Bank statements are a crucial tool in inheritance cases for fully documenting the estate. They provide information about existing assets and liabilities and help identify suspicious withdrawals. It is therefore essential for heirs to know how to obtain these documents and what rights they have.
1. Right of heirs to information – legal basis
Upon the death of an account holder, all rights and obligations automatically pass to the heirs. This includes a comprehensive right to information from the bank – including access to historical account statements.
To release funds, credit institutions typically require a certificate of inheritance or a probated, notarized will. These documents serve as official proof of heirship.
2. What data can heirs view?
The right to information generally extends to:
- current account balances,
- Bank statements from previous years (often going back up to ten years),
- Information on savings accounts, securities accounts and bank safe deposit boxes,
- Statements of standing orders and direct debits.
This information is crucial for determining the value of the estate and correctly calculating compulsory share claims.
3. Special rules for communities of heirs
If there are multiple heirs, the request for account information must usually be submitted jointly.
An exception exists if an heir has a valid power of attorney. Even then, it is advisable to inform all co-heirs to avoid conflicts.
4. Caution regarding existing bank powers of Attorney
Account holders often grant powers of attorney that extend beyond their death. These remain valid until revoked by the heirs.
If there is suspicion of unauthorized withdrawals, heirs should act immediately: revoke the power of attorney and inform the bank in writing about the inheritance.
5. Overview of the importance of bank statements
- Determining the value of the estate
- Determination of debts
- Detection of unauthorized transactions
- Evidence in inheritance disputes and claims for compulsory shares
- Basis for a complete inventory of the estate
Conclusion:
Bank statements provide clarity about the deceased’s financial situation in inheritance cases. Those who know their rights to information and exercise them consistently can avoid ambiguities and ensure a fair distribution of the estate.
