Minh (name changed), a US citizen, asked DEDICA:
“My mother in Vietnam passed away suddenly without leaving a will. I know she had savings in a few banks but I cannot find the passbooks, nor do I know exactly which banks. Currently, I cannot arrange to return to Vietnam, and relatives are giving conflicting advice. What should I do to withdraw this money, and will the bank process it without the savings passbooks?”
DEDICA ADVISES Hello Minh. Your mother's savings can definitely be withdrawn even if you no longer have the passbooks or remember the exact bank names, as the banking system manages assets based on personal identification information. However, you are required to complete the procedure for declaring the inheritance. The fact that you are in the US and face conflicting opinions from relatives is not a dead end; you can fully authorize a lawyer in Vietnam to search for the accounts and handle this on your behalf. Below is the legal framework and specific steps for you to resolve this safely and legally.
Inheritance rights and legal conditions to withdraw money from a bank
Savings deposits or balances in your mother's payment accounts are identified as inherited estate. Since your mother passed away without leaving a will, this entire amount will be divided according to the law among the first-tier heirs. Despite holding US citizenship, you still have equal inheritance rights to the assets your biological mother left in Vietnam.
In practice, banks strictly protect customer information and do not automatically disburse funds to anyone claiming to be a family member, even with the original savings passbook or death certificate. For the bank to have a basis to release the account and pay the funds, the family must provide one of the two documents with the highest legal value: a notarized Agreement on division of estate or a Document declaring the inheritance.
Practical processing steps when missing passbooks and residing overseas
Given the geographical distance and family disagreements, running around to process paperwork yourself is impossible. You can proceed with the following steps through an authorization mechanism:
- Step 1: Search and verify bank accounts. Losing a savings passbook does not mean losing ownership of the money. By drafting a power of attorney, your representative (such as a lawyer) can use your mother's Death Certificate and documents proving the mother-child relationship to send a written request to suspected banks to trace the account balance. The bank will rely on the deceased's ID card/Citizen ID to accurately retrieve the assets.
- Step 2: Establish a power of attorney from overseas. You do not need to fly back to Vietnam. The law allows you to draft a power of attorney right at your place of residence (via the Vietnamese Embassy/Consulate in the US or a local Notary Public, followed by consular legalization). This document is then sent to Vietnam for the authorized person to sign the acceptance of authorization.
- Step 3: Perform estate notarization procedures. Your representative in Vietnam, along with other co-heirs, will submit the dossier at a notarial practice organization. After the posting period of the notice of dossier acceptance (usually 15 days), if there are no complaints, the notarial organization will issue the document dividing the estate.
- Step 4: Withdraw money at the bank. The authorized person will bring the notarized estate document, death certificate, and their personal identification documents to the bank to complete the procedures to close the account and receive the money on your behalf.
Conclusion
In summary, the money in your mother's account can be fully withdrawn without the original savings passbook, provided the procedure for declaring the estate is strictly followed. The immediate steps are: (1) Establish a power of attorney in the US for a representative in Vietnam; (2) Request a balance trace at the banks; and (3) Proceed with the notarization of the estate division if the co-heirs agree, or prepare for a lawsuit if there is a dispute.
For clients residing overseas, DEDICA Law Firm provides full-service representation via power of attorney: from tracing balances across the banking system, negotiating with co-heirs, to completing notarization procedures or representing you in Court in case of a dispute. DEDICA Law Firm is ready to support you with inheriting assets in Vietnam. Contact DEDICA for in-depth legal consultation.
This content is for reference only; each case has unique circumstances, so please consult a DEDICA lawyer for precise advice.
