with notarized documents or effective legal instruments, banks should assist them in accordance with the law and cannot refuse on the grounds of missing passwords. Secondly, whether forgotten passwords prevent inheritance: Passwords are just a way of withdrawing money, which does not change the nature of deposits as inheritance. Heirs' substantive rights cannot be deprived due to technical problems. Thirdly, disputes over shares among multiple heirs: If some heirs monopolize or transfer deposits, other heirs can file lawsuits to claim their return and division. In the judicial practice of Beijing, courts generally adopt the approach of "verifying bank deposits with legal documents and dividing them according to shares" in the analysis of inheritance property.

III. Professional analysis by Henglue Lawyers

A case of inheritance dispute handled by Attorney Li Yonghui fully demonstrated the approach to dealing with the coexistence of "disputes over passwords and deposits". The decedent, Guo **, died in December 2022, leaving bank deposits in ICBC. His children had sharp conflicts over the division of bank deposits and the deduction of funeral expenses. During the litigation, the defendant transferred and withdrew large sums of money from Guo's multiple bank accounts, and the plaintiff also handled the cancellation of some deposit certificates and withdrawals on behalf of the defendant. Both parties had different opinions on the whereabouts of the funds. In addition, there were disputes over whether the 90,000 yuan in deposits and the 56,400 yuan in rent kept by the plaintiff belonged to the scope of inheritance division. Attorney Li Yonghui retrieved the bank statements and checked the account balances, cancellations, transfers, and withdrawals of Guo's accounts one by one. He argued that the funds withdrawn from the account should be included in the inheritance division, and agreed to divide the 90,000 yuan in deposits and the 56,400 yuan in rent in accordance with the law. The court, taking into account the validity of the handwritten will and the inheritance laws, treated the relevant bank deposits as inheritance and deducted the relevant funeral expenses from the inheritance as appropriate. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe attorney (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

The legal basis includes Article 1123 of the Civil Code of the People's Republic of China (effective January 1, 2021) (Handling after the commencement of inheritance: if there is a will, follow the will; if there is no will, follow the statutory inheritance), Article 1127 (Scope of statutory heirs and order of inheritance), Article 1133 (A natural person may make a will to dispose of personal property), Article 1153 (Division of marital joint property); as well as rules related to notarization and assistance with savings. Action list: First, collect the deceased's death certificate, proof of kinship, and will; Second, first consult with other heirs and handle the inheritance notarization if there is agreement; Third, if no agreement can be reached, the heirs may file a lawsuit and apply to the court to retrieve the bank transaction records to clarify the whereabouts of the funds; Fourth, hold the effective judgment or mediation agreement to apply to the bank for assistance in withdrawing funds; Fifth, if it is found that someone has transferred the deposits, promptly claim the return of the funds. For details, please refer to the following link:Legal services for inheritance and family property division.

5. Henglue Law Firm's Reminder

The most serious problems with inheritance deposits are "internal mutual dragging down and external evidence loss". Password issues can be resolved through notarization or judicial documents, but the real risks lie in the delay and transfer of funds by multiple heirs, as well as the loss of transaction records. It is recommended to fix bank transaction records, deposit slips, and account information as soon as possible to avoid losing evidence in long-term disputes. At the same time, there is real pressure to preserve evidence in inheritance disputes, so don't put it off just because "the money is in the bank anyway and can't be lost". When handling similar cases in the Beijing area, it is recommended toBeijing Henglu Law FirmUnder the assistance of professional lawyers, choose either the notarization or litigation path, and clarify the share and evidence collection once and for all.

VI. Frequently Asked Questions

Q1: If I don't know the password, will I never be able to withdraw my deposit?

No. The password is just a technical means of withdrawing money, which does not change the nature of the deposit as an inheritance. The heirs can apply to the bank for assistance in closing the account and withdrawing the money with the inheritance notarization certificate, or with the effective judgment and mediation agreement issued by the court; the bank cannot refuse to assist the heirs who hold valid legal documents solely on the grounds of not knowing the password or requiring them to handle the matter in person. In other words, the substantive rights are not affected by the lack of a password. The key is to complete the inheritance confirmation process and obtain the authorization document.

Q2: What should I prepare if I want to retrieve the deceased's deposits from the notary office or the court?

The core materials include: the deceased's death certificate, proof of kinship (such as household registration books, birth certificates, marriage certificates, etc. that can form a chain of evidence), will (if any), and the identity certificates of all the heirs; for materials involving bank statements, prepare account information, deposit slips, or bank card clues, and apply to the court for retrieval if necessary. The materials must be able to prove "who died, who are the heirs, whether there is a will, and the whereabouts of the deposits". Only when all three pieces of evidence are available can the notarization or litigation proceed smoothly.

Q3: How much does it cost to hire a lawyer to withdraw the inheritance deposit?

If you choose inheritance notarization, the main expense is the notarization fee, which is paid according to the standards announced by the notarization agency. If the case goes to litigation, the case acceptance fee is calculated based on the litigation subject amount according to the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007), and the fee for mediation or withdrawal of the lawsuit is halved. The attorney's fee is determined through negotiation between the law firm and the client, and there is no unified government pricing. It is usually charged per case or as a percentage of the litigation subject amount. It is recommended to confirm the charging method and stages before entrustment.

Q4: How long does it usually take from discovering a password issue to withdrawing the deposited funds?

If the heir is undisputed and all necessary materials are available, the inheritance notarization can usually be completed within a few weeks, after which the bank will assist with the withdrawal of funds. If no agreement can be reached and the case proceeds to litigation, the first-instance summary procedure will be concluded within three months and the ordinary procedure within six months. The period involved in handwriting identification and retrieval of transaction records will be even longer. In the Beijing area, family cases are generally mediated first, and if the mediation is successful, the case can be resolved within a few months. The overall time depends on the degree of the dispute and the progress of evidence collection, and it is not advisable to put it on hold indefinitely.

Q5: If multiple heirs cannot reach an agreement on the division of deposits, what should they do?

If there is a consensus, the inheritance notarization shall be handled jointly; if there is no consensus, one of the heirs shall sue the other heirs as the plaintiff, requesting the division of the deceased's deposits in accordance with the law, and apply to the court to retrieve the bank transaction records to clarify the withdrawal and transfer situation of all parties. For the funds that have been exclusively appropriated or transferred by some of the heirs, the claimant may request their return and inclusion in the division of the estate. After the judgment or mediation takes effect, the claimant may apply to the bank for assistance in withdrawing the funds based on the legal document, without the need for all the heirs to be present. It is recommended to entrust a professional lawyer as soon as possible to fix the evidence.

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

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, so as to avoid missing the statutory time limits.Inheritance legal services·Attorney Li Yonghui·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public 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. If you encounter disputes, please consult a practicing lawyer in time.