In the Philippines, whether a surviving spouse can withdraw from a joint “OR” bank account without going through probate is not a simple yes-or-no question. It depends on:

How the account is structured and documented,
Where the money actually came from,
Tax rules on estate settlement, and
Whether there is any dispute among the heirs.

Below is a detailed, Philippine-context overview to help unpack this.

1. Key Concepts You Need to Understand

1.1. What is a joint “OR” account?

A joint “OR” account is one where the account name reads something like:

“Spouses Juan Dela Cruz OR Maria Dela Cruz” or “Juan Dela Cruz OR Maria Dela Cruz”

The “OR” means that either of the named depositors can validly make transactions (deposits, withdrawals, etc.) even without the other’s signature while both are alive.

This is different from:

A joint “AND” account: “Juan AND Maria” – requires both signatures for withdrawals.
A sole account: Deposit is in one name only.

1.2. What is probate?

Probate is the court process to:

Prove the validity of a will (if there is one), and
Appoint an executor or administrator of the estate.

In a testate estate (with a will), probate is mandatory to give effect to the will. In an intestate estate (no will), the court usually appoints an administrator.

Probate and estate proceedings are used to:

Identify all assets and liabilities of the deceased,
Pay debts and taxes,
Distribute the net estate to the heirs.

1.3. Why does this matter for bank accounts?

Bank deposits in the name of a deceased person are part of the estate and are generally frozen until:

Estate tax issues are cleared with the BIR, and
There is legal authority (court order, extrajudicial settlement, etc.) to withdraw and distribute.

But joint “OR” accounts create a special situation: One living co-depositor still has a contractual right (with the bank) to withdraw.

2. Legal Layers: Bank Contract vs. Ownership vs. Heirs’ Rights

When one spouse dies and there is a joint “OR” account, three legal layers come into play:

Banking relationship (bank vs. account holders)
Civil law ownership (who really owns the money between spouses and the estate)
Succession law (rights of compulsory heirs, legitimes, estate taxes)

2.1. From the bank’s perspective

The bank looks mainly at:

The account agreement (joint “OR” clause, survivorship clauses, waiver clauses, etc.),
The KYC records (who are the registered depositors),
Regulatory rules (e.g., on withholding estate tax on bank deposits).

If the account is clearly a joint “OR” account, the bank will often adopt the view that:

Either depositor has authority to withdraw the whole balance during their joint lives.
On the death of one depositor, the surviving depositor may be allowed to withdraw, subject to:
- Bank’s internal rules,
- Compliance with BIR estate-tax requirements,
- Submission of documents (death certificate, IDs, bank forms, etc.).

From the bank’s standpoint, honoring a withdrawal by the surviving “OR” depositor is contractually justified, and as long as regulations are followed, the bank will usually not be liable to the estate just for honoring that withdrawal.

2.2. From the Civil Code (ownership) perspective

The real question under Philippine civil law is:

Whose money is it really?

Some scenarios:

Absolute Community of Property (ACP)
- Default regime for marriages after the Family Code (1988), unless there’s a valid marriage settlement saying otherwise.
- Most properties acquired during the marriage are community property, owned in common by the spouses.
- A joint “OR” account funded by salaries, earnings, or community assets is usually presumed to be community property.
Conjugal Partnership of Gains (CPG)
- Common for marriages before the Family Code or if agreed in a marriage settlement.
- Gains and acquisitions during marriage belong to the conjugal partnership, even if the account is in one or both names.
Exclusive property of one spouse
- Funds from inheritance, donations exclusively to one spouse, or assets acquired before marriage can be exclusive.
- Sometimes a joint “OR” account is opened for convenience only: one spouse puts the money; the other’s name is just added so they can transact, but they do not become a true co-owner of the funds.

Civil law is concerned with:

Where the funds came from,
What the property regime is,
What is community vs. exclusive,
What portion belongs to the surviving spouse vs. the estate.

2.3. From the perspective of succession and heirs

Under Philippine succession law:

Certain heirs are compulsory heirs (surviving spouse, legitimate children, legitimate parents in some cases, etc.).
They are entitled to legitime—a part of the estate that cannot be deprived from them (except in specific grounds for disinheritance).
Bank deposits that form part of the deceased’s share in the community or exclusive property should be included in the estate and taxed.

