Bequeath something stored in a safe deposit box. Inheriting the contents of a safe deposit box

Inheriting any property has its own characteristics, and money is no exception to this rule. After the death of the testator, his heirs must contact a notary to open an inheritance, and subsequently, to accept it and obtain the appropriate certificate. This procedure is carried out by drawing up the appropriate statements and submission of necessary documents notary, as well as payment state duties. It is important to note that the available funds of the testator can be transferred to his heirs both by law and by will, and in some cases, by making a testamentary disposition in the bank. In any of these cases, the new “owner” can dispose of them only after receiving the appropriate certificate of inheritance. When inheriting, no small importance is given to the issue of its taxation. In turn, the state exempted from paying tax all persons who received property through inheritance.

How to inherit money

  • by law or will (Article 1111 of the Civil Code of the Russian Federation);
  • by contacting a notary or district court.

The procedure for entering into an inheritance involves acquiring it by adoption(Chapter 64 of the Civil Code of the Russian Federation). It can be carried out in the following ways(Article 1153 of the Civil Code of the Russian Federation):

  1. Submitting a corresponding application to the notary at the place of opening of the inheritance (i.e., the place of last residence of the deceased person - the requirements of Art., Civil Code of the Russian Federation, Art. 62 of the Fundamentals of Legislation on Notaries).
  2. The heir's performance of actual actions indicating his acceptance (i.e., he took over the management of this property, took measures to preserve it, etc.).

Acceptance of property by inheritance occurs within 6 months from the moment of its opening, however, this period is not preclusive. This means that it can be extended if missed, if there are good reasons (Article 1155 of the Civil Code of the Russian Federation).

The most effective way to receive funds through inheritance is for the heirs to contact a notary. This is due to the fact that it is this person who has the right in accordance with Art. 64 Art. 1172 of the Civil Code of the Russian Federation to accept protection measures inherited property. In terms of money, this could be: actions, How:

  • making an inventory of property included in the inheritance mass;
  • depositing cash with a notary, including from debtors of the deceased person;
  • giving instructions to relevant persons.

When considering this issue, it is advisable to pay special attention to such a protective measure as depositing funds with a notary. This procedure, in addition to Art. 1172 of the Civil Code of the Russian Federation, regulated by Art. 87 Fundamentals of legislation on notaries, as well as paragraphs 156-161 of Order of the Ministry of Justice of Russia No. 78 of 04/16/2014 “ On approval of the rules of notarial office work».

In the case where the testator is a creditor, and his debtor has deposited the corresponding amount of money on the deposit of a notary at the place of fulfillment of the obligation (if it does not coincide with the place of residence of the creditor), then these funds are also included in the composition of the inheritance mass, but their issuance is carried out only upon presentation of a certificate of right to inheritance.

When a notary takes measures to protect the inheritance, interested parties will need to pay a state fee in the amount 600 rubles(clause 23, clause 1 of article 333.24 of the Tax Code of the Russian Federation - Tax Code of the Russian Federation).

Certificate of right to inheritance for money

In order to become the full owner of the funds due by inheritance, the heir must not only accept it, but also receive the appropriate certificate. Art. 70 Fundamentals of legislation on notaries, art. 1163 of the Civil Code of the Russian Federation establishes the period after which it is issued to the heirs (at any time after the expiration of six months from the date of its opening). However, this period may be reduced. For example, when there is reliable information that, apart from the persons who applied for its extradition, there are no other heirs to this property or by a court decision.

To obtain a certificate of inheritance it is necessary submit the following documents to the notary(in originals and copies):

  1. Application for issuance of a certificate of inheritance.
  2. Passport as a document proving the identity of the heir.
  3. Documents confirming the authority of the heir's representative.
  4. Death certificate of the testator.
  5. Supporting documents for inherited property (passbook, bank deposit agreement, testamentary disposition, information about an open deposit with another notary, etc.)
  6. Documents confirming the right to inherit (will, documents on kinship - marriage certificates, birth certificates).
  7. A document establishing the last place of residence of the testator (extract from the house register, certificate from the passport office, housing department), as well as persons living together with him (to establish a mandatory share).
  8. Receipt of payment of the state fee for issuing a certificate (clause 22. clause 1 of Article 333.24 of the Tax Code of the Russian Federation - for close relatives 0.3% and no more than 100,000 rubles, for other heirs - 0.6% and no more than 1,000,000 rubles ).

