Civil Code, N 146-FZ | Art. 1174 of the Civil Code of the Russian Federation

Article 1174 of the Civil Code of the Russian Federation. Reimbursement of expenses caused by the death of the testator, and expenses for the protection and management of the inheritance ( current edition)

1. Necessary expenses caused by the dying illness of the testator, the costs of his worthy funeral, including the necessary expenses for paying for the place of burial of the testator, the costs of protecting the inheritance and managing it, as well as the costs associated with the execution of the will, are reimbursed from the inheritance within its value .

2. Claims for reimbursement of expenses specified in paragraph 1 of this article may be presented to the heirs who have accepted the inheritance, and before the acceptance of the inheritance - to the executor of the will or to the estate property.

Such expenses shall be compensated before the payment of debts to the creditors of the testator and within the limits of the value of the inherited property transferred to each of the heirs. In this case, first of all, expenses caused by the illness and funeral of the testator are reimbursed, secondly - expenses for the protection of the inheritance and management of it, and thirdly - expenses related to the execution of the will.

3. For the implementation of expenses for a worthy funeral of the testator, any funds belonging to him, including those in deposits or bank accounts, may be used.

Banks in whose deposits or accounts the testator's funds are located are obliged, by a notary's decision, to provide them to the person indicated in the notary's decision to pay the specified expenses.

An heir to whom the funds deposited or held in any other accounts of the testator in banks are bequeathed, including in the case when they were bequeathed by way of testamentary disposition in a bank (Article 1128), has the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral.

The amount of funds issued on the basis of this paragraph by the bank for the funeral of the heir or the person indicated in the notary's resolution may not exceed one hundred thousand rubles.

The rules of this paragraph shall accordingly apply to other credit institutions that have been granted the right to attract funds from citizens to deposits or to other accounts.

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Commentary on Art. 1174 of the Civil Code of the Russian Federation

1. The inheritance is burdened not only with the testator's debts to his creditors (Article 1175 of the Civil Code), but also with debts to pay a number of expenses incurred in connection with his death. Article 1174 provides for the possibility and procedure for reimbursement at the expense of the inheritance of four types of necessary expenses associated with the death of the testator.

The definition of "necessary" in relation to expenses limits the amount of compensation and applies to all expenses compensated on the basis of Art. 1174. In paragraph 1 of this article this definition repeated twice: at the very beginning of the list of expenses as their general characteristics and especially - in relation to the payment of the burial place. In addition, Art. 1136 of the Civil Code, one of the varieties of the indicated costs, namely, the costs to be reimbursed from the inheritance, associated with the execution of the will, are also called necessary. Unlimited reimbursement of expenses could in a number of cases “eat up” even a significant inheritance without a trace, leaving the claims of the testator's creditors unsatisfied and depriving the heirs of the inheritance.

The law does not contain the criteria by which it is established whether the expenses were necessary or excessive. Apparently, when evaluating expenses from this point of view, it is necessary to take into account specific circumstances: the level of prices for relevant goods and services in a given area, their availability and choice, local and national customs, the will of the testator on relevant issues, etc.

2. First of all, in paragraph 1 of Art. 1174 indicates the necessary expenses caused by the dying illness of the testator. They include the necessary expenses for his treatment (stay in inpatient medical institutions, consultations with doctors, other medical care, medicines, sanatorium and resort vouchers, travel to and from the place of treatment, etc.), improved nutrition and care for him in connection with illness leading to death.

The condition for compensation is the existence of a causal relationship between the death of the testator and the illness that required expenses. In the event of a dispute on this matter, the court may appoint a forensic medical examination (Article 79 of the Code of Civil Procedure).

3. The next type of expenses compensated at the expense of the inheritance are the necessary expenses for a worthy funeral of the testator. These expenses include the costs of paperwork required for burial, transportation of the deceased to the morgue, mortuary services, payment and delivery of the coffin and other items necessary for burial, transportation of the body (remains) of the deceased to the burial place (crematorium), burial of the body (remains ) the deceased in accordance with the customs and traditions (including cremation), the cost of paying for the burial place, the manufacture and installation of a tombstone.

Reimbursement at the expense of the inheritance of expenses for other ritual customs (funeral service, memorial prayer, commemoration, etc.) is also acceptable. Judicial practice on reimbursement of the necessary expenses for a commemoration exists in cases of reimbursement on the basis of Art. 1094 of the Civil Code of the expenses for the burial of the victim by persons responsible for the harm caused by his death. When resolving cases of this category, the courts are guided by the principle of reasonableness.

4. Based on Art. 6 federal law dated January 12, 1996 N 8-FZ "On burial and funeral business" the citizen who carried out the burial of the deceased at his own expense is paid social benefit for burial, if the appeal was followed no later than six months from the date of death. The amount of this benefit cannot currently exceed 4 thousand rubles, and in areas and localities where district coefficient To wages, the amount of the allowance is determined using the regional coefficient (Article 10 of the named Federal Law). In the death certificate of the testator, a note is made on the payment of a funeral benefit. In cases of burial certain categories pensioners are paid a funeral allowance in the amount of a three-month pension or a share of the pension (clause 21 of the Decree of the Council of Ministers - the Government of the Russian Federation of September 22, 1993 N 941 "On the procedure for calculating length of service, assigning and paying pensions, compensations and benefits to persons who have undergone military service as officers, warrant officers, midshipmen and long-term servicemen or under contract as soldiers, sailors, sergeants and foremen, or service in the internal affairs bodies, the State Fire Service, institutions and bodies of the penitentiary system and their families in Russian Federation").

The question arises: should the expenses for a worthy funeral of the testator be reimbursed at the expense of the inheritance, minus the amount of the received burial allowance or without it? When answering it, we compare the provisions of Art. 1174 with the provisions of art. 1094 of the Civil Code, dedicated to the reimbursement of expenses for burial by persons responsible for the harm caused by the death of the victim. If in Art. 1094 of the Civil Code expressly states that the burial allowance is not counted towards compensation for harm, then Art. 1174 in relation to the reimbursement of expenses for the funeral of the testator at the expense of the inheritance, there is no similar provision. Apparently, the amount of compensation for funeral expenses in the manner prescribed by the commented article must be reduced by the amount of the funeral allowance, if it was received by the person who incurred these expenses. 1174 of the Civil Code of the Russian Federation), which are reimbursed before the payment of debts to creditors testator (paragraph 2 of the named article). So, a car brand SKODA FABIA, 2007 release ...