If the surviving spouse withdraws the entire balance and keeps it, this can:

Prejudice the rights of other heirs, and
Be questioned later in court (e.g., action for reconveyance, collation, accounting).

3. Can the Surviving Spouse Withdraw from a Joint “OR” Account Without Probate?

Let’s answer directly, and then refine:

From the bank’s perspective: Yes, in many cases, the surviving spouse can withdraw from a joint “OR” account without going through probate, provided they comply with the bank’s and BIR’s documentary requirements.

From the estate/succession perspective: No, the surviving spouse cannot simply treat the entire balance as their own “just because” they withdrew it without probate. The amount corresponding to the deceased’s share still forms part of the estate and is subject to the rights of heirs and estate tax.

So: withdrawal without probate is often possible, but ownership and distribution are still governed by estate and succession rules.

4. Common Practical Scenarios

Scenario 1: Joint “OR” account, community funds, no disputes

Couple is under absolute community.
Account is “Spouses A OR B”.
All funds are from salaries or earnings during marriage.
One spouse dies.
Surviving spouse goes to the bank.

In practice:

The bank may allow withdrawal by the surviving spouse relying on the “OR” authority, but often:
- May require a death certificate, valid IDs, and bank forms.
- May withhold or require proof of compliance with estate tax rules for the deceased’s presumed share (e.g., 50% of the balance treated as part of the estate from the BIR’s perspective).
If there are no disputes among heirs and everyone treats the funds as going to the surviving spouse, probate is often not initiated (especially for modest estates).

Legal reality:

Half of the community property (roughly speaking) belongs to the surviving spouse.
The other half belongs to the estate of the deceased, which must go to heirs according to law.
The fact that the surviving spouse physically has the money does not automatically extinguish the shares of the other heirs.

Scenario 2: Joint “OR” account but funds belong exclusively to the deceased

Account is “Husband OR Wife”.
In reality, the deposits came from the husband’s exclusive inheritance or from properties clearly exclusive to him.
Wife did not contribute to the funds.

Upon death of the husband:

The bank may still allow the wife to withdraw, relying on the “OR” authority.
But as to ownership, the wife may be holding funds that belong almost entirely to the husband’s estate.

Heirs (e.g., children):

May later demand accounting and claim their legitime from those funds.
Courts may disregard the mere fact that the account was “joint OR” and instead look at the substance: whose money was it?

Scenario 3: Joint “OR” account with survivorship clause

Some bank agreements include a survivorship clause, e.g.:

“On the death of one of the account holders, the balance shall belong to the surviving account holder and the bank shall be discharged from all liability upon payment to the survivor.”

From the bank’s point of view, such a clause helps justify releasing the funds fully to the surviving depositor.

However, as a matter of succession law:

A survivorship clause may be treated as a kind of donation or contractual stipulation, which:
- Must not impair the legitime of compulsory heirs, and
- Must still comply with legal formalities depending on its nature.
Courts can still treat a survivorship clause as not binding on heirs insofar as legitime is affected.

So even if the bank safely pays the survivor, the heirs may still assert claims against the survivor for their lawful share.

5. Is Probate Legally Required Just to Withdraw?

Important distinction:

Probate / estate proceedings are usually required to settle the estate, not necessarily to perform every individual withdrawal at a bank.
Banks commonly accept alternative documents instead of a probate order, such as:
- Extrajudicial settlement of estate (if requirements are met),
- Affidavit of self-adjudication (if there is only one heir),
- BIR estate tax return and clearance.

5.1. When probate is usually not required (for withdrawal purposes)

Practically, banks may allow withdrawal without a probate order if:

The account is joint “OR”, and
The surviving depositor is the one withdrawing, and
The bank’s internal requirements are satisfied (including BIR-related requirements), and
There is no adverse claim or notice of dispute from other heirs.

In such cases, the bank is mainly protecting itself from liability. It is not deciding final ownership of the funds among heirs.

5.2. When court proceedings become necessary

Court proceedings (probate or intestate/estate settlement) become effectively necessary when:

There is dispute among heirs about:
- Who really owns the funds,
- Whether the surviving spouse misappropriated estate assets, or
- Allegations of simulation, fraud, or undue influence.
The estate is large or complex (multiple properties, debts, etc.).
The bank refuses to process withdrawals without a court order, following its own risk policies.
There is a will that must be probated by law to be effective.

In these situations, a probate or intestate proceeding gives formal legal authority to:

Identify and marshal estate assets (including disputed bank deposits),
Determine shares of each heir,
Compel accounting from anyone holding estate property (e.g., surviving spouse who withdrew funds).

6. Tax Considerations (BIR Perspective)

Philippine tax rules treat bank deposits in the name of the decedent as part of the gross estate, and banks are often required to:

Freeze deposits upon notice of death of the depositor, and
Require presentation of certain estate tax documents before allowing withdrawal.

For joint accounts, BIR rules sometimes apply a presumed share (e.g., 50% attributed to the decedent) for estate-tax purposes, unless proven otherwise.

What this usually means in practice:

Even for a joint “OR” account, the bank may:
- Attribute part of the balance to the decedent’s estate,
- Require estate tax documentation or withhold tax on that presumed share.
The surviving spouse may still withdraw, but only after tax compliance is shown or the bank’s regulatory obligations are addressed.

So even if no probate is filed, estate tax obligations still exist, and the surviving spouse or heirs can be held liable for unpaid estate taxes.

7. Legal Risks for the Surviving Spouse

If a surviving spouse empties a joint “OR” account and treats the entire balance as purely their own, potential risks include:

Civil liability to other heirs
- Heirs may sue for:
  - Reconveyance or delivery of their lawful share,
  - Accounting of estate assets,
  - Inclusion of the withdrawn amount in collation (if it is treated as an advance or donation).
Reduction of in-officious donations
- If the survivorship arrangement or withdrawals are treated as excessive donations that impair legitime, heirs can demand reduction.
Possible criminal liability in extreme cases
- If there is clear fraud, falsification, or misrepresentation (e.g., representing that there are no other heirs, or forging documents), acts may give rise to criminal charges (such as estafa or falsification), depending on the specific facts and evidence.
Estate tax exposure
- Funds withdrawn and hidden from estate declaration do not erase tax liability.
- BIR can still assess estate tax and surcharges, and may investigate large unexplained bank movements.

8. Practical Guidelines for Surviving Spouses

While the exact steps depend on the bank and on the facts, here are practical, law-aligned guidelines:

Do not assume “OR” means it’s all yours. Understand that “OR” is mainly a banking authority; it does not always mirror true ownership.
Collect and review documents:
- Bank account opening documents (check if there is a survivorship clause).
- Marriage contract.
- Any pre-nuptial agreement (for property regime).
- Evidence of who actually funded the account.
Coordinate with other heirs early.
- Transparency can prevent disputes.
- If everyone agrees on how to divide the funds, you may do:
  - Extrajudicial settlement of estate (if allowed by law on the facts: no will and no debts, or debts are settled),
  - Affidavits and waivers as needed, with publication (as required by the Rules of Court) and BIR documentation.
Comply with BIR requirements.
- File estate tax returns where required.
- Pay the estate tax or secure exemptions/clearances.
- Present the necessary documents to the bank.
If there is disagreement or complexity, seek court intervention.
- When disputes arise, a probate or intestate proceeding may become the safest route to avoid personal liability and to have a binding, court-approved settlement.
Keep records.
- Maintain proof of all withdrawals, disbursements, and distributions made.
- This helps in later accounting to heirs or in court.

9. Direct Answer Recap

So, can a surviving spouse withdraw from a joint “OR” account in the Philippines without probate?

Vis-à-vis the bank: Often yes – the bank can allow the surviving spouse to withdraw, based on the “OR” authority and the account contract, subject to bank and BIR requirements. No probate order is automatically required just to perform the withdrawal.
Vis-à-vis the law on estates and heirs: Withdrawal does not give the surviving spouse absolute ownership over the entire balance. The portion belonging to the deceased (depending on the property regime and source of funds) still forms part of the estate, subject to:
- Legitime of compulsory heirs,
- Estate taxes, and
- Possible court proceedings if there are disputes.

In short:

The surviving spouse can often physically withdraw from a joint “OR” account without going through probate, but they cannot lawfully ignore the rights of other heirs and estate-tax rules. The lack of probate does not erase the estate’s claims over the deceased’s share of the funds.

This is a complex area where details matter a lot (dates of marriage, property regime, exact wording of the bank documents, source of funds, presence of a will, etc.). For any real case, it is wise to consult a Philippine lawyer, bring the bank documents and civil status records, and get advice tailored to the specific situation.