Heirs’ Guide: Claiming Assets After the Loss of a Loved One

By Tax assistant

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Heirs' Guide: Claiming Assets After the Loss of a Loved One

The death of a family member is emotionally challenging. Navigating the administrative maze of transferring assets in India—from property to FDs—doesn’t have to add to the stress. This guide provides a clear, asset-by-asset checklist to help heirs claim what is rightfully theirs.

Bank Accounts and Fixed Deposits (FDs)

The process is fastest if nominations are in place.

ScenarioAction RequiredKey Documents
Nominee or Joint Holder ExistsApply directly to the bank.Death Certificate, KYC of the claimant, Claim Form.
Neither Nominee nor Joint Holder ExistsCourt intervention is necessary. The bank will only release funds upon presentation of the correct legal document.Succession Certificate or equivalent Court Order.

Pro-Tip: A Succession Certificate lets you collect the money. For managing and distributing the entire estate (including property), you may need Probate or a Letter of Administration.

Property Transfer (Mutation)

Transferring ownership in official records is called Mutation. This step is crucial before the property can be legally sold or transferred again.

  1. Submit Application: Apply to the local land or municipal authority.
  2. Gather Key Documents:
    • Original Title Deed
    • Death Certificate
    • KYC and Address Proof of all legal heirs.
    • Updated Property Tax Receipts (a common cause of rejection).
    • Proof of Inheritance.
  3. Multiple Heirs: If not all heirs are being added to the records, you must obtain a No Objection Certificate (NOC) from those consenting heirs for a smooth process.

Employees’ Provident Fund (EPF)

Nominees or legal heirs can claim all benefits—including the PF balance, pension, and insurance under the EDLI scheme.

  • Claim Method: File the claim through the UMANG app or directly at the EPF office.
  • Older Accounts: To prevent delays, locate all account details, especially the Universal Account Number (UAN) and keep detailed employment records, as pre-UAN accounts can be hard to track.

Mutual Funds

The process mirrors bank accounts, but requires more documentation if no nominee is named.

ScenarioAction RequiredKey Documents
Nominee ExistsSubmit a claim to the fund house for redemption or transfer.Claim Form, Death Certificate.
No Nominee ExistsHeirs must apply for transmission of units.Indemnity Bond, Individual Affidavits, and often a notarized copy of the Probate or Succession Certificate.

Bank Lockers

Accessing a locker requires the same core documents as bank accounts.

  • With a Will: The bank follows the court’s direction given to the Executor.
  • No Nominee/No Will: The bank will often require a Succession Certificate or Legal Heir Certificate, along with an Indemnity Bond and NOCs from other heirs.
  • Missing Keys: The bank will arrange to break open the locker in the presence of witnesses, record the contents, and release them to the rightful claimant.

Proactive Planning: The Easiest Way Forward

Experts unanimously agree: clear planning eliminates most future complications.

  • Make Nominations: Always nominate a beneficiary for every single asset (bank account, locker, FD, mutual fund, insurance).
  • Create an Asset Master List: Maintain a regularly updated spreadsheet of all assets—from bank accounts and investments to digital wallets and insurance policies. Include nomination details and keep this list in a known, secure location.
  • Formalise Estate Division: In the absence of a Will, heirs should enter a Mutual Settlement to clearly divide assets, preventing lengthy legal disputes down the road.

Do you need more information about the specific application process for the Succession Certificate or a Legal Heir Certificate?

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