Decision of the Supreme Court: Sentence No. 49-APU16-5, Judicial Collegium for Criminal Cases, appeal

To the children of the deceased, as indicated by the victim O, they themselves have the right to apply with the relevant requirements to the convicted in civil proceedings. About funeral expenses incurred in the amount of 94,962 rubles. 50 k., which, in accordance with Art. 1094, 1174 of the Civil Code of the Russian Federation, as well as the costs of paying for the services of a representative in the amount of 91,000 rubles, which are subject to 12 recovery from convicts jointly and severally ...

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1. Necessary expenses caused by the dying illness of the testator, the costs of his worthy funeral, including the necessary expenses for paying for the place of burial of the testator, the costs of protecting the inheritance and managing it, as well as the costs associated with the execution of the will, are reimbursed from the inheritance within its value .

2. Claims for reimbursement of expenses specified in paragraph 1 of this article may be presented to the heirs who have accepted the inheritance, and before the acceptance of the inheritance - to the executor of the will or to the estate property.

Such expenses shall be compensated before the payment of debts to the creditors of the testator and within the limits of the value of the inherited property transferred to each of the heirs. In this case, first of all, expenses caused by the illness and funeral of the testator are reimbursed, secondly - expenses for the protection of the inheritance and management of it, and thirdly - expenses related to the execution of the will.

3. For the implementation of expenses for a worthy funeral of the testator, any funds belonging to him, including those in deposits or bank accounts, may be used.

Banks in whose deposits or accounts the testator's funds are located are obliged, by a notary's decision, to provide them to the person indicated in the notary's decision to pay the specified expenses.

The heir to whom the funds deposited or held on any other accounts of the testator in banks, including in the case when they were bequeathed by testamentary disposition in the bank (), are bequeathed, have the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator, the funds necessary for his funeral.

The amount of funds issued on the basis of this paragraph by the bank for the funeral of the heir or the person indicated in the notary's resolution may not exceed one hundred thousand rubles.

The rules of this paragraph shall accordingly apply to other credit institutions that have been granted the right to attract funds from citizens to deposits or to other accounts.

Commentary on Article 1174 of the Civil Code of the Russian Federation

1. The debts incurred in connection with the death of the testator include expenses caused by the dying illness of the testator, expenses associated with the costs of his worthy funeral, including the necessary expenses for paying for the place of burial of the testator, expenses for the maintenance of citizens who were dependent on the testator. The costs associated with the inheritance procedure itself, for example, property valuation (appraiser's remuneration), protection and management of the property remaining after it (see comments to Articles 1171 - 1173 of the Civil Code), sending notifications (postage) and publication in the mass media information, are also repaid at the expense of the inheritance and within its value.

2. According to paragraph 2 of the comment. Art. expenses related to the burial of the testator may be reimbursed both after the acceptance by the heirs of the inheritance, and before that. In the first case, claims are made to the heirs who have accepted the inheritance, in the second - to the executor of the will or to the inheritance property. This provision of the law means that the debts arising in connection with the burial of the testator and the management of the inheritance relate to the estate itself, i.e. burden not the heirs, but the property itself (Blinkov O.E. Responsibility of heirs for the debts of the testator (practical considerations) // Notary. 2004. N 1).

3. Expenses for a worthy funeral of the testator may be made by the heirs both at the expense of own funds(with subsequent reimbursement), and at the expense of Money testator. However, if there are none in the estate, the notary may order the reimbursement of expenses through the sale of other property.

To confirm the expenses, the notary will demand the invoices of stores, certificates from medical institutions, acts of the commission for organizing the funeral and other documents.

According to paragraph 13 of Decree of the Government of the Russian Federation of May 27, 2002 N 351 "On approval of the Rules for making testamentary dispositions with rights to funds in banks" (RG. 2002. May 31), in the event of the death of the testator, the notary sends a request to the bank (with an attached certified copies of the death certificate of the testator) with a request to confirm the fact of certification of a specific testamentary disposition by a bank employee and the fact of its cancellation or change.

Deposits that were bequeathed by an appropriate order to the bank, drawn up before March 1, 2002, should not be included in the estate (Federal Law of November 11, 2003 N 145-FZ "On Amending the Federal Law" On the Enactment of Part Third Civil Code of the Russian Federation" // SZ RF. 2003. N 46 (part I). Art. 444). Therefore, the funds on such deposits cannot be used to pay expenses in accordance with Article 1174 of the Civil Code. Such a contribution must be paid to the citizen specified in the order, upon the provision by the depositor of the death certificate of the depositor.

The payment of funds from the accounts of deceased testators who issued a testamentary order after March 1, 2002, is made on the basis of a notary's decision on reimbursement of expenses caused by the death of the testator (clause 14 of Decree of the Government of the Russian Federation of May 27, 2002 N 351; see also item 3 of article 1128 of the Civil Code).

According to Art. 69 of the Fundamentals of Legislation on Notaries, the costs of publishing in the media a message about the summoning of heirs are also reimbursed from the estate. According to the logic of the law, these costs are equated to the costs of protecting the inheritance.

Until the inheritance is accepted by the heirs, and if it is not accepted, then until the issuance of a certificate of the right to inheritance to the state, i.e. when a claim for reimbursement of expenses is made against the estate, the payment of expenses at the expense of the estate is made in a simplified manner - by order of a notary without providing documents confirming the expenses.

The amount of funds issued for the funeral of the heir or the person indicated in the notary's decision cannot exceed 40 thousand rubles. (until July 14, 2008, there was a limit of 200 minimum wages).

1. Necessary expenses caused by the dying illness of the testator, the costs of his worthy funeral, including the necessary expenses for paying for the place of burial of the testator, the costs of protecting the inheritance and managing it, as well as the costs associated with the execution of the will, are reimbursed from the inheritance within its value . 2. Claims for reimbursement of expenses specified in paragraph 1 of this article may be presented to the heirs who have accepted the inheritance, and before the acceptance of the inheritance - to the executor of the will or to the estate property. Such expenses shall be compensated before the payment of debts to the creditors of the testator and within the limits of the value of the inherited property transferred to each of the heirs. In this case, first of all, expenses caused by the illness and funeral of the testator are reimbursed, secondly - expenses for the protection of the inheritance and management of it, and thirdly - expenses related to the execution of the will. 3. For the implementation of expenses for a decent funeral of the testator, any funds belonging to him, including those in deposits or bank accounts, may be used. Banks in whose deposits or accounts the testator's funds are located are obliged, by a notary's decision, to provide them to the person indicated in the notary's decision to pay the specified expenses. The heir to whom the funds deposited or held on any other accounts of the testator in banks, including the case when they were bequeathed by testamentary disposition in a bank (Article 1128), are bequeathed, have the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral. The amount of funds issued on the basis of this paragraph by the bank for the funeral of the heir or the person indicated in the notary's resolution may not exceed forty thousand rubles. The rules of this paragraph shall accordingly apply to other credit institutions that have been granted the right to attract funds from citizens to deposits or to other accounts.

Legal advice under Art. 1174 of the Civil Code of the Russian Federation

Ivan Shirshikov

Grandfather died. He has an account in the Savings Bank, a will is written there. Why can I withdraw only 40,000 rubles for a funeral?

• Lawyer's response:

  You are confusing two completely different concepts: 1- reimbursement for a decent funeral ( maximum amount payments of 40 thousand rubles when proving such expenses - checks, receipts .... A decision on reimbursement of expenses for a funeral is issued by a notary of St. Petersburg BEFORE the establishment of an inheritance case, the period for accepting an inheritance does not apply to these amounts (Article 1174 of the Civil Code of the Russian Federation. : p. 3. For expenses on worthy the funeral of the testator, any funds belonging to him can be used, including in deposits or on bank accounts.Banks, in deposits or on the accounts of which the testator's funds are located, are obliged, by a notary's decision, to provide them to the person specified in the notary's decision, for payment the amount of funds issued on the basis of this paragraph by the bank for the funeral of the heir or the person specified in the notary's decision may not exceed forty thousand rubles.) 2- inheritance mass - a certificate of the right to inheritance for deposits is issued at any time, but six months from the date of death. IMPORTANT: depending on the order of inheritance, the period for issuing a certificate of the right to inheritance may be extended (Article 1154 of the Civil Code of the Russian Federation)

Ivan Filisov

Hello. My brother died. A pension was accrued on his savings account. Should Sberbank pay compensation? Disability pension. I heard that there is a certain decree that Sberbank must pay compensation for funeral services. What is this ruling? And what conditions must be met in order to receive this compensation? Thank you

• Lawyer's response:

  Anastasia, you are confusing 2 things: 1) compensation for the cost of paying for ritual services. 3) incurring expenses, including for burial, from the estate before the expiration of 6 months from the date of opening of the inheritance. Sberbank does not pay for ritual services. They are paid by the state. If you want to pay for the funeral at the expense of a deposit in Sberbank, you need to contact a notary. He will issue an order, with this decision - to Sberbank. Civil Code of the Russian Federation Article 1174. Reimbursement of expenses caused by the death of the testator, and expenses for the protection of the inheritance and management of it the necessary expenses for paying for the place of burial of the testator, the expenses for the protection of the inheritance and its administration, as well as the expenses associated with the execution of the will, shall be reimbursed from the inheritance within the limits of its value. Claims for reimbursement of the expenses specified in paragraph 1 of this article may be presented to the heirs who have accepted the inheritance, and before the acceptance of the inheritance - to the executor of the will or to the estate property. heirs of the estate. In this case, first of all, expenses caused by the illness and funeral of the testator are compensated, secondly - expenses for the protection of the inheritance and management of it, and thirdly - expenses related to the execution of the will. To cover the expenses for a decent funeral of the testator, any funds belonging to him can be used, including in deposits or on bank accounts. decision of a notary, to pay the specified expenses. The heir, to whom the funds deposited or held on any other accounts of the testator in banks, including in the case when they were bequeathed by testamentary disposition in a bank (Article 1128), are bequeathed, have the right at any the time before the expiration of six months from the date of opening of the inheritance, to receive from the deposit or from the account of the testator the funds necessary for his funeral. minimum dimensions wages established by law on the day of applying for these funds. The rules of this paragraph shall accordingly apply to other credit institutions that have been granted the right to attract citizens' funds to deposits or to other accounts. Federal Law of January 12, 1996 N 8-FZ " On burial and funeral business "Article 10. Social allowance for burial 1. In the event that the burial was carried out at the expense of the spouse, close relatives, other relatives, the legal representative of the deceased or another person who assumed the obligation to carry out the burial of the deceased, they are paid a social allowance for burial in an amount equal to the cost of services provided according to the guaranteed list of services for the burial specified in paragraph 1 of Article 9 of this Federal Law, but not exceeding 1,000 rubles. In areas and localities where a regional coefficient for wages is established, this limit is determined using the regional coefficient.2. The payment of social benefits for burial is made on the day of application on the basis of a death certificate: by the body in which the deceased received a pension; by the organization in which the deceased worked or one of the parents or another family member of the deceased minor works; by the body social protection of the population at the place of residence in cases where the deceased did not work and was not a pensioner, as well as in the case of the birth of a dead child after

Dmitry Lavruk

The husband died, he had a bank account where the salary was transferred. How to get this money.

• if there is a power of attorney gene, then you can withdraw the money, but only when you complete the inheritance case in six months.

Roman Tsemnolutsky

articles on the situation. The heir demands unsubscribed money spent on the funeral.

