How do I claim my father's bank account after his death?
Which documents the bank asks for depends almost entirely on two things: whether a nominee was registered, and how much is in the account. With a nominee it is a short form and a death certificate. Without one, it is an indemnity bond, an affidavit and no-objection letters from the other heirs — or, above the bank's internal limit, a succession certificate from a court.
If a nominee was registered
This is the quick route. The bank needs the death certificate, the nominee's KYC documents, and its own nominee claim form. Most banks settle within two to four weeks.
One thing families get wrong: receiving the money as nominee does not make it yours. The Supreme Court held in Shakti Yezdani v Jayanand Salgaonkar (2023) that a nominee holds the funds in trust for the legal heirs. If you have siblings or a surviving parent, record everyone's shares in an affidavit at the same time. It protects you, not them.
If there is no nominee and the balance is modest
Banks settle smaller balances without going near a court. You will typically need the death certificate, the bank's claim form for a deceased depositor, an affidavit of heirship, no-objection letters from every other legal heir, and an indemnity bond on stamp paper.
Under the RBI (Settlement of Claims in respect of Deceased Customers of Banks) Directions, 2025, every bank must fix a threshold below which it settles on this basis, and that threshold cannot be lower than ₹15 lakh at a scheduled bank or ₹5 lakh at a co-operative bank. Banks may set it higher, so the figure that applies to you is the one in your bank's own policy — but it cannot lawfully be below the floor. Banks had until 2026-03-31 to comply.
Those directions also stop a bank demanding third-party sureties for a claim under its threshold, which used to be a common obstacle — public sector banks routinely asked for two people of means to countersign the indemnity. If you are asked for sureties on a claim below the limit, ask the branch to point to the policy that requires it.
If there is no nominee and the balance is large
Above its threshold the bank can insist on a succession certificate under sections 370 to 390 of the Indian Succession Act. This is a civil court application, needs an advocate, and realistically takes six months to a year.
Some banks accept a legal heir certificate from the tahsildar instead, which is far quicker and costs a fraction as much. Always ask whether they will, in writing, before you start a court application you may not need.
One more thing worth knowing: the same directions require a bank to settle within 15 calendar days of receiving all the required documents. That clock starts when the file is complete, not when you first walked in — which is exactly why a complete first submission matters so much.
What slows people down
Almost every delay traces back to an incomplete first submission. The branch accepts the file, it travels to a regional processing centre, and three weeks later it comes back with one document missing.
Submit to every institution in parallel rather than one after another. Each runs its own process and there is nothing to gain by waiting.
Can the account simply be emptied instead?
No, and trying is the one move that turns an administrative problem into a legal one. Once the bank is told of the death the account is frozen, and using the late person's debit card, cheques or net banking afterwards is a withdrawal you were not authorised to make — recoverable from you by the other heirs, whatever your relationship to the deceased.
A joint account with a survivorship clause is the exception, and only for the surviving holder. Even then, what survivorship gives is the right to operate the account. It does not decide who ultimately owns the money, which is still a question for the succession law that applies to the family.
Common questions
- How can I claim my deceased parent's bank account?
- Start with the death certificate and the bank's own claim form for a deceased depositor. If a nominee was registered, the nominee claims on the death certificate and identity proof alone. If not, the heirs add an affidavit of heirship, no-objection letters from the heirs who are not claiming, and an indemnity bond. Submit to every institution in parallel.
- Can I withdraw money from a deceased person's bank account?
- No. The account is frozen once the bank knows of the death, and using the card, cheques or net banking afterwards is an unauthorised withdrawal the other heirs can recover from you. The only lawful route is the bank's claim process. A surviving joint holder with a survivorship clause can operate the account, but that does not settle who owns the money.
- Who can withdraw money from a deceased person's account?
- The registered nominee, a surviving joint holder where the account has a survivorship clause, or the legal heirs once the bank settles the claim. A nominee who receives the money is a trustee, not the owner: the Supreme Court held in Shakti Yezdani v Jayanand Salgaonkar (2023) that the money still belongs to whoever the succession law says the heirs are.
- How long can a deceased person's bank account remain open?
- There is no deadline by which a family loses the money. An account with no customer-led transaction becomes inoperative, and a balance left unclaimed for ten years is transferred to the RBI's Depositor Education and Awareness Fund. The claim survives that transfer and can still be traced and made, through the RBI's UDGAM portal.
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Last reviewed 2026-08-22. This is general information, not legal advice. Institution requirements change — confirm before you file.