Is it legally required to close bank accounts of a recently deceased family member . Continuiing for a year or two allows FDs to mature without loss of premature closure penalty and also bring closure to tax filings of deceased individual , refunds without hassle.
Ans: That's a very thoughtful and practical question. You're trying to balance compliance with convenience. Let's assess this from legal, tax, and practical angles in simple terms.
Legal Requirement: Is Closing the Account Mandatory?
No law forces immediate closure of a deceased person's bank account.
But, legally, the account must not be operated after the date of death.
Any transaction post-death (withdrawals, transfers) is not valid, unless it's for paying dues like hospital or funeral expenses.
Banks usually freeze accounts after getting the death certificate.
Once frozen, the account should ideally be settled — not used for long.
Why Keeping It Open Quietly Can Be Risky
Continuing operation knowingly, even for FDs, may raise legal or tax issues.
Income earned post-death belongs to legal heirs, not to the deceased person.
If found, it can attract penalties or scrutiny from tax authorities.
If bank finds out, they may reverse interest, reject refunds, or file suspicious activity report.
Can FDs Be Continued Without Premature Closure?
Yes. Most banks allow FDs to continue till maturity in deceased’s name.
Interest is paid till maturity.
On maturity, the amount is paid to nominee or legal heir — without penalty.
But the linked savings account is frozen, so interest can't be transferred automatically.
You’ll need to submit a claim (with KYC and death documents) when FD matures.
What About Income Tax Filings?
A deceased person’s return can be filed by legal heir using their login.
Refunds are credited to the bank account declared in return.
If account is active at time of filing, refund may succeed.
But if bank freezes the account before refund, refund fails.
Better to update legal heir’s account for refund to avoid bounce.
Recommended Approach: Practical Yet Legal
Inform bank and submit death certificate early.
Allow FDs to run till maturity — no need to break unless urgent.
Ask bank to freeze only the savings account, not FDs.
On maturity, submit claim form for payout to nominee or legal heir.
File tax return in deceased’s name from legal heir’s account.
Mention your own bank account for tax refund if possible.
Tax Implication of Income After Death
Income up to date of death is taxed in deceased’s name.
Income after death (from FD, rent, etc.) is taxed in heir’s name.
Declare proportionate income carefully while filing returns.
Final Word
Keeping the bank account active “quietly” is not the right approach.
It may be hassle-free short-term but risky legally.
Inform the bank, let FDs continue, but follow proper claim and tax route.
Consult a CA for help with return and refund process as legal heir.
Best Regards,
K. Ramalingam, MBA, CFP,
Chief Financial Planner,
www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment