Extrajudicial Affidavit to Access a Safety Deposit Box (SDB) of a Deceased Person in the Philippines (A comprehensive legal-practice guide as of 26 June 2025)

1. Concept and Purpose

An extrajudicial affidavit to access a safety deposit box is a notarized sworn statement, executed by the heirs (or their authorized representative), requesting a bank to open and inventory the contents of the deceased depositor’s SDB without first securing a court order. It is normally used when:

Probate has not yet begun or the will is not being presented for probate;
All compulsory heirs are of age (or properly represented) and agree to act together;
The heirs merely need to determine, list, and preserve the assets inside the box so that estate settlement and tax compliance can follow.

2. Legal Framework

Area	Key Provisions / Rules
Succession	Civil Code Arts. 774-782 (succession opens at death; ownership passes to heirs at that moment)
Extrajudicial Settlement	Rule 74, Sec. 1, Rules of Court—permits heirs to settle an estate extrajudicially if: (a) no will, or the will is not probated; (b) no outstanding debts or debts are paid; (c) all heirs are of age or duly represented; (d) they file a bond and publish notice.
Banking Regulation	BSP Manual of Regulations for Banks (MORB) § X408 / §§ 408-409; BSP Circular No. 960 (2017) & 1039 (2020) — require banks to (i) freeze SDB upon notice of death, (ii) release contents only upon court order or settlement documents and BIR clearance, and (iii) keep an inventory signed by heirs, bank officer, and two disinterested witnesses.
Estate Tax	NIRC (1997) Title III, as amended by TRAIN Law (RA 10963) and Estate-Tax-Amnesty Acts (RA 11213 & 11956). Estate tax return and payment or amnesty application must precede final release of assets; the BIR issues a Certificate Authorizing Registration/Release (CAR/CAR-SDB).
Notarization	Rule III, 2004 Rules on Notarial Practice—affidavit must be signed in the presence of the notary public; all signatories present competent government I.D.s.
Data Privacy	NPC Advisory Opinion 2020-019—personal data of a deceased is no longer covered by the Data Privacy Act, but banks must still observe confidentiality owed to living clients/heirs.

3. When an Extrajudicial Affidavit Will Work—and When It Won’t

Scenario	Can an affidavit alone open the box?	Why
No will, no debts, cooperative heirs	✅ Yes, subject to bond & publication (if to be used as a full Rule 74 settlement) and bank/BIR clearances.	Meets Rule 74 conditions.
*Will exists but not* probated**	⚠️ Possible only if heirs agree not to probate and no one objects; prudent banks may still insist on probate or court order.	Banks avoid liability if probate is pending.
Minor heir or incapacitated heir	🚫 No, unless a judicial guardian/conservator acts or a probate court issues letters of guardianship.	Rule 74 prohibits extrajudicial settlement when any heir lacks capacity.
Estate has unpaid debts	🚫 Generally no; creditors could be prejudiced.	Rule 74 bars extrajudicial settlement if debts remain.
Disputing heirs	🚫 No; court intervention via probate or intestate proceedings becomes mandatory.	To resolve conflict and protect bank.

4. Elements and Typical Clauses of the Affidavit

Caption & Title — “Extrajudicial Affidavit to Open and Inventory the Safety Deposit Box of the Late Juan Dela Cruz.”
Affiant(s) — full names, citizenship, civil status, residence, government IDs.
Statements of Fact:
- Date and place of death (attach PSA Death Certificate).
- Relationship of affiants to decedent and enumeration of all heirs.
- Confirmation that the SDB is in the decedent’s name (state branch, box number).
- Declaration that no other person or entity claims adverse interest, or, if any, that such claimants were duly notified.
Purpose Clause — to open, make a written inventory, secure photographs, and hold the contents in custodia legis or in a designated estate account pending estate tax compliance and distribution.
Undertakings & Indemnity — heirs bind themselves solidarily to:
- Pay estate tax and other lawful charges;
- Indemnify the bank against future claims;
- Produce BIR CAR/clearance before final withdrawal of any monetary assets.
Signature Block — signed by all heirs or authorized attorney-in-fact.
Acknowledgment & Notarial Seal.

Practice tip: Many banks prefer an “Extrajudicial Settlement of Estate with Authority to Open SDB” (which satisfies Rule 74 formalities) rather than a bare affidavit. Preparing it comprehensive from the outset avoids having to execute another instrument later.

5. Supporting Documents Checklist

Document	Where to Get	Notes
PSA-issued Death Certificate	PSA Serbilis / e-GovPH	Certified copy.
Heirs’ valid IDs	DFA, PSA, PhilSys, LTO, etc.	Passport, PhilID, driver’s licence, etc.
Marriage/Birth Certificates of heirs	PSA	Establish filiation/spousal status.
Bank’s own “Claimant Information Sheet”	Bank branch	Some banks have a standard form.
Proof the box is paid up-to-date	Bank	Outstanding rental must be settled.
Estate Tax Return & Receipt (or Estate-Tax-Amnesty filing)	BIR RDO of decedent	If already filed; otherwise state that filing will follow inventory.
BIR CAR/CAR-SDB	BIR	Required before release of cash/jewellery.
Surety Bond (Rule 74)	Government Service Insurance System (GSIS) or private surety	Amount = personal-property share × bond rate (often 10%).
Newspaper Publication Affidavit	Newspaper of general circulation	3 consecutive weekly issues after signing extrajudicial settlement (if used).