• Lawyer's response:

  "Civil Code of the Russian Federation (Part Three)" dated November 26, 2001 N 146-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on November 1, 2001) (as amended on June 30, 2008) Article 1174. Reimbursement of expenses caused by the death of the testator, and expenses for the protection of the inheritance 1. Necessary expenses caused by the dying illness of the testator, expenses for his worthy funeral, including the necessary expenses for paying for the place of burial of the testator, expenses for the protection of the inheritance and management of it, as well as expenses related to the execution of the will, shall be reimbursed at the expense of the inheritance in within its value. 2. Claims for reimbursement of expenses specified in paragraph 1 of this article may be presented to the heirs who have accepted the inheritance, and before the acceptance of the inheritance - to the executor of the will or to the estate property. Such expenses shall be compensated before the payment of debts to the creditors of the testator and within the limits of the value of the inherited property transferred to each of the heirs. In this case, first of all, expenses caused by the illness and funeral of the testator are reimbursed, secondly - expenses for the protection of the inheritance and management of it, and thirdly - expenses related to the execution of the will. 3. For the implementation of expenses for a decent funeral of the testator, any funds belonging to him, including those in deposits or bank accounts, may be used. Banks in whose deposits or accounts the testator's funds are located are obliged, by a notary's decision, to provide them to the person indicated in the notary's decision to pay the specified expenses. The heir to whom the funds deposited or held on any other accounts of the testator in banks, including the case when they were bequeathed by testamentary disposition in a bank (Article 1128), are bequeathed, have the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral. The amount of funds issued on the basis of this paragraph by the bank for the funeral of the heir or the person indicated in the notary's resolution may not exceed forty thousand rubles. (As amended by Federal Laws No. 156-FZ of 02.12.2004, No. 105-FZ of 30.06.2008) The rules of this paragraph shall apply accordingly to other credit institutions that have been granted the right to attract citizens' funds to deposits or other accounts.

Evgeniya Ershova

Inheritance question.. Should the heirs bear proportional expenses for the funeral of the deceased, medical treatment, etc., if only one of them bears the expenses?

• Lawyer's response:

• Galina Mironova

  Who knows why Article 1174 of the Civil Code of the Russian Federation was canceled - notaries refuse to give an order to receive money before the expiration

  • Lawyer's response:

    Nobody canceled Article 1174 of the Civil Code of the Russian Federation. Notaries issue Decrees on payment for the funeral. To do this, you must provide: the expenses incurred are the testator's savings books. You submit an application to the notary for the issuance of the Decree on payment for the funeral, the notary opens the inheritance case, and you receive the necessary documents. Good luck!

Karina Tarasova

Please, Help solve the problem of the notary in Moscow .. After the death of Lobacheva, it turned out that there are 2 wills. One will for all property was drawn up in favor of the daughter of the deceased - Olga on February 01, 2002. The other was drawn up on March 15, 2002 at cash deposit in a savings bank in favor of Svetlana's daughter. after the death of her mother, Svetlana withdrew from the account in Sberbank of the Russian Federation all the money bequeathed to her by her mother for the funeral. Olga, believing that earlier than 6 months from the date of the opening of the inheritance, Svetlana, who, moreover, did not receive a certificate of the right to inheritance, did not have the right to do so, went to court. During the consideration of the case in court, it turned out that the deceased owed her neighbor 15,000 rubles, and she asked the court to recover this amount from both sisters. In addition, the brother of Olga and Svetlana Mikhail, who had the right to compulsory share in inheritance, also applied to the court with a statement and asked to allocate to him, at the expense of both sisters, the obligatory share due by law. Svetlana stated that all the demands made on her were unfounded. Therefore, she did everything right and neither her brother nor her neighbor owed anything. Is Svetlana's position correct?

• who by will. . he has the right, but the brother is not in business at all ...

Ekaterina Markova

Is it possible to receive through the court reimbursement of expenses for funerals and things after the death of the deceased? In addition, the heirs entered into the inheritance according to the law ... 1. There was no will for the things of the deceased, including material ones. What are the chances?

• Only a good lawyer can tell you this. Don't be sorry a small amount go to a law office.

Sergey Bondar

Grandfather died ..... I have two of his passbooks in my hands, can I withdraw money from them for his funeral and what needs to be done for this?

• Lawyer's response:

  According to paragraph 3 of Art. 1174 of the Civil Code of the Russian Federation, any funds belonging to him, including those in deposits or bank accounts, can be used to cover the costs of a worthy funeral of the testator. , specified in the notary's decision, to pay the specified expenses. The heir, who is bequeathed the funds deposited or held in any other accounts of the testator in banks, including when they are bequeathed by testamentary disposition in a bank (Article 1128), has the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral. thousand rubles.

Ilya Yakushkin

DOES A GENERAL POWER OF ATTORNEY WORK AFTER THE DEATH OF A PERSON?

• Lawyer's response:

  According to sub. 6 p. 1 art. 188 of the Civil Code of the Russian Federation, the validity of a power of attorney in full is terminated by the death of the citizen who issued it. The performance by a trustee of any actions on behalf of the principal after his death under this power of attorney (especially if the trustee knows about the death of the principal) is in any case illegal. In order to avoid misunderstandings, it would be better to use paragraph 3 of Art. 1174 of the Civil Code of the Russian Federation: "3. For the implementation of expenses for a worthy funeral of the testator, any funds belonging to him can be used, including in deposits or on bank accounts. Banks, in deposits or on whose accounts the testator's funds are, are obliged by decree the notary to provide them to the person specified in the notary's decision to pay the specified expenses. Article 1128), has the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral. cannot exceed forty thousand rubles. The rules of this paragraph correspond are directly applied to other credit institutions that have been granted the right to attract citizens' funds to deposits or to other accounts. "However, given the long New Year holidays, there may be objective difficulties in obtaining the above-mentioned notary's decision. It must be borne in mind that only a notary can issue an appropriate decision.

Pavel Bobov

Question on inheritance and Sberbank. I was told that when bequeathing a deposit in a bank, the heir would receive only 30 thousand rubles. , the rest will go to the state. They say there is some kind of internal instruction not to pay more than this amount. Is it so? Are there any legal documents about this question?

• Lawyer's response:

  you are confusing the money that can be withdrawn for a funeral, which can be received on a deposit before the expiration of the 6th term. The amount of funds issued on the basis of Art. 1174 of the Civil Code of the Russian Federation by a bank for the funeral of an heir or a person specified in the notary's decision, cannot exceed one hundred minimum wages established by law on the day of applying for these funds. A testamentary heir does not need to obtain a notary's order to withdraw money from a deposit for a funeral. It is enough for the heir under the will to confirm the fact of the death of the testator (certificate of death) and the existence of a will in his favor in relation to the rights to the funds of the deceased in a deposit or in another account with a credit institution, by presenting to it an original will or its duplicate. The remaining amount on the deposit will be issued if there is a certificate of the right to inheritance (within 6 months after the death of the testator)

Georgy Levontin

What organizations can help if there is no money for the funeral of a relative and money from his book can only be withdrawn through. six months?

• Now everything can be done on credit, even funeral services go for it, check with them about it

• • Lawyer's response:

    something like this From two hundred minimum wages (20 thousand rubles) to forty thousand rubles, the maximum amount of funds issued by the bank to the heir from the deposit or from the account of the testator for a worthy funeral of the testator has been increased. The specified funds are issued by the bank before the expiration of six months from the date opening of the inheritance to the heir or the person specified in the decision of the notary of the CAO. The funds received must be used to pay for the funeral of the testator.

Antonina Mironova

Who should pay for an apartment if the inheritance is not established and a person lives who is not able to pay for it?

• Lawyer's response:

  What are you thinking about? Establish an inheritance according to the law through the court! To start: 1 Children, spouse and parents 2 Full and half siblings, grandparents on both paternal and maternal sides 3 Uncles and aunts (i.e. full and half siblings of parents) 4 Great grandparents 5 Cousins: grandparents, grandchildren and granddaughters (i.e., children of the testator’s nephews and nieces and siblings of his grandparents)6 Cousins: great-grandchildren and great-granddaughters, nephews and nieces, uncles and aunts7 stepmother 8 Disabled persons who for at least a year before the death of the testator were dependent on him and lived together with him (in the absence of other heirs). If there are other heirs by law, these citizens inherit, together with the heirs, of the line that is called for inheritance. From these lines of heirs, determine who you are in the line of inheritance! If your turn is higher, then the apartment is yours and you must pay and evict that ghoul who lives there! (except for special cases, but all such cases, through the court!) If the order of your inheritance is lower, then you can go to court with a lawsuit to fix your house until the fucking heirs-non-payers fuck it! but on the condition that you pay for it regularly komunalka! with an awesome lawyer, and fucking luck!

Alexandra Alekseeva

What is needed in order to withdraw a pension from my father's passbook? He passed away on January 19th. Please tell me exactly what and how!

• Lawyer's response:

  Civil Code, article 1174 To cover the costs of a decent funeral of the testator, any funds belonging to him can be used, including in deposits or bank accounts. to the person specified in the notary's decision to pay the specified expenses. The heir to whom the funds deposited or held in any other accounts of the testator in banks, including when they were bequeathed by testamentary disposition in a bank (Article 1128) , has the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral. forty thousand rubles. So - without waiting six months term!! ! - to the notary conducting the inheritance case, call the account number and bank branch. He knows what to do.

Natalia Belousova

Legal action. After declaring the inheritance rights to the apartment, my sisters, who did not take any part in the care and maintenance of my grandmother with cancer, but now they sharply felt like heirs, the lawyer advised us to sue them for the recovery of mothers. money for the last 3 years that we spent on care, caregivers, medicines, food for my granny. Has anyone experienced this situation?

• Lawyer's response:

  According to Art. 1174 of the Civil Code, you can demand from the heirs to reimburse the expenses caused by the dying illness of the testator, the expenses for his decent funeral, etc. These expenses are reimbursed at the expense of the inheritance. so your lawyer is absolutely right. The only difficulty is that you will need to prove those circumstances, but which you refer to.

Nadezhda Zhuravleva

The question of money, by inheritance (inside) ..... Tell me, please, they say that the inheritance takes place 6 months after the death of the testator. But that the testator's money can be used for his funeral (before this period) ...It's true?

• You can use the testator's money in deposits. This amount cannot exceed 100 minimum wages established by law on the day of applying for these funds.

Ekaterina Borisova

Who pays for the burial. My grandmother died. I live abroad, and I am the only heir by law. Having learned about I live abroad, and I am the only heir by law. Having learned about the death, I urgently arrived in Moscow and buried her. a woman familiar to our family. She entered into property rights. Is it possible to claim burial costs from her. They were not small. If you go to court for this, is it really possible to settle this issue in my favor Thank you

• Lawyer's response:

  Necessary expenses caused by the dying illness of the testator, expenses for his dignified funeral, including the necessary expenses for paying for the place of burial of the testator, expenses for the protection of the inheritance and management of it, as well as expenses related to the execution of the will, are reimbursed from the inheritance to the extent of its value. Claims for reimbursement of expenses specified in paragraph 1 of this article may be presented to the heirs who have accepted the inheritance, and before the acceptance of the inheritance - to the executor of the will or to the estate property. Such expenses shall be compensated before the payment of debts to the creditors of the testator and within the limits of the value of the inherited property transferred to each of the heirs. In this case, first of all, expenses caused by the illness and funeral of the testator are reimbursed, secondly - expenses for the protection of the inheritance and management of it, and thirdly - expenses related to the execution of the will. For the implementation of expenses for a worthy funeral of the testator, any funds belonging to him, including those in deposits or bank accounts, can be used. Banks in whose deposits or accounts the testator's funds are located are obliged, by a notary's decision, to provide them to the person indicated in the notary's decision to pay the specified expenses. The heir to whom the funds deposited or held on any other accounts of the testator in banks, including the case when they were bequeathed by testamentary disposition in a bank (Article 1128), are bequeathed, have the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral. The amount of funds issued on the basis of this paragraph by the bank for the funeral of the heir or the person indicated in the notary's decision may not exceed two hundred minimum wages established by law on the day of applying for these funds. The rules of this paragraph shall accordingly apply to other credit institutions that have been granted the right to attract funds from citizens to deposits or to other accounts (Article 1174 of the Civil Code of the Russian Federation).

Ivan Kinzhalov

Need help. My friend’s mother took out a loan for her treatment 4 years ago, she passed away three years ago without paying the loan to the end. A disabled friend of the 2nd group collected all the documents about her mother’s death and gave it to the Bank this year, she was forced to pay the rest of the loan. Is this correct please help.

• Lawyer's response:

  If your girlfriend is the heir of her mother, then she is liable for the debts of the testator within the value of the inherited property that has passed to her. (1175 CC), Similar rules for reimbursement of expenses caused by the death of the testator. Necessary expenses caused by the dying illness of the testator, expenses for his dignified funeral, including the necessary expenses for paying for the place of burial of the testator, expenses for the protection of the inheritance and management of it, as well as expenses related to the execution of the will, are reimbursed from the inheritance to the extent of its value. So it is necessary to look a) whether she is the heir b) whether the value of the property is sufficient. If all conditions are met, then the bank is right. And if not, then no.