Said certificate drawn up according to the approved form in accordance with the requirements of Order of the Ministry of Justice of Russia No. 99 of April 10, 2002 “ On approval of Register Forms for registration of notarial acts, notarial certificates and certification inscriptions on transactions and certified documents" In his content It is mandatory to indicate the following information:

  • place of issue in full, date in words;
  • information about the notary and heirs;
  • basis for inheritance;
  • information about the inherited property with its detailed characteristics, as well as the presence or absence of any encumbrances;
  • information that this document is a legal document for the heir;
  • the need to register the right;
  • number of the inheritance file;
  • registration number in the relevant register;
  • the amount of the collected state duty (tariff);
  • signature and seal of the notary.

Inheritance with money in a savings book

Any funds that belonged to the testator on the day of his death are included in the inherited property; funds in bank accounts are also an exception to this rule.

In addition to the considered option of receiving money by inheritance, it should be separately noted testamentary disposition rights to funds in banks (Article 1128 of the Civil Code of the Russian Federation). It is understood as a document according to which the depositor (testator) bequeaths his funds in an account opened in a certain bank to his heirs.

The procedure for making such an order has its own characteristics and is regulated in addition to the norms of the Civil Code of the Russian Federation by Decree of the Government of the Russian Federation No. 351 of May 27, 2002 “ On approval of the rules for making testamentary dispositions of rights to funds in banks" Such a document equivalent to a will, certified by a notary, although it is drawn up in the bank where the testator’s deposit is open, and its execution is absolutely free.

Receipt of these funds by the heirs is carried out directly in the bank, where they are located on the basis of the issued certificate of inheritance. Thus, the receipt of these funds falls under the general conditions of registration of inheritance.

From the specified amount of money, before the expiration of 6 months from the date of opening of the inheritance, the heirs can receive part of it in case of reimbursement of expenses caused by the death of the testator (Article 1174 of the Civil Code of the Russian Federation) on the basis of a notary's decree. They may be related to dying illness, funeral, payment for burial place, etc.

The amount of such expenses is reimbursed within the value of the inheritance, and those related to funerals in an amount not exceeding 40 thousand rubles.

It is important to note that even if there is a certificate of the right to inheritance, in which, by testamentary disposition, the heir is entitled to a certain part of the contribution or all of it, the latter may not always “dispose” of these funds at the moment when he wishes. This may be due to the fact that the testator has provided special conditions at your disposal. For example, the issuance of funds within certain periods and amounts, the obligation for the heir to reach a certain age.

Another point when inheriting money can be highlighted testamentary refusal, or in other words, this is a situation when the testator imposes on one of the heirs an obligation of a property nature in favor of another person at the expense of the inheritance.

Art. 1137 of the Civil Code of the Russian Federation quite clearly defines that such a refusal is committed only in the will with a mandatory indication of its subject, including making periodic payments in favor of the legatee. This may also apply to funds held in the accounts of the testator. Moreover, the beneficiary in this case is not the heir, but a third party, and the resulting relations between them are obligatory, i.e. both debtor and creditor.

Tax upon receiving money as an inheritance

When entering into an inheritance, heirs always need to remember that in order to complete this procedure, they need paragraphs. 18 clause 1 art. 217 of the Tax Code of the Russian Federation are not subject to taxation, and therefore, heirs are always exempt from paying personal income tax (NDFL).

1 answer. Moscow Viewed 94 times. Asked 2013-03-31 11:05:28 +0400 in the topic “Inheritance Law” Please tell me the wording of the receipt for the keys to the safe deposit box. I just need the text itself, thanks!

