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- Inheritance credits, such as the balance of the current account, are divided among the heirs in proportion to their shares: each co-heir can ask the bank for the part due to him or her, without the consent of the others.
- The inheritance tax return or the negative declaration must be submitted to the bank (Art. 28 Legislative Decree 346/1990).
- For securities registered in the name of the deceased the bank as a rule asks for documents and data on the value at the date of transfer; the tax treatment must be checked on the text in force.
Updated on October 14, 2026.
On the death of the holder, current accounts, securities and shares may remain blocked at the bank for a long time because of delays in the succession paperwork or disputes over the standing of the heirs. This guide explains what each heir can request and how to proceed.
The current account: each heir can request his or her share
Inheritance credits, including the positive balance of the current account, are divisible among the heirs in proportion to their respective shares. This principle allows each co-heir to obtain payment of the sum due to him or her without the bank being able to make it conditional on verification of the position, or on the consent, of the other co-heirs.
The Court of Cassation clarified long ago that credits, unlike debts, automatically fall into co-ownership (judgment 24657/2007, following 11128/1992). The Joint Chambers then derived from the general rule, which allows each participant in the co-ownership to bring actions for the benefit of the common property, that the individual co-heir can collect the credit for the part proportional to his or her share. More recently the Court of Cassation (27417/2017) specified that each co-heir can sue for performance of the inheritance credit pro rata, without the debtor being able to object to the lack of consent of the other co-heirs: any disagreements are resolved in the division proceedings.
To obtain the balance of the account in the name of the deceased the co-heirs must submit to the bank the inheritance tax return or the so-called “negative declaration” referred to in Art. 28 of Legislative Decree 346/1990. On the relevance of the tax legislation (Art. 48, paragraphs 3 and 4, Legislative Decree 346/1990) the coordinating panel of the Banking and Financial Ombudsman (decision 5305/2013) has also intervened.
Next question: What if the account is dormant? Dormant account and Consap Fund.
Securities registered in the name of the deceased: how to obtain their transfer
Transferring securities from one bank to another is simple if the holder of the old and of the new account is the same. It is more complex when the holders are different, as happens to heirs who ask for the transfer of the deceased’s securities. In these cases the bank, as withholding agent, applies the rules of Art. 6 of Legislative Decree 461/1997 on the administered savings regime and may ask the taxpayer for the necessary data, also by a substitute declaration, suspending the operation until it obtains them.
The rule provides, for transfers due to succession or gift, that the value of the securities is determined at the date of the transfer and that the bank issues to the taxpayer a certification of the value of the securities transferred. In practice, to obtain the transfer it is usually enough to provide the bank with a self-certification showing the value of the securities, shares, certificates or relationships transferred. Some paragraphs of Art. 6 have been amended over time: the tax treatment of the individual case (in particular whether capital gains or losses arise) must therefore be checked on the text in force, available on Normattiva.
Related guides
The route that usually works best
The possible routes
- Submit to the bank the inheritance tax return or the negative declaration and ask for your share of the balance.
- For securities, provide the bank with the self-certification of the value and the requested data.
- Sue for the inheritance credit pro rata, if the bank refuses.
Which usually works best and why
One usually starts with the request to the bank with the documents in order: each co-heir can ask for the sum due to him or her without the consent of the others. If the bank refuses, the action for the pro rata credit remains; any disagreements among the heirs are resolved in the division proceedings.
What to do right away
- Prepare the inheritance tax return or the negative declaration.
- Calculate your inheritance share and list the deceased’s accounts and securities.
- Ask the bank in writing for payment of the share or transfer of the securities and keep the replies.
Each situation must be assessed on the documents of the specific case: this indication is not a promise of outcome.
How Attorney Fiorentino can assist you
- Keep the bank’s written replies: they are needed if you have to take action.
- Check your inheritance share before asking for payment.
- For the rules referred to, consult Normattiva and the website of the Banking and Financial Ombudsman.
The Firm also offers remote consultations, with documents sent online, and a written quote before the engagement. There are offices in Naples, Rome and Bari, by appointment.
Frequently asked questions
Can an heir ask the bank for his or her part of the account without the others?
Yes: the credit is divisible and each co-heir can ask for the share due to him or her, without the bank being able to make payment conditional on the consent of the others.
Which documents does the bank need?
The inheritance tax return or the negative declaration provided for by Art. 28 Legislative Decree 346/1990.
How are securities registered in the name of the deceased transferred?
As a rule the bank asks for a self-certification of the value of the securities and the data necessary for the applicable tax regime; the specific case must be checked on the rule in force.
Sources: Normattiva, Legislative Decree 346/1990 (Arts. 28 and 48) and Legislative Decree 461/1997 (Art. 6); Cass. 24657/2007, 11128/1992 and 27417/2017; ABF, coordinating panel, 5305/2013. Author: Attorney Renato Giuseppe Fiorentino, Naples Bar. Informational text, it does not replace an opinion on your case.
(Read also): Legal guides from Studio Legale Fiorentino · Division of the inheritance: how it works, including for the family home · Surviving spouse’s right of habitation: what is due on the family home
Translated from the Italian original; updated on October 18, 2026.
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