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Inheritance & Estate

When the account holder was an NRI: inheriting NRE, NRO and FCNR balances

A parent or spouse who was an NRI has died holding Indian NRI accounts, and you are unsure what the heirs can claim and take abroad.

The person who died was an NRI, so their money in India sat in NRI accounts, an NRE account, an NRO account, perhaps an FCNR deposit. Now the heirs, some abroad, some in India, need to claim it, and the rules differ by account type: what you can freely send abroad, what is capped, and what has to be re-labelled once the holder is gone. Getting this right matters because a wrong step, leaving an account in the deceased's NRI status, or trying to repatriate NRO money the wrong way, is itself a breach of the exchange-control rules.
Last reviewed: 26 July 20267 min readReviewed by Preetesh Maloo, CA

The short answer

When an NRI account holder dies, the account is frozen to further operation and the balance is released to the nominee or the legal heirs on the bank's papers. What you can take abroad depends on the account: NRE and FCNR balances are fully repatriable, so an NRI heir receives them in repatriable form, while an NRO balance goes out through the USD 1 million a year route with Form 15CA and 15CB. A resident heir simply keeps the money in India in a resident account. And the account status must change on death, an NRE or FCNR deposit claimed by a resident heir becomes an ordinary domestic deposit.

References on this page

  • NRE and FCNR balances are fully repatriable to the heirs (principal and interest)
  • NRO balances repatriate through the USD 1 million per financial year route (Remittance of Assets Regulations), with Form 15CA / 15CB
  • The account status must change on death: an NRE/FCNR deposit claimed by a resident heir becomes a domestic deposit
  • NRE interest is exempt only while the holder is a non-resident (Section 10(4)); NRO interest is taxable, TDS under Section 195

What each account lets the heirs take abroad

The account type decides the repatriation, and this is the practical heart of it. NRE and FCNR balances are fully repatriable, both principal and interest, so an NRI heir or nominee receives them in repatriable form and can hold or send them abroad without a ceiling. These were always foreign-sourced repatriable funds, and death does not change that.

An NRO balance is different. It is not freely repatriable; an NRI heir moves it abroad through the USD 1 million per financial year route under the Remittance of Assets Regulations, supported by the inheritance papers, a will, succession certificate or legal-heir certificate, and Form 15CA and 15CB, now numbered 145 and 146. So two heirs inheriting the same estate can face different mechanics depending on whether the money sat in an NRE or an NRO account. A resident heir does not repatriate at all, the money simply stays with them in India.

The account status has to change

An NRI account cannot simply continue in the deceased's name and status. On death, the account is frozen to further operation and then settled, and the status changes according to who inherits.

Where the heir is a resident, an NRE or FCNR term deposit claimed by them is re-designated as an ordinary domestic rupee deposit, and it earns interest at the domestic rate for the rest of its term, not the NRI rate. Where the heir is an NRI, the funds move into that heir's own NRI accounts, NRE or NRO as appropriate to how they are repatriable. Leaving an account running in the deceased NRI's name, or a returning heir keeping an NRE account after becoming resident, is a common exchange-control breach, so the re-designation is not just paperwork, it keeps the funds compliant.

The tax on the interest

The inheritance itself is not taxed, India has no inheritance or estate tax. The interest is where tax and status meet.

Interest on an NRE account is exempt under Section 10(4), but only while the account holder is a non-resident under the exchange-control law. The exemption tracks the holder's status, so once the deposit is re-designated to a resident heir, the exemption ends and later interest is taxable in that heir's hands. NRO interest is taxable throughout, and for a non-resident heir it carries TDS under Section 195 at around 30% plus surcharge and cess, which a treaty rate can reduce with a tax residency certificate and Form 10F, now Form 41, or a lower-TDS certificate, Form 13, now Form 128. A practising CA claims the right repatriation route for each account, re-designates the status, and keeps the interest taxed correctly for each heir.

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What's involved

What the CA actually does

  1. 1

    We claim each account the right way

    We use the correct route for each: full repatriation for NRE and FCNR, the USD 1 million route with Form 15CA and 15CB for NRO.

  2. 2

    We re-designate the status

    We change the account status on death so nothing runs on in the deceased's name, and a resident heir's deposit becomes a compliant domestic one.

  3. 3

    We fix the interest tax

    We apply the NRE exemption only while it holds, and set up the right TDS and treaty rate on NRO interest for each heir.

  4. 4

    We handle the repatriation paperwork

    We prepare the inheritance evidence and the Form 15CA and 15CB so an NRI heir can move their share abroad cleanly.

What to have ready

Documents you'll typically need

  • The account and deposit details by type (NRE, NRO, FCNR)
  • The death certificate and the nomination, if any
  • The will or succession or legal-heir certificate
  • Each heir's residency, PAN and bank account

Your destination country can change the details

Requirements differ from one consulate, university and visa route to the next — how recent the figures must be, how long funds must have been held, and which certificates are mandatory. We assemble the documents around the exact checklist you're applying under. To see how India's tax treaty with your country of residence affects related filings, set your country below or compare all 31 countries.

Frequently asked questions

Common questions

Inheriting a deceased NRI's Indian accounts?

Tell us the account types and where the heirs are. A practising CA will claim and repatriate each correctly on a free call, no obligation.

No card, no obligation. All certification and filing work is handled by ICAI-registered practising Chartered Accountants.