Please tell me the wording of the receipt for the keys to the safe deposit box. I just need the text itself, thank you.

more 1 answer. Moscow Viewed 163 times. Asked 2013-07-06 15:06:43 +0400 in the topic “Other questions” Purchase and sale! help! - Buying and selling! help more 1 answer. Moscow Viewed 35 times. Asked 2013-07-10 10:41:29 +0400 in the topic “Real Estate” Expert assessment of the contents of a safe deposit box - Expert assessment of the contents of a safe deposit box. more 1 answer. Moscow Viewed 90 times. Asked 2012-09-26 11:44:58 +0400 in the topic “Banking” What is a safe deposit box rental agreement?

Acceptance of an inheritance is carried out by submitting, at the place of opening of the inheritance, to a notary or an official authorized in accordance with the law to issue certificates of the right to inheritance, an application from the heir for acceptance of the inheritance or an application from the heir for the issuance of a certificate of the right to inheritance.

Thus, it appears that the client’s heir is allowed to access the safe deposit box only on the basis of a certificate of the right to inheritance, which must be issued to him by a notary. I, Ivanova Maria Sergeevna, notary.

Ekaterinburg, Sverdlovsk region. I certify that, on the basis of Article 1145 of the Civil Code of the Russian Federation, the heir to the property of Rudolf Petrovich Vlasov, who died on January 25, 2004, indicated in this certificate, is: cousin - Nikita Sergeevich Vlasov, born in 1970 (06/12), living at the address:

Opening a safe deposit box

The rental period has expired, and the client has not removed his valuables from the locker.

After 30-90 days from the end of the lease agreement (depending on the agreement concluded with the bank), the credit institution has the right to open the locker; upon entry into inheritance rights. The heir must present the bank with a corresponding certificate drawn up by a notary. The opening takes place with the participation of the heir/heirs, who can pick up the contents of the cell on the same day; if the locker contains prohibited values ​​or substances that have a harmful effect.

In a bank safe deposit box you cannot store weapons, drugs, fire hazards, highly poisonous, explosive, chemical, radioactive or substances that create strong electromagnetic fields, as well as property that in any way can affect the safety of the safe deposit box and the storage facility of the credit institution as a whole.

Inheriting a safe deposit box

Based on Article 922 of the Civil Code of the Russian Federation, individual bank safes (safe deposit boxes, isolated premises in a bank) can be provided to a client on the basis of two different agreements: The first is an agreement for storing valuables in a bank using an individual bank safe by the client.

Under this agreement, the bank, according to the inventory, accepts the valuables that must be stored in the safe, and exercises control over their placement in the safe and removal from the safe.

The second is an agreement for storing valuables in a bank with the provision of an individual bank safe to the client. Under such an agreement, the bank provides the client with the opportunity to place and remove valuables without control by the bank and without the bank being liable for the contents of the safe. Essentially, this is a lease agreement, and banks, as a rule, call this kind of agreements that way.

Registration of inheritance for the contents of a safe deposit box.

Registration of inheritance often becomes a rather complex and lengthy process.

In order for everything to go without misunderstandings and unnecessary waste of time, money and health, it is worth entrusting such an important and difficult task to specialists. The legal bureau “Inheritance Registration Center” provides the services of qualified lawyers, including the registration of inheritance.

Our employees will help resolve various disputes and carry out the necessary procedures, including registering an inheritance for a safe deposit box.

We are, of course, not talking about the cell itself; it is its contents that are of interest. Can it be inherited if the owner dies? If there is no key to the cell, can heirs gain access to it? How is an inheritance for the contents of a safe deposit box processed? The legal bureau “Inheritance Registration Center” will carry out all the necessary actions at a high level, taking into account all the details and subtleties of each case.

10 questions about bank safe deposit boxes

As summer approaches, more and more Ukrainians are wondering where to spend their money and various family heirlooms during their vacation.

If earlier the headache was only for these same relics (money was deposited), today we also have to worry about a “shelter” for personal savings.

