Management of Banking Relationships and Unblocking of Inherited Funds

The loss of a family member is a delicate time, often aggravated by complex bureaucratic tasks concerning the management of the remaining estate. One of the most frequent issues heirs face concerns the blocking of the deceased's bank account by the credit institution. As an expert lawyer in successions in Milan, Avv. Marco Bianucci understands the practical and emotional difficulties that arise from this situation and offers targeted legal assistance to obtain access to funds quickly and in full compliance with current regulations.

The Regulatory Framework: Why Does the Bank Block the Account?

It is a consolidated practice, based on the rules of the Civil Code and banking directives, that upon notification of death, the credit institution immediately freezes accounts held by the de cuius. This precautionary measure serves to protect the bank from potential payments to unauthorized individuals and to ensure that funds are distributed correctly among all entitled parties.

To obtain the unblocking, it is necessary to proceed with the ascertainment of heir status. Banks require specific and rigorous documentation, which varies depending on the amount of the deposit and the presence or absence of a will. Generally, it is essential to present a copy of the succession declaration registered with the Revenue Agency and, in many cases, a deed of notoriety or a substitute declaration of notoriety, authenticated, to unequivocally demonstrate who the legitimate heirs are and in what proportions.

The Approach of the Bianucci Law Firm

Avv. Marco Bianucci, an expert lawyer in succession law in Milan, adopts a work method aimed at simplifying the bureaucratic process for the client. Often, dialogue with the succession offices of banks can be cumbersome for those without technical expertise, with the risk of practices being suspended for months due to formal errors or missing documents.

The firm handles:

Analyzing the financial situation and verifying the type of existing accounts (current accounts, securities, safe deposit boxes). Preparing and collecting all necessary documentation for the ascertainment of heir status, interacting directly with the legal departments of credit institutions. This professional intervention is crucial not only to expedite the release of funds but also to prevent or resolve potential disputes among co-heirs regarding the distribution of the balance. The goal is to ensure that every step is taken with the utmost transparency and legal certainty.

Frequently Asked Questions

How is a deceased person's bank account unblocked?

To unblock the account, it is necessary to present the bank with documentation proving the account holder's death and the heirs' status. Typically, the death certificate, the succession declaration filed with the Revenue Agency, and a deed of notoriety (or substitute declaration) listing the legitimate heirs are required. Once the regularity of the documents is verified, the bank will disburse the funds according to the respective shares.

What happens if the bank account is jointly held?

In the case of a jointly held account with separate signatures, the surviving joint account holder generally has the right to operate on their own share (presumptively 50%), while the share attributable to the deceased is blocked pending succession. However, practices may vary, and sometimes banks block the entire sum as a precautionary measure. Legal intervention is often necessary to assert the joint account holder's rights and unblock their portion.

How long does it take for the bank to unblock the funds?

The timelines are not fixed and depend on the complexity of the case and the processing speed of the credit institution. After submitting complete and correct documentation, the unblocking should occur within a reasonable timeframe, usually within 30 days. Unjustified delays can be formally contested with the assistance of Avv. Marco Bianucci.

Is it possible to withdraw money to pay for funeral expenses before the funds are unblocked?

Yes, many banks allow withdrawals from the blocked account for necessary funeral expenses, upon presentation of the relevant invoices. This is a procedure that must be specifically requested and falls within the operational management that the firm can handle on behalf of clients.

Legal Assistance for Succession Matters in Milan

If you are facing difficulties related to the blocking of an inherited bank account or require assistance with the succession declaration, it is crucial to act with precision to avoid bureaucratic stalemates. Avv. Marco Bianucci is available to examine your specific case and guide you towards resolving the issue.

Contact the Bianucci Law Firm to schedule an initial consultation at our office in Milan and discuss together the most suitable path to protect your inheritance interests.