6. Bank-Side Procedure (Typical Workflow)

Notice of death received → Bank freezes account and SDB (BSP MORB § 408).
Appointment → Heirs present affidavit, IDs, supporting docs; sign bank’s “Authority to Open Box” form.
Opening / Inventory (under CCTV, with two bank witnesses):
- Contents listed item-by-item; photographs taken; valuation left blank until confirmed by appraiser or BIR examiner.
- Inventory signed by all present; one original kept by bank, one by heirs, one for BIR.
Custody of contents → Often placed in a sealed tamper-evident bag and lodged in a new estate SDB or trust account; keys controlled jointly.
BIR Clearance → Heirs file estate tax return or amnesty application; BIR issues CAR or CAR-SDB.
Final Release / Distribution → Upon presentation of CAR and proof of publication/bond (if applicable), bank releases items or credits proceeds to estate account for partition.

7. Estate-Tax Compliance Highlights

Rule	Effect on SDB Access
Estate tax due 1 year from death (NIRC § 91) — extendible for meritorious reasons	Banks will not let heirs withdraw or dispose of cash/jewellery without proof of filing/payment.
Estate-Tax-Amnesty (RA 11213, extended by RA 11956 to 14 June 2025)	Allows a flat 6 % tax on net estate without penalties/surcharges; banks still need CAR-SDB.
RR 12-2018 & RMC 50-2018	Require banks to secure BIR clearance before allowing any transfer of bank assets of decedent.

8. Publication & Bond—Do They Always Apply?

If the affidavit is purely to open & inventory (no settlement yet), publication and bond are not strictly required, though some conservative banks insist on them to ensure coverage under Rule 74.
If the heirs simultaneously settle the estate extrajudicially (extrajudicial settlement of estate with SDB authority), the Rule 74 requirements apply in full:
1. Surety bond (based on personal-property value);
2. Publication (once a week, 3 weeks).
Failing to publish does not void the settlement inter partes but renders it voidable and unenforceable against third-party creditors until publication is done.

9. Jurisprudential Notes

While no Supreme Court decision squarely addresses SDB access by mere affidavit, related rulings offer guidance:

Case	Gist
Heirs of Malate v. Gamboa, G.R. No. 195724 (2014)	Extrajudicial settlement without full compliance (publication) binds heirs inter se but not third parties.
Citibank, N.A. v. Spouses Tantuico, G.R. No. 156367 (2009)	Banks may be held liable for unauthorized release of contents if they deviate from internal protocols.
BPI Family Savings Bank v. Ledda, G.R. No. 196926 (2016)	Bank negligence standards in handling decedent accounts extend to SDB custody.

10. Common Practical Issues & Solutions

Problem	How to Mitigate
Bank refuses affidavit, demands letters testamentary	Provide legal-opinion letter citing Rule 74 & BSP circulars; show heirs’ indemnity.
Missing key / lost SDB contract	Bank will drill box at heirs’ cost; affidavit should request drilling authority.
Minor heir abroad	Appoint parent-guardian via SPA, consularized or apostilled.
Disagreement on appraisal of jewellery	Engage BIR-accredited independent appraiser; reflect value in estate return.
Hidden liabilities surface after settlement	Rule 74 § 4 makes heirs solidarily liable; keep reserve fund before distribution.

11. Template Timeline (Simple Estate)

1 – 2 weeks: Gather civil registry docs & bank requirements Week 3: Draft, sign, notarize affidavit (and extrajudicial settlement, if any) Week 4: Bank opens box, prepares inventory Week 5-6: Secure appraisal reports; compute estate tax Week 7-8: File estate tax return/Amnesty; pay and obtain CAR Week 9: Submit CAR to bank; final release of contents / credit to estate account Week 10-12: Publication of extrajudicial settlement (if applicable)

12. Frequently Asked Questions

Can a single heir do this affidavit alone? *Yes—*via an Affidavit of Self-Adjudication under Rule 74 § 1 (if he/she is the sole heir). Publication and bond remain mandatory.
Is an indemnity bond different from the Rule 74 bond? Yes. Banks often require a bank indemnity agreement, separate from the surety bond filed with the Register of Deeds, to shield them from third-party claims.
Must the inventory be registered with the Register of Deeds? Only real property conveyances need registration; the SDB inventory itself need not be registered, but attach it to the estate tax return.
What if creditors later appear? They may sue within two years; heirs are solidarily liable up to the value of property they received.

13. Practical Tips for Heirs and Counsel

Coordinate early with the bank’s legal department—practices differ among banks and even branches.
Execute a comprehensive “Extrajudicial Settlement of Estate with Authority to Open SDB” in one document to avoid duplication.
Photograph and video the opening for transparency.
Keep originals of inventory and appraisals; BIR routinely asks for them during audit.
Set aside cash for estate tax before dividing movable assets.
Check whether any will exists; knowingly bypassing a will can void the settlement.
Publish promptly—many heirs forget, exposing themselves to future challenges.

14. Conclusion

An extrajudicial affidavit to access a deceased depositor’s safety deposit box is a practical, cost-effective tool under Philippine law, sparing heirs the delays and expense of court proceedings when the statutory conditions are met. Its effectiveness depends on meticulous compliance with Rule 74, banking regulations, and estate-tax rules. Heirs should obtain competent counsel, coordinate closely with the bank, and keep full records—from the affidavit and inventory to the BIR clearance—to ensure a smooth, legally defensible transfer of the estate’s hidden assets.