Withdrawing money from the deceased's bank accounts and deposits: what to do under Georgian law

What to do

1. Money in an account is part of the inheritance: the inheritance includes property rights as of the time of death, including money in bank accounts (Civil Code Art. 1328). The bank pays heirs on the basis of a notary's document: the certificate of inheritance is issued after 6 months from the day of death, or earlier if there are no other heirs (Civil Code Art. 1500).
2. Before 6 months: the notary may earlier issue a certificate confirming the application for acceptance. It is not an inheritance certificate, but it carries the rights of a legal administrator, including the right to realise rights that have already arisen (Instruction on the Procedure for Notarial Acts, Art. 84). Ask the bank whether it will accept it. A sole heir may ask for the certificate early.
3. Funeral: expenses for the last illness, the funeral and the protection of the inheritance are paid from the estate before all debts, even mortgage debts (Civil Code Art. 1334); until 6 months have passed or a certificate is issued, the heir may not dispose of the inheritance, except for treatment, funeral, dependants and protection costs (Civil Code Art. 1427). In practice: pay yourself, keep the receipts and recover the amount from the deposit.
4. Remaining balance and accounts: the bank gives information about an account to its owner, his or her representatives, or on a court order (Law on Activities of Commercial Banks, Art. 17). Before the certificate, the bank may refuse; in a dispute, the matter goes to court.
5. Pension for months after death: the pension ceases from the first day of the month following the death, so no pension is due for subsequent months (Law on State Pension, Art. 17). Such amounts are not inherited and must not be withdrawn. Separately, an unpaid pension is paid to heirs who apply no later than 1 year from the day of death (Law on State Pension, Art. 18); funded pension savings are transferred to heirs in a lump sum or by transfer (Law on Funded Pensions, Art. 34).
6. Spouse: the spouse's share of property acquired during the marriage, including money in an account, is not inherited (Civil Code Art. 1339); the notary issues a certificate for the spouse's share after the acceptance period has passed (Instruction on the Procedure for Notarial Acts, Art. 57).
7. Where to apply: notary; bank; Social Service Agency for an unpaid pension; Pension Agency for pension savings.
8. Evidence: death certificate, documents on kinship and the deposit, funeral receipts.
9. Traps: withdrawing money from the deceased's card using the PIN is disposing of the inheritance without authority and leads to disputes with co-heirs; missing the one-year deadline for an unpaid pension; forgetting to exclude the spouse's share of money acquired during the marriage.

Be sure to check

• deposits are part of the inheritance; the bank pays on a certificate of inheritance after 6 months (earlier if there are no other heirs)
• a notary's certificate confirming the application (rights of a legal administrator) before 6 months
• funeral costs are paid from the inheritance first
• the spouse's share of money acquired during the marriage is not inherited
• unpaid pension: application within 1 year; funded pension savings pass to the heirs