Nova KBM
 

What to do when someone passes away - Guide | NKBM

What to do when someone passes away - Guide

WHAT TO DO WHEN SOMEONE PASSES AWAY


We're here to help. We prepared a guide on the things you need to do when someone close to you passes away.
 

 

REGISTER THE DEATH

In Slovenia, death of a person needs to be registered within 2 days of the person passing or within 2 days of discovering the body.

The death can be registered at the Administrative Unit in the jurisdiction where the deceased has lived.

 

 

NOTIFY THE BANK

You can notify the Bank on the death of a client in the following ways:

  • By email at info@nkbm.si
  • In person at any Bank Branch Office and Post bank counter.
 

WHAT THE BANK DOES


When the Bank receives the death certificate or the extract from the civil register – death notification, it will do the following:

  • Freeze the assets on the account until receiving a final court decision on inheritance, and cancel all authorizations, trusteeships, and right of representation on the deceased’s account (the authorizations and other third-party rights on the account are terminated by law at the moment of death),
  • Cancel all cards, 
  • Cancel balance statements, standing orders, direct debits and any active account overdrafts, 
  • Transfer any outstanding balances to relevant Bank support units. 
 

DOCUMENTS

Extract from the civil register – death notification
The extract from the civil register – death notification is a public document declaring the death of a person. The document is issued by the Administrative Unit based on the registration of death in the civil register. 
Death certificate
The death certificate should contain the following details: personal data of the deceased, time and location of death, details about the estate (movable and immovable property), details on existence of a will, details on the spouse, marital/non-marital children, adopted children, other relatives that may inherit the estate based on the law or will, whether the deceased is the father of an unborn child, details on whether the deceased’s children or spouse have a guardian, and details on whether the deceased received social benefits.

The death certificate is created at the Administrative Unit (AU), the administrative internal affairs department or competent local authority in the jurisdiction where the deceased held the last permanent residence. Pursuant to the Inheritance Act, the civil registrar competent to register the death shall send the death certificate to the competent probate court within 30 days of registering the death. The death certificate is the legal document underlying the initiation of inheritance proceedings. 

EXECUTING THE FINAL COURT DECISION ON INHERITANCE

Additional or supplementary court decision on inheritance
If the court decision on inheritance does not cover all the assets the deceased held with the Bank, the competent court should be notified on any remaining assets and prompted to deliver a relevant additional or supplementary decision on the distribution of the deceased’s remaining assets, or prompted to again inquire on the deceased person’s estate (movable assets). 
Inheriting securities

The transfer of securities from the deceased’s account to the account of the heir (or heirs) is not automatic; securities are transferred only upon a written request of the heir. 

The heir needs to indicate in the request his/her account number with the member of the KDD (Central Securities Clearing Corporation) system to which the securities should be transferred, and enclose to the request a copy of the final decision on inheritance. KDD requires a copy of the decision to check the grounds for the request and will return it to the heir by mail. The heir’s account with the KDD system member is a brokerage account administered by a KDD system member based on an agreement between said member and the heir. 

The Bank can open a trading account for the heir with KDD and advise him/her on the transfer of securities that is made based on a final decision on inheritance. 

A final decision on inheritance presents legal grounds for the transfer of securities. 

Contact:

KDD d. d.
Tivolska cesta 48
1000 Ljubljana
Telephone: 01 307 35 00
Fax: 01 307 35 07
Email: info@kdd.si

Notifying potential heirs on outstanding debts from transaction accounts and loans
After receiving a notification on the death of a client, the Bank invites the deceased’s family to visit the Branch Office to make arrangements for the repayment of the loan. If the outstanding debt to the Bank is not repaid, the Bank will initiate collection.
Additional information

Important documents and forms: 

Personal Data Protection Act, ZVOP-1 
Pension and Disability Insurance Act, ZPIZ-2
Inheritance Act, ZD 
www.mnz.gov.si
www.uprava.gov.si
www.e-uprava,gov.si
www.kdd.si

Disclosing personal data

Personal data protection does not end with the death of an individual. Article 23 of the Personal Data Protection Act (hereinafter: ZVOP-1) that protects individuals against undue processing of personal data applies to deceased persons as well. The Articles provides special terms and conditions when the processing of personal data of a deceased person is allowed. 
A Bank officer at the Branch Office can disclose data on the deceased to the lawful heir to the deceased of the first or second order, if the heir proves legal standing to receive such data and the deceased did not prohibit the disclosure of personal data in writing. 

The potential heir can prove his/her legal standing as the heir of the first or second order by presenting an extract from the birth register. 

Article 23 of the Personal Data Protection Act also applies to cases where the potential heir, who did not receive a decision on inheritance, visits the Branch Office, wishes to obtain personal data of the deceased due to the ongoing inheritance proceedings, and claims he is the lawful heir to the deceased. 

Per Article 23 of ZVOP-1, the personal data controller, i.e. the Bank, can disclose personal data of the deceased only to those personal data users who are authorized by law to process personal data (courts, lawful heirs of the first or second order). 

The following actions are required to disclose personal data of the deceased to the lawful heir of the first or second order: 
  • personal data is requested by a person who is the lawful heir of the first or second order under the law governing inheritance, 
  • the person making the request has legal standing to obtain this data, i.e. proves that he/she needs this data to exercise his/her rights and lawful benefits (e.g. inheritance proceedings, pension benefits), 
  • persons who are beneficiaries to the deceased other than heirs of the first or second order (e.g. beneficiaries by will and testament or heirs of the third order – grandparents of the deceased and their children) are not entitled to obtain personal data of the deceased, 
  • per Articles 11 through 17 of the Inheritance Act, the first and second order of inheritance includes the deceased’s descendants (children, grandchildren, grand-grandchildren), adopted children and their descendants, spouse (or non-marital partner), the deceased’s parents and their children, the deceased’s siblings and their descendants, if they prove the existence of a family relationship. 
Outstanding debts

The deceased’s estate passes to his/her heirs by law as of the time of death. The estate consists of both assets and liabilities (debts). 

The heir is liable for the deceased’s debts up to the value of the inherited estate. This does not mean that the creditors of the deceased can demand settlement only from the assets subject to inheritance, but rather from the total estate of the decedent, however, not beyond the value of the inherited estate.

Administration of estate

The deceased’s estate can be administered only upon the delivery of a final court decision on inheritance. 

After receiving a final court decision on inheritance, the Bank will terminate the deceased’s personal account and distribute the assets to the heir or heirs in accordance with the court decision.