Considering the economic crisis, the increasing frequency of robberies and distrust in bank deposits, renting an individual safe deposit box looks like a good option.

It is about bank safes that our readers have been asking us most often lately.

We made a selection of the most interesting questions and asked bankers to answer them. The introduction of a temporary administration at a bank does not affect the safety of valuables in safe deposit boxes and access to them.

Inheriting a safe deposit box

A notary certifies the wills of capable citizens, drawn up in accordance with the requirements of the legislation of the Russian Federation and the republics within the Russian Federation and personally presented by them to the notary.

Customers who keep their savings and other valuables in a bank safe under temporary administration, as before its introduction, can freely put anything in the safe deposit box and remove its contents at any time.

Certification of wills through representatives is not permitted. A notary, in the event of receiving notification of the cancellation of a will, as well as receiving a new will that cancels or changes a previously drawn up will, makes a note about this on a copy of the will kept by the notary and in the register of registration of notarial actions. Notice of revocation of a will must be notarized.

A notary who has received a message about the opening of an inheritance is obliged to notify about this those heirs whose place of residence or work is known to him. The notary can also summon the heirs by placing a public notice or reporting it in the media.

Inheriting a safe deposit box

First of all, it is necessary to resolve the issue of the need to take measures to protect the inherited property located in the safe deposit box rented by the testator. Measures to protect inheritance are taken solely for the purpose of protecting the rights of heirs, legatees and other interested parties when the need arises, in order to eliminate the possibility of damage, destruction or theft of inherited property.

As a rule, banks provide decent conditions for ensuring the safety of property stored in safe deposit boxes, and there is no need to protect this property by a notary. In order to identify the composition of the inheritance and its protection, banks, other credit organizations and other legal entities are obliged, at the request of a notary, to inform him about the information available to these persons about the property that belonged to the testator.

Inheritance and wills

Any person can make a will an unlimited number of times, but it must be in writing and certified by a notary or other authorized legal person.

A will can be challenged if it infringes on the interests of disabled relatives of the deceased.

Such relatives, as a rule, have the right to an obligatory share in the inheritance, which is not canceled by the will.

A notarized will can be written either by the testator himself or recorded from his words by a notary.

Various technical means (typewriter, computer, etc.) may be involved in the writing process. The will, which was written down by a notary from the words of the testator, must be read personally by the testator before he signs it.

Up to 20 positions

From 21 to 40

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Cost (RUB) 20000
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14 999
30000
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24 999
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34 999
Note

Payment for assessing the contents of a safe deposit box (individual safe) is made within 3 working days after the customer receives the documents (Report). We provide the opportunity to show documents to a notary and only after that pay for our work.

The presence of an appraiser when opening a safe deposit box - 15,000 rubles, with verification of the authenticity of diamonds, banknotes, determination of gold samples.

Delivery of documents by courier within the Moscow Ring Road - 299 rubles.

Deadlines (working days) 1-2 1-2 1-3

Assessing the contents of a safe deposit box for an inheritance– one of the priority activities of our company. Assessing the contents of a safe deposit box (individual safe) for a notary is a mandatory procedure when registering an inheritance. The assessment is necessary in order to pay the notary the state fee and obtain a certificate of inheritance. Without receiving such a document, the heir is not able to inherit the contents of the safe deposit box.

Valuation of the investment of a safe deposit box (individual safe) is the determination of the market value of the property located in it: jewelry, precious metals and stones, products made from them, money, currency valuables, bars, coins, badges, and much more. The assessment is carried out on the date of actual death of the testator. The amount of the state fee paid by the heir for performing notarial acts is determined in the tax code of the Russian Federation (Article 333.24): “for children, including adopted children, spouse, parents, full brothers and sisters of the testator - 0.3 percent of the value of the inherited property, but no more than 100,000 rubles, other heirs - 0.6 percent of the value of the inherited property, but not more than 1,000,000 rubles.” Assessing the contents of a safe deposit box is a service that our company has been providing for many years, and therefore we have accumulated a lot of positive experience. Qualified appraisers of our company take into account all the subtleties and nuances of Russian legislation and the requirements of notaries.

