Bank accounts and savings deposits left behind by a deceased person do not get lost, but simple death certificates and identity documents are not enough for heirs to withdraw the funds.
If the titular has authorized a relative to withdraw money or make payments in their name, the right of representation ends, as a rule, upon their death. The simple fact that a person had access to the card or the banking application does not grant them the right of ownership over the money. The Civil Code distinctly regulates the situation of the joint current account.
What Heirs Need to Know About Bank Accounts
- Bank access is restricted immediately after a financial institution learns of a customer’s death via a death certificate or official notification.
- An existing bank authorization or mandate typically ends with the client’s death under Article 2.030 of the Civil Code.
- Heirs cannot split or withdraw balances automatically, as rights must be established through succession procedures and inheritance certificates.
Restrictions on Bank Cards and Authorizations
Families often discover that relatives who held powers of attorney can no longer access funds.
For joint current accounts, Article 2.187 of the Civil Code establishes that heirs become co-owners until a partition is completed. Operations require the consent of all parties, and balances do not automatically split into 50-percent shares. Banks cannot release the entire balance to a surviving spouse or child without proper legal documentation.
Establishing Inheritance Rights Through Succession
Assets belonging to the deceased enter the estate and pass to legal or testamentary heirs. If there are also moneys from the common patrimony of the spouses in the account, the part that belonged to the deceased must be established first. The rights to the sums must be established according to the legal situation of the account and succession rules.
The sums and rights that belonged to the deceased person at the time of death enter the succession mass and are transmitted to legal or testamentary heirs. In the absence of a will, the Civil Code divides legal heirs into four classes ranging from descendants to collateral relatives, with surviving spouses inheriting a specific quota depending on which class of relatives they compete with.
When wills designate specific beneficiaries, the law protects the statutory reserve for surviving spouses, children, and parents. This reserve equals half of the succession quota that would have been due under legal inheritance rules. Notaries or courts establish these exact rights through an inheritance certificate.
Accessing Historical Bank Records
Families investigating transactions made before a relative’s death must follow specific legal standards. Through Decision No. 9 issued on May 20, 2024, the High Court of Cassation and Justice established that heirs can obtain information about operations performed during the account holder’s lifetime only by justifying the purpose of their request.
While banks cannot refuse information regarding the account balance at the date of death or operations conducted afterward, requesting historical transaction data requires proving a legitimate reason. Simply holding the status of an heir is insufficient to automatically receive all lifetime bank statements.
Heirs Must Complete Succession Procedures to Recover Funds
To recover funds from a deceased person’s accounts, heirs must complete succession procedures through a public notary if they agree on the inheritance, or through the courts if disputes arise. Notaries can request direct information from financial institutions regarding existing accounts through the National Union of Public Notaries in Romania.
Opening the succession file requires the death certificate, identity documents, birth and marriage certificates to prove kinship, a will if one exists, and relevant financial documents. Once the notary issues the inheritance certificate, relatives present it alongside identification to the bank to release or transfer the funds according to established quotas.
