When a person dies while permanently residing outside Russia, their estate may include funds held in Russian bank accounts. The administration of these assets can raise complex questions concerning the applicable inheritance law, the jurisdiction of Russian notaries and the recognition of foreign inheritance documents.
Until recently, Russian notaries frequently declined to formalise inheritance rights to such assets, referring heirs to the competent authorities in the country of the deceased's last residence. This could require the initiation of inheritance proceedings abroad, even where the only assets were held in Russia.
A significant development came with Russian Constitutional Court Ruling No. 12-P of 26 March 2024. The Court clarified that the deceased's last residence abroad does not necessarily prevent Russian notaries from formalising inheritance rights to movable assets located in Russia. This approach was subsequently incorporated into the Federal Notarial Chamber's updated guidelines in July 2025.
As a result, in certain circumstances, heirs may be able to obtain inheritance certificates for Russian bank accounts directly through Russian notaries, without first completing inheritance proceedings abroad.
Why Does Inheriting Russian Bank Accounts Present Legal Difficulties?
Under Article 1224(1) of the Russian Civil Code, succession to movable property is generally governed by the law of the country where the deceased had their last place of residence. For inheritance purposes, funds held in bank accounts are classified as movable property. Consequently, where the deceased was permanently resident in Germany, for example, but maintained a bank deposit in Russia, Russian notaries could require heirs to obtain inheritance documents from the competent German authorities.
This approach often resulted in additional costs and procedural complications. Heirs could be required to initiate inheritance proceedings abroad, obtain foreign inheritance certificates or other documents, arrange for their translation and legalisation, and subsequently establish their entitlement to the funds before a Russian bank.
The difficulties were particularly significant where the deceased had no assets in the country of their last residence and the only estate assets consisted of funds held in Russia.
What Changed Following the Constitutional Court's Ruling?
On 26 March 2024, the Constitutional Court of the Russian Federation issued Ruling No. 12-P in the case brought by A.E. Statsenko. The case concerned movable property remaining in Russia following the death of a Russian citizen who had been permanently resident in Germany.
The heir had encountered difficulties in formalising inheritance rights in Russia because the Russian notary considered the competent German authorities responsible for administering the movable estate. Russian courts had also initially declined to examine the heir's claims on their merits.
The Constitutional Court examined the relationship between Article 1224 of the Russian Civil Code, which determines the law applicable to succession, and Article 1115, which establishes the place of opening of an estate.
The Court clarified that Article 1224 cannot automatically be relied upon to refuse the formalisation of inheritance rights in Russia. The competent authorities must consider the circumstances of the particular case, including whether recourse to foreign authorities is impossible or substantially difficult.
The practical significance of the ruling is that the deceased's permanent residence abroad does not, in itself, exclude the possibility of administering inheritance rights to assets remaining in Russia through a Russian notary.
In July 2025, this position was reflected in the Guidelines on the Formalisation of Inheritance Rights issued by the Federal Notarial Chamber. Section 13.4 recognises the possibility of Russian notaries formalising inheritance rights to movable property left in Russia by a deceased person whose last place of residence was abroad, provided the relevant conditions are met.
An important distinction remains between the authority competent to administer the inheritance and the law applicable to succession. Even where a Russian notary handles the inheritance proceedings, succession to the relevant bank accounts will generally be governed by the substantive inheritance law of the country where the deceased had their last place of residence.
Opening an Inheritance Case with a Russian Notary
The Constitutional Court's ruling and the updated notarial guidelines provide a legal basis for opening inheritance proceedings in Russia in certain cross-border cases.
A review of Russian notarial practice indicates that notaries are prepared to open inheritance cases involving funds held in Russian bank accounts, even where the deceased was permanently resident abroad. Accordingly, direct administration of these assets in Russia may offer a practical alternative to completing inheritance proceedings in another jurisdiction.
However, the availability of this procedure depends on the circumstances of each case. Relevant considerations include the citizenship of the deceased and the heirs, the country of the deceased's last residence, applicable international treaties, the existence of inheritance proceedings abroad and any practical difficulties associated with dealing with foreign authorities.
It should also be noted that Constitutional Court Ruling No. 12-P specifically concerned a case in which both the deceased and the heir were Russian citizens. Where either party is a foreign national, the possibility of applying a similar approach requires an individual legal assessment. The decision to proceed through a Russian notary should therefore be based on an examination of the relevant circumstances and the applicable legal framework.