The result of our work on assessing the contents of a safe deposit box is a Report on the assessment of the market value of the property located in the safe deposit box, compiled in accordance with the “Federal Law on Valuation Activities in the Russian Federation No. 135” as amended and valuation standards. For assessment, the heir must receive a copy of the document entitled “Inventory of investment items of an individual safe” or “Inventory of seized investment items from an individual safe” or "Inventory of opening a safe deposit box". You can receive the specified Inventory from the bank on the basis of a written request from a notary to the bank in order to identify information about the existing rented individual safe and the property located in it. Article 1171 of the Civil Code of the Russian Federation obliges banks to provide the notary with information about the property belonging to the testator. In this case, the assessment of the safe deposit box is carried out without its inspection by the appraiser based on a copy of the Inventory.

If the lease agreement for the safe deposit box has not yet expired, then the notary and the heir, on the basis of Article 1172 of the Civil Code of the Russian Federation “Measures for the protection of inheritance,” may be present when it is opened. The opening of a safe deposit box usually occurs at the end of the storage agreement, but can be done before the end of the period by letter from a notary. IN Basically, notaries are not present when opening a safe deposit box, but send a letter to the bank stating that they trust to open the safe deposit box and describe the inherited property without it. In the same letter, the notary indicates the passport details of the heir, whom he asks to be allowed to inspect when opening the safe deposit box. If the notary does not plan to be present when the box is opened, then he can issue another letter to the bank, in which it indicates the need to evaluate the contents of the safe deposit box in the inheritance case, and therefore requests that the appraiser be allowed to inspect the contents of the safe deposit box. The letter contains the passport details of the appraiser. If the notary refuses to issue such a letter, then the heir independently submits an information letter with the appraiser’s passport data to the bank. At a time agreed upon with the bank, and in the presence of a commission of bank employees, the individual safe is opened and an inventory of the inherited property is drawn up. At this point, the appraiser can carry out the necessary research: weighing, checking the authenticity of diamonds, banknotes, determining samples of jewelry. The research uses modern instruments and non-destructive technical means (gold, diamond detectors, etc.).

If the lease agreement for a bank safe deposit box has expired, then a commission of bank employees without an heir and an appraiser opens the safe deposit box with the second key stored in the bank, amounting to “Inventory of seized investment items from an individual safe ", puts the contents in a special bag, seals it and send all the contents of the safe deposit box to a central storage facility. In this case, you can agree with the bank on the return of the sealed bag to the bank branch where the safe deposit box was rented, and conduct an additional inspection of the contents of the bag in the presence of the heir and the appraiser, or the assessment can be carried out by the appraiser without inspection based on a copy of the Inventory on opening the safe deposit box.

You can order an assessment of the contents of a safe deposit box for an inheritance directly on the website by filling out the Online application form below. This data will be sufficient to prepare a Report for the notary. The next day after your order, our company’s courier will deliver a completed package of documents to the address you specified in your application. The Report, in addition to assessing the contents of the safe deposit box, will include documents stating that Expert-Consulting Appraisal Company LLC has the right to assess the contents of an individual safe for inheritance. By entrusting the assessment of the inheritance to professionals, you are making the right choice.

We wish you and your loved ones health and longevity. If you still need our help in assessing your inheritance, we will quickly and inexpensively appraise the property in a safe deposit box for a notary. With our report on the assessment of the contents of a bank individual safe, you will feel protected, successful and infinitely confident. Order the service "Evaluation of a safe deposit box" right now.

Online application for assessment of the contents of a safe deposit box for an inheritance

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Below we have described the main cases when a safe deposit box can be opened without the knowledge of the owner of valuables:

  • Opening of a cell by law enforcement agencies during investigative actions
  • Force majeure
  • Storage of prohibited items

The owner did not take back the valuables upon expiration of the contract

Human factor is the most common cause of failure of any system. We are all not robots and can forget that we have a cell somewhere and that it contains values ​​that we may really need. Often the lease agreement for a safe deposit box is concluded for a period of one year. The owner of the valuables writes a reminder on some piece of paper, which he then loses, and the reminder on the phone does not work or the phone itself is already lost. The opening of a box due to the owner’s failure to appear for valuables occurs more often than for any other reason. Bank managers, knowing about the forgetfulness of clients, call the client a week before the end of the lease term, send SMS and write emails. A typical safe deposit box lease agreement provides for a certain period after the end of the lease when the bank will not touch your client's belongings, usually 20-40 days. During this period, banks charge an increased tariff or impose penalties for each day of delay. A week before the opening itself, banks notify the client in writing by mail, email and again by telephone about the upcoming act of opening the cell.

What happens if the client, despite all the horror stories from the bank, does not show up to collect his things. The lease agreement for a safe deposit box, and most often the rules to which the agreement refers, provides for a procedure for opening the safe deposit box. The autopsy takes place as part of a commission of 3-4 people. Representatives of the safe supplier's organization may be invited to the commission. The commission draws up an inventory of the contents of the cell in several copies. One copy of the inventory is subsequently transferred to the client. The client's property is placed in a special collection bag, then sealed and transferred for safekeeping to a bank vault, where it is stored for 1 to 3 years, as provided by the agreement or bank rules.

Most likely, the owner will sooner or later remember his values, for example, when he is about to make a significant purchase, for which he has put money in a cell. However, the question remains what will happen if the owner does not contact the bank for his property after the period for storing things in the bank vault expires. Such situations are not described in safety deposit box lease agreements. It can be assumed that in the absence of contractual provisions, the Bank will act based on the provisions of the Civil Code (CC). A safe deposit box rental agreement is a type of storage agreement. According to Article 899 of the Civil Code: “If the bailor fails to fulfill his obligation to take back the thing transferred for storage, including when he evades receiving the thing, the custodian has the right, unless otherwise provided by the storage agreement, after a written warning to the bailor, to independently sell the thing at the price prevailing at the place of storage, and if the estimated value of the thing exceeds one hundred minimum wages established by law, sell it at auction in the manner prescribed by Articles 447 - 449 of this Code.

The amount received from the sale of the thing is transferred to the bailor minus the amounts due to the custodian, including his expenses for the sale of the thing.”

According to these rules, the bank will most likely sell the client's valuables, cover its unpaid commissions and place the proceeds on a demand deposit in the client's name, which it will notify him of by letter.

Opening the cell by law enforcement agencies

The second most likely reason for opening a safe deposit box without the owner’s knowledge is the action of law enforcement agencies. The Criminal Procedure Code provides investigative bodies with the right to search and seize documents. The bodies of inquiry are: police, FSB bodies, tax police bodies, customs bodies and others. The worst news for owners of safe deposit boxes is that their safe deposit boxes can be opened by law enforcement agencies without a court order, since they are not located in residential premises. The search and seizure order is prepared not even by the prosecutor, but by the investigator. Moreover, if the resolution says to conduct a search in the bank’s vault premises, all the cells of all owners located in this premises can be opened.

To issue a search or seizure order, it is necessary to have a criminal case. However, a criminal case may not concern you at all, but your cell may be opened as part of investigative actions in the affairs of the bank or in the cases of other bank clients, and as shown below, even in cases that do not concern either the bank or its clients.

The expanses of the RuNet are filled with stories about the theft of the contents of cells by committed representatives of law enforcement agencies. We will not comment on the veracity of these stories. Let's give an example (the ruling of the Moscow City Court in case No. 33-23319 of 09/02/2010). A client of the bank, CB MK Bank LLC, appealed to the court. The client rented a safe deposit box at a bank. The bank's vault was located on the territory of the Cherkizovsky market. Investigator “D” of the Main Investigation Department of the Investigative Committee (GSU SK) issued a resolution (literal quote) “ on conducting a search in the premises occupied by a warehouse located in the territory of wholesale and retail trade"<...>"at the address:<...>, central line of the "AST" market, between the outlet<...>along the line"<...>"and point of sale<...>along the line"<...>". As can be understood from the materials of the court decision, the bank’s vault was unlucky enough to be located between the two indicated retail outlets; it was searched and all the cells in it were opened. After a search, about 150 thousand dollars disappeared from the cell of citizen “C,” according to him. Representatives of the Main Investigative Directorate of the Investigative Committee stated that the cell of citizen “Ch” was empty during the search. The court refused to compensate citizen “C”.

Knowing the possible consequences of the actions of law enforcement agencies, banks include clauses in locker rental agreements limiting their liability in the event that a violation of their obligations under the contract was caused by the actions of law enforcement agencies. In some agreements, the actions of law enforcement agencies are equated to force majeure.

We are left wondering why the legislation left the property of citizens stored in banks unprotected from the actions of law enforcement agencies. It is paradoxical that, according to the same Criminal Procedure Code, in order to seize things pledged or deposited in a pawnshop, a court decision is needed. It turns out that pawnshops are more effective at protecting our property, acquired through back-breaking labor, than banks.

Opening of the cell by the bank in the event of force majeure circumstances.

A typical lease agreement for a safe deposit box states that the bank can open the client's safe deposit box if force majeure circumstances arise in which the bank cannot fulfill its obligations under the agreement. The main obligation of the bank under a safe deposit box lease agreement is to ensure the safety of the client’s valuables and exclude the possibility of unauthorized persons having access to the client’s valuables. If your valuables are at risk as a result of natural disasters, the bank can open the safe deposit boxes and move your valuables to a safe place. In this case, the opening of a bank safe deposit box occurs in the general manner, i.e. with prior written notification to the client, the creation of a commission and the preparation of an inventory. There is a contradiction between the need for urgent action and the duration of the procedure for opening the cell. Unfortunately, the bank in this situation will be more interested in fulfilling formalities than in saving the client’s property, since this will protect itself from possible claims from the client. However, we note that a properly equipped storage facility should exclude the possibility of damage to the client’s valuables during a fire or other natural disasters.

Opening the locker when the client is storing prohibited items

According to the lease agreement for a safe deposit box, the bank reserves the right to open the client’s safe deposit box when placing items prohibited for storage under the terms of the agreement into the safe deposit box. It is prohibited to store explosive, toxic, radioactive and other items in lockers that threaten the health and property of other citizens, as well as items prohibited for civilian circulation: weapons, drugs, etc. The autopsy procedure remains the same, except that law enforcement officers may be involved in the autopsy.

As you can see, valuables placed in a safe deposit box are not completely inaccessible to unauthorized persons. There is a dilemma: either store valuables in an apartment, where thieves can get to them, or place valuables in a safe deposit box, where law enforcement agencies will have access to them. The solution to the dilemma may be to choose a large, reliable bank. Legal and security services of large banks are formed by experienced specialists. The task of these specialists is to monitor the legality of the actions of law enforcement agencies, to warn you if an autopsy is imminent, and to control the autopsy procedure itself. Our safe deposit box search tool will help you choose a reliable bank for renting a safe deposit box.


To open the cell and inventory its contents, a commission is created by order of the organization (RC). A notary and heirs are invited to participate in these actions. After 6 months in accordance with Art. 1162 of the Civil Code of the Russian Federation and based on the inventory data (or the response about the presence of a rented safe), the notary issues the heirs a certificate of inheritance, which is submitted to the Settlement Center.

· notify of the date, time and place of the upcoming inventory of the heirs, in appropriate cases - the guardianship authorities and other interested parties, warning them of the need to submit identification documents and confirmation of authority, · based on possible or suspected information about the property stored in the safe, invite to participate in the inventory of relevant specialists. When opening the safe and making an inventory, the presence of two witnesses is required, meeting the same requirements as witnesses when drawing up a will (clause 2 of Article 1124)

As I understand it, at the moment the heirs know about the composition of the inheritance only the existence of rights and obligations under the lease agreement. And we know that