1. Necessary expenses caused by the dying illness of the testator, the costs of his worthy funeral, including the necessary expenses for paying for the place of burial of the testator, the costs of protecting the inheritance and managing it, as well as the costs associated with the execution of the will, are reimbursed from the inheritance within its value .

2. Claims for reimbursement of expenses specified in paragraph 1 of this article may be presented to the heirs who have accepted the inheritance, and before the acceptance of the inheritance - to the executor of the will or to the estate property.

Such expenses shall be compensated before the payment of debts to the creditors of the testator and within the limits of the value of the inherited property transferred to each of the heirs. In this case, first of all, expenses caused by the illness and funeral of the testator are reimbursed, secondly - expenses for the protection of the inheritance and management of it, and thirdly - expenses related to the execution of the will.

3. For the implementation of expenses for a worthy funeral of the testator, any funds belonging to him, including those in deposits or bank accounts, may be used.

Banks in whose deposits or accounts the testator's funds are located are obliged, by a notary's decision, to provide them to the person indicated in the notary's decision to pay the specified expenses.

The heir to whom the funds deposited or held on any other accounts of the testator in banks, including the case when they were bequeathed by testamentary disposition in a bank (Article 1128), are bequeathed, have the right at any time before the expiration of six months from the date of opening of the inheritance to receive from the deposit or from the account of the testator the funds necessary for his funeral.

The amount of funds issued on the basis of this paragraph by the bank for the funeral of the heir or the person indicated in the notary's resolution may not exceed one hundred thousand rubles.

The rules of this paragraph shall accordingly apply to other credit institutions that have been granted the right to attract funds from citizens to deposits or to other accounts.

Commentary on Art. 1174 of the Civil Code of the Russian Federation

1. The debts incurred in connection with the death of the testator include expenses caused by the dying illness of the testator, expenses associated with the costs of his worthy funeral, including the necessary expenses for paying for the place of burial of the testator, expenses for the maintenance of citizens who were dependent on the testator. The costs associated with the inheritance procedure itself, for example, property valuation (appraiser's remuneration), protection and management of the property remaining after it (see comments to Articles 1171 - 1173 of the Civil Code), sending notifications (postage) and publication in the mass media information, are also repaid at the expense of the inheritance and within its value.

2. According to paragraph 2 of the comment. Art. expenses related to the burial of the testator may be reimbursed both after the acceptance by the heirs of the inheritance, and before that. In the first case, claims are made to the heirs who have accepted the inheritance, in the second - to the executor of the will or to the inheritance property. This provision of the law means that the debts arising in connection with the burial of the testator and the management of the inheritance relate to the estate itself, i.e. burden not the heirs, but the property itself (Blinkov O.E. Responsibility of heirs for the debts of the testator (practical considerations) // Notary. 2004. N 1).

3. Expenses for a worthy funeral of the testator may be made by the heirs both at their own expense (with subsequent reimbursement) and at the expense of the testator's funds. However, if there are none in the estate, the notary may order the reimbursement of expenses through the sale of other property.

To confirm the expenses, the notary will demand the invoices of stores, certificates from medical institutions, acts of the commission for organizing the funeral and other documents.

According to paragraph 13 of Decree of the Government of the Russian Federation of May 27, 2002 N 351 "On approval of the Rules for making testamentary dispositions with rights to funds in banks" (RG. 2002. May 31), in the event of the death of the testator, the notary sends a request to the bank (with an attached certified copies of the death certificate of the testator) with a request to confirm the fact of certification of a specific testamentary disposition by a bank employee and the fact of its cancellation or change.

Deposits that were bequeathed by an appropriate order to the bank, drawn up before March 1, 2002, should not be included in the estate (Federal Law of November 11, 2003 N 145-FZ "On Amending the Federal Law" On the Enactment of Part Third Civil Code of the Russian Federation" // SZ RF. 2003. N 46 (part I). Art. 444). Therefore, the funds on such deposits cannot be used to pay expenses in accordance with Article 1174 of the Civil Code. Such a contribution must be paid to the citizen specified in the order, upon the provision by the depositor of the death certificate of the depositor.

The payment of funds from the accounts of deceased testators who issued a testamentary order after March 1, 2002, is made on the basis of a notary's decision on reimbursement of expenses caused by the death of the testator (clause 14 of Decree of the Government of the Russian Federation of May 27, 2002 N 351; see also item 3 of article 1128 of the Civil Code).

According to Art. 69 of the Fundamentals of Legislation on Notaries, the costs of publishing in the media a message about the summoning of heirs are also reimbursed from the estate. According to the logic of the law, these costs are equated to the costs of protecting the inheritance.

Until the inheritance is accepted by the heirs, and if it is not accepted, then until the issuance of a certificate of the right to inheritance to the state, i.e. when a claim for reimbursement of expenses is made against the estate, the payment of expenses at the expense of the estate is made in a simplified manner - by order of a notary without providing documents confirming the expenses.

The amount of funds issued for the funeral of the heir or the person indicated in the notary's decision cannot exceed 40 thousand rubles. (until July 14, 2008, there was a limit of 200 minimum wages).