Documents Required to Inherit Russian Bank Accounts
A preliminary assessment of whether inheritance rights can be formalised in Russia will generally require the following documents and information:
Documents issued by foreign authorities may require an apostille or consular legalisation, unless an applicable international treaty provides otherwise, as well as a translation into Russian. The absence of precise bank account details does not necessarily prevent inheritance proceedings from being initiated. Where the legal requirements are satisfied, a Russian notary may request information directly from the bank concerning accounts and funds belonging to the deceased.
Inheritance Proceedings Without Travelling to Russia
In many cases, inheritance rights can be formalised through an authorised representative without requiring the heir to travel to Russia. An heir residing abroad may grant a power of attorney authorising a representative to communicate with the Russian notary, submit applications, obtain documents and take other steps necessary for administering the inheritance. Where the representative is authorised to accept the inheritance on the heir's behalf, this authority must be expressly included in the power of attorney.
A power of attorney may be executed through a Russian consular office or before a foreign notary, subject to the requirements applicable to the recognition and use of foreign documents in Russia.
However, the formalisation of inheritance rights and the actual receipt of inherited funds should be considered separately. An inheritance certificate issued by a Russian notary establishes the heir's entitlement to the relevant assets, but the subsequent transfer of funds, particularly to a foreign bank account, may be subject to banking requirements, currency regulations and applicable restrictions.
For heirs residing outside Russia, it is therefore advisable to assess both the inheritance procedure and the practical arrangements for accessing or transferring the inherited funds.
Inheritance Where the Acceptance Deadline Has Expired
Time limits for accepting an inheritance require particular attention in cross-border cases. The applicable foreign inheritance law may determine the relevant deadlines, the methods of accepting an inheritance and the consequences of failing to act within the prescribed period. The expiry of a deadline does not necessarily mean that inheritance rights can no longer be exercised. Depending on the applicable law and the circumstances, it may be possible to establish that the inheritance was previously accepted, seek reinstatement of the deadline or pursue another available legal remedy.
An example can be found in the judgment of the Omsk District Court of the Omsk Region dated 2 December 2025, case No. 2-2688/2025. The deceased had lived in Germany for more than twenty years and died there, leaving a deposit with Sberbank in Russia. No inheritance proceedings had been initiated in Germany.
Referring, among other things, to Constitutional Court Ruling No. 12-P, the Russian court reinstated the heir's deadline for accepting the inheritance. Although the judgment did not directly determine the heir's entitlement to an inheritance certificate for the bank deposit, it illustrates the application of the Constitutional Court's position in a dispute concerning Russian banking assets left by a person whose last residence was abroad.
Practical Steps for Administering Inheritance in Russia
Where a person who was permanently resident abroad dies leaving funds in Russian bank accounts, the appropriate starting point is a legal assessment of the estate and the applicable succession rules.
This assessment should establish the deceased's last place of residence, the applicable inheritance law, the existence of other heirs and whether any inheritance proceedings have already been initiated in another country.
It should then be possible to determine whether the inheritance can be administered through a Russian notary, which documents will be required and whether the involvement of foreign legal advisers is necessary. Where the heirs reside abroad, arrangements for representation under a power of attorney should also be considered.
A preliminary assessment helps identify an appropriate legal route, reduce the risk of a notarial refusal and avoid unnecessary expenses associated with parallel procedures in different jurisdictions.
Legal Assistance with Cross-Border Inheritance in Russia
I advise and represent clients in cross-border inheritance matters, including cases where the deceased was permanently resident and died outside Russia but left funds in Russian bank accounts. My services include assessing the possibility of administering the inheritance in Russia, determining the applicable succession law, preparing the necessary documents and coordinating with Russian notaries and banks. Where heirs reside abroad, I can also assist with arranging inheritance proceedings through an authorised representative, potentially without requiring their personal attendance in Russia.
For matters involving Russian bank accounts left by a deceased person who lived abroad, a preliminary legal assessment can help determine whether inheritance rights may be formalised directly in Russia and identify the steps required to obtain access to the funds.
For legal assistance with inheritance of Russian bank accounts or other cross-border succession matters, please contact me to discuss the circumstances of the case.
This material is provided for general information purposes only and does not constitute individual legal advice.