Judicial practice under Article 1174 of the Civil Code of the Russian Federation

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of June 19, 2018 N 5-KG18-136

As explained by the Plenum of the Supreme Court of the Russian Federation in paragraph 36 of the resolution of May 29, 2012 N "On Judicial Practice in Cases of Inheritance", under the commission of actions by the heir, indicating the actual acceptance of the inheritance, one should understand the commission of the provisions of paragraph 2 of Art. of the Civil Code of the Russian Federation of actions, as well as other actions for the management, disposal and use of hereditary property, maintaining it in proper condition, in which the attitude of the heir to the inheritance is manifested as to his own property. Such actions, in particular, may be: moving the heir into the living quarters belonging to the testator or living in it on the day of opening the inheritance (including without registration of the heir at the place of residence or at the place of stay), processing by the heir land plot, filing an application with the court for the protection of their inheritance rights, filing a request for an inventory of the testator's property, making payment utilities, insurance payments, reimbursement at the expense of hereditary property of expenses provided for by the article of the Civil Code of the Russian Federation, other actions related to the possession, use and disposal of hereditary property. These actions must be completed within the period of acceptance of the inheritance established by the article of the Civil Code of the Russian Federation.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated March 12, 2019 N 14-KG18-59

Such actions, in particular, may be: moving the heir into the living quarters owned by the testator or living in it on the day the inheritance was opened (including without registration of the heir at the place of residence or place of stay), processing the land plot by the heir, filing a lawsuit applications for the protection of their inheritance rights, filing a request for an inventory of the testator's property, paying utility bills, insurance payments, reimbursement at the expense of hereditary property of expenses provided for by an article of the Civil Code of the Russian Federation, other actions related to the possession, use and disposal of hereditary property.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation dated March 26, 2019 N 5-KG19-33

As explained by the Plenum of the Supreme Court of the Russian Federation in paragraph 36 of the resolution dated May 29, 2012 N "On Judicial Practice in Cases of Inheritance", the commission by the heir of actions indicating the actual acceptance of the inheritance should be understood as the commission of the acts provided for in paragraph 2 of Article of the Civil Code of the Russian Federation actions, as well as other actions for the management, disposal and use of hereditary property, maintaining it in proper condition, in which the attitude of the heir to the inheritance as to his own property is manifested. Such actions, in particular, may be: moving the heir into the living quarters belonging to the testator or living in it on the day the inheritance opens (including without registration of the heir at the place of residence or place of stay), processing the land plot by the heir, filing a lawsuit applications for the protection of their inheritance rights, filing a request for an inventory of the testator's property, paying utility bills, insurance payments, reimbursement at the expense of hereditary property of expenses provided for by an article of the Civil Code of the Russian Federation, other actions related to the possession, use and disposal of hereditary property. These actions must be completed within the period of acceptance of the inheritance established by the article of the Civil Code of the Russian Federation.

Appeal ruling of the Judicial Collegium for Criminal Cases of the Supreme Court of the Russian Federation dated 06/03/2019 N 69-APU19-9

At the same time, the article of the Civil Code of the Russian Federation contains the concept of "decent funeral", taking into account the need to ensure a decent attitude towards the body of the deceased.

Clause 6.1 of the Recommendations on the procedure for burial and the maintenance of cemeteries in the Russian Federation, MDK 11-01.2002, recommended by the Protocol of the NTS Gosstroy of the Russian Federation dated December 25, 2001 N 01-NS-22/1, provides that in accordance with the Federal Law "On Burial and Funeral Business "Funeral rites are defined as burial. The funeral ceremony includes, as a rule, rites: ablution and preparation for the funeral, ..., as well as commemoration.

Ruling of the Supreme Court of the Russian Federation of May 8, 2019 N 305-ES18-3299(4) in case N A40-25142/2017

Refusing to satisfy the application, the courts of first and appeal instances, having evaluated the evidence presented in accordance with the rules of Chapter 7 of the Arbitration Procedure Code of the Russian Federation and guided by the provisions of Articles 213.1, 213.25 of the Federal Law of October 26, 2002 N 127-FZ "On Insolvency (Bankruptcy)", Articles, , the Civil Code of the Russian Federation, Article 446 of the Civil Procedure Code of the Russian Federation, taking into account the clarifications set out in paragraph 60 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 11/17/2015 N "On the application of legislation by the courts when considering certain issues arising in the course of enforcement proceedings", proceeded from the lack of evidence that Larina A.F. entered into the inheritance, as well as the fact that disputed property necessary Larina A.F. to provide a real opportunity to meet daily household needs.

Determination of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation of December 26, 2017 N 18-KG17-215

As explained by the Plenum of the Supreme Court of the Russian Federation in paragraph 36 of the resolution dated May 29, 2012 N "On Judicial Practice in Cases of Inheritance", under the commission by the heir of actions indicating the actual acceptance of the inheritance, one should understand the commission of the provisions of paragraph 2 of Art. of the Civil Code of the Russian Federation of actions, as well as other actions for the management, disposal and use of hereditary property, maintaining it in proper condition, in which the attitude of the heir to the inheritance is manifested as to his own property. Such actions, in particular, may be: moving the heir into the living quarters belonging to the testator or living in it on the day the inheritance opens (including without registration of the heir at the place of residence or place of stay), processing the land plot by the heir, filing a lawsuit applications for the protection of their inheritance rights, filing a request for an inventory of the testator's property, paying utility bills, insurance payments, reimbursement at the expense of hereditary property of expenses provided for by an article of the Civil Code of the Russian Federation, other actions related to the possession, use and disposal of hereditary property.

In the legislation in the section of family inheritance law, Art. 1174 of the Civil Code of the Russian Federation. The wording of the amended article indicates options for the return of costs incurred after the death of the testator, and funds allocated to ensure the protection of the inheritance plus its management.

1. Expenses provoked by a sudden illness with a fatal outcome of the owner of the property and incurred for organizing his funeral (we are talking about buying a burial place), as well as funds allocated to ensure the protection of the estate and its supervision, the costs required for the execution of the will are covered from the funds of the future inheritance but no more than its cost.
2. Requests for reimbursement of expenses (which are mentioned in paragraph 1 of Article 1174) should be made to heirs who have entered into rights. Until they enter into inheritance rights, the executor of the will deals with this issue. Otherwise, the expenses shall be reimbursed at the expense of the estate. Such expenses shall be returned until the testator's debts to creditors are covered within the value of the property that the successors received under the will from the estate. Initially, expenses related to illness will be reimbursed, followed by the funeral of the owner of the inheritance, the second will be the funds spent on the preservation of the bequeathed plus management of it, then in third place are the finances spent on the fulfillment of the conditions of the will itself.
3. The funds spent to ensure a decent burial of the deceased owner of the inheritance can be withdrawn from any finances belonging to the deceased, not an exception are his deposits or funds stored in his bank accounts.

Let us dwell on paragraph 3 of the article under consideration of the Civil Code of the Russian Federation. To receive money for the burial of the deceased from a bank that has deposits (bank accounts) of the donor of the inheritance, the applicant must present a notary's decision, where the latter enters the person who has the right to accept these funds in order to pay the costs required for burial.

The successor specified in the will may, within six months from the official date of the opening of the inheritance, demand from the contribution (from bank account) the testator funds to finance the funeral of the latter. This is possible due to the fact that the "donor" of the inheritance had money in the accounts issued to the future heir in the form of a testamentary order directly at the bank itself.

Finances received by the heir through a notary’s decision (availability is mandatory) for a funeral rite, or the amount of costs indicated in the document does not exceed a certain amount prescribed Civil Code Russian Federation - no more than 40 thousand rubles.

The terms of this paragraph are the same for all credit organizations who have the legal right to deal with citizens' deposits and their cash accounts.

Comments

Debts of the deceased

The received inheritance, as practice shows, is aggravated by the debt of the testator to lenders (Article 1175 of the Civil Code) plus money debts on expenses due to the death of the testator. Comments on the article indicate the order and possible options compensation from the capital of the inheritance of four types of obligatory embezzlement that arose as a result of the death of the testator:

• expenses caused by the dying illness of the testator;
• funds required for a decent burial of the deceased;
• spending the funds needed for the protection of the inheritance plus its management;
• expenses caused by the execution of the will itself.

It doesn't matter at all who carried out all the chores, the exception is the third group, representing persons prescribed by law.

The phrase "necessary expenses", on the one hand, reduces the amount of material compensation, and on the other hand, it covers all possible expenses that can be returned, guided by the article in question.

In paragraph 1, the word "necessary" is repeated twice. Initially - as a generalized characteristic of expenses and then - as a payment for a burial place. This word is also found in Art. 1136 of the Civil Code in the form of expenses caused by the execution of the will itself.

Such an interpretation of an unlimited amount of expenses requiring material compensation can completely “eat up” even the largest inheritance, leaving the heirs themselves without money and not satisfying the claims of creditors.

What is meant by “necessary” spending

The legislator does not give a clear definition of what is hidden behind the concept of "necessary" expenses. Thus, the law does not spell out any criteria that give a clear understanding: the costs were really necessary or not.

In approaching this issue, particular facts and circumstances should be taken into account. For example, the price level for the goods in demand and the services provided in a particular area, how popular they are, whether there is a choice for this product, even national and necessarily local traditions and customs, the will on these matters of the deceased and other circumstances.

dying sickness

It is also worth noting that we are talking about compensating for expenses provoked by a dying illness. This fact is confirmed by the conclusion of doctors. The definition of "terminal illness" is very vague. For instance:

• what is the amount of expenses to be reimbursed;
• whether it is possible to consider a chronic illness, which the testator suffered for many years, to be considered dying;
• how and what amount can be returned for the funds spent and the damage incurred to ensure decent care for the patient, medical care of the testator to the one who paid the incurred costs and took the patient as a dependant.

Answers to such questions will be found through judicial practice.

Paragraph 1 of Article 1174 refers to expenses provoked by the dying illness of the testator. This includes the funds spent on the treatment of the testator:

• medical consultations;
• stay in medical institutions;
• other types medical care(payment for operations, dressings, injections);
• purchase of medicines prescribed by a doctor;
• vouchers to sanatoriums / resorts;
• travel to the designated place of treatment and return back, special meals;
• care for a patient in need of help (cleaning, laundry, grocery shopping, cooking).

Expenses will be compensated when a causal relationship can be traced between the death of the testator and the illness that required such expenses. In the event of claims and opening a dispute in this matter Supreme Court appoints a forensic medical examination.

Required funeral expenses

The law does not give a clear definition of "necessary expenses" for a decent burial, arbitrage practice gives the following interpretation:

• purchase of a coffin and related ritual items for burial (clothes for the deceased, bedding in the coffin, rent of a hearse, storage in the mortuary);
• payment for the preparation and production of a burial place (cremation);
• transport services and some other points.

The Civil Code does not indicate the amount of costs corresponding to a decent funeral, the only restriction is the real price of the inheritance. The ambiguity of this issue will inevitably lead to a conflict of interests of the successors, loans of the deceased and those who pay for the burial. Therefore, the court, when determining the allowable amount of costs, must remember the responsibility and motivate its decision with the principle of reasonableness.

Property protection

Under the funds spent for the protection of hereditary property and management include:

• pay a fee for storage (safe deposit box, safe deposit box, warehouse premises, etc.);
• pay remuneration in any format to the custodian of the heir's property;
• pay compensation to the manager. This paragraph is fulfilled when the inheritance contains property that requires management activities;
• all costs incurred by the valuation and transportation of property;
• court costs paid by the executor of the will in resolving the disputed issue in court.

How to get back what you spent

Persons interested in reimbursement of expenses may submit their claims at any time: before the receipt of the inheritance by potential successors or after the fact of its acceptance. If the latter still cannot legally dispose of the inheritance, then the person making the claim decides this question with the executor of the will (with the notary who opened the inheritance case). The issue of compensation is resolved, bypassing the participation of potential heirs.

If there is a need, then the compensation of the invested funds for the burial of the deceased (the decision is made by the notary) is made immediately from the capital of the hereditary property.

Successors who receive an inheritance will be liable for debt obligations, but within the range of their share of the inheritance received. The source of finance from which the spent funds will be paid does not play a role.

If the successors do not own the required amount, then the property of the deceased will be sold (realized), and expenses will be reimbursed from the proceeds. When the applicants have not officially legalized their rights, the requested expenses are withdrawn from the inheritance, and the rest of the inheritance is issued to future heirs.

The law guarantees the receipt of the declared expenses from the cost of the inheritance (even if it has debts). The procedure for compensating such expenses is also prescribed.

How much can you get for a funeral

The article under consideration (clause 3) clearly indicates the limits of the financial resources allocated by the bank for burial: no more than 100 minimum wages. Today, the amount allocated by the bank to the heir for organizing the funeral (to the person specified in the notary's decision) should not exceed 100,000 rubles, although previously a similar amount was 40,000 rubles. This money is issued in addition to the funeral payment - from February 1, 2018, the social allowance is 5562 rubles. 25 kop. It is better to find out the procedure for obtaining the amount due in a particular financial institution directly on the spot, from a consultant.