How to Claim a Deceased Person’s Bank Assets in the Philippines (Next of Kin)

Plain-English, step-by-step guide to getting money out of a deceased person’s bank and into the hands of the lawful heirs—Philippine law and practice.

Quick disclaimer: This is general information, not legal advice. Procedures differ by bank and facts. Deadlines and forms can change—confirm with your bank and the BIR (Bureau of Internal Revenue).

1) First principles you need to know

a) “Next of kin” vs “heirs.” “Next of kin” is layman’s language. What matters in law is who the heirs are under the Civil Code (by will or by intestacy). Common compulsory heirs: legitimate children/descendants, the surviving spouse, legitimate parents/ascendants (if no descendants), and illegitimate children. Siblings inherit only if there are no descendants/ascendants and subject to rules on the spouse’s share.

b) Estate, not the person. When someone dies, a new taxpayer—the Estate of [Name]—comes into being. Bank money belongs to the estate until distributed.

c) Property regime matters (married decedent). Before you compute anything, liquidate the spouses’ community/conjugal property:

Default since Aug 3, 1988: Absolute Community of Property (ACP) unless there’s a prenup.
Before Aug 3, 1988: default Conjugal Partnership of Gains (CPG). Usually, ½ goes to the surviving spouse; only the decedent’s ½ goes into the estate.

d) Taxes apply before release. Under the NIRC (Tax Code, as amended by TRAIN), the estate tax is 6% of the net estate (after deductions). Banks generally require BIR clearance (eCAR/CAR) before releasing funds, subject to limited exceptions.

e) Bank secrecy & freezes. Banks typically freeze accounts upon notice of death and will not discuss or release funds without proof of authority (court order or proper extrajudicial documents + BIR clearance). The BIR may inquire into the decedent’s bank deposits to determine estate tax.

f) Joint accounts & “ITF/for-benefit-of.”

Joint “AND/OR” accounts: the decedent’s presumed share (often 50% if no proof otherwise) is part of the estate. Banks may still freeze until clearance is shown.
“ITF/For-benefit-of/Payable-on-Death” labels do not avoid estate tax and often still require BIR clearance before a bank pays the named beneficiary.

2) The three legal routes to access the money

Route A — Probate (there is a will)

File probate of the will in court.
Court issues Letters Testamentary (or Letters of Administration with the will).
Executor/Administrator inventories assets, secures BIR papers, pays estate tax, gets eCAR, then instructs the bank to release funds to the estate and finally to heirs per the will/court orders.

Use this when: There’s a will (probate is mandatory).

Route B — Extrajudicial Settlement (no will, no debts)

If the decedent left no will and no debts, and all heirs are of legal age (minors must be represented by a judicially-appointed guardian), heirs may settle without court under Rule 74:

Heirs sign a Notarized Extrajudicial Settlement of Estate (EJS) with Deed of Partition (or Affidavit of Self-Adjudication if there’s only one heir).
Publish the EJS once a week for 3 consecutive weeks in a newspaper of general circulation.
Register/annotate as needed (mostly for real property; for bank deposits, keep certified copies for BIR/banks).
File Estate Tax Return (BIR Form 1801), pay estate tax, secure eCAR.
Present the EJS + eCAR and bank requirements; bank releases funds per the partition.

Use this when: No will, no debts (or heirs accept potential liability under Rule 74), and heirs can agree.

Heads-up: Under Rule 74, distributees remain subsidiarily liable to creditors for 2 years after the EJS. If there are known debts or disputes, go to Route C.

Route C — Judicial Intestate Settlement (no will, with debts/disputes/minors)

File an intestate petition in court.
Court appoints an Administrator to gather assets, pay debts, handle taxes.
After estate tax is paid and the court approves distribution, present the court orders + eCAR to the bank.

Use this when: There are debts, disputes among heirs, confidentiality needs, or minor heirs needing a guardian.

3) What banks typically ask for

Expect some combination of:

Death Certificate (PSA).
Proof of identity and relationship (heir’s government IDs; PSA Birth/Marriage Certificates).
Authority papers:
- Probate: Letters Testamentary/Administration + court order.
- EJS: Notarized EJS (or Affidavit of Self-Adjudication), publication proof (3 issues), and sometimes bond/undertaking.
- Judicial intestate: Administrator’s appointment + court order for release.
Tax documents:
- TIN of the Estate (get via BIR Form 1904).
- Estate Tax Return (BIR 1801) + Proof of payment and eCAR/CAR for intangible assets (bank deposits).
- Bank Certificates of Balance as of date of death (banks issue these for BIR; request early).
Bank forms (deceased-depositor claim form, indemnity, signature cards).
Special Power of Attorney (if using a representative). If signed abroad: apostilled.
Guardianship papers (if any heir is a minor).
Passbook/ATM (if available).
Any loan documents with the same bank (the bank can set off deposit vs. the decedent’s bank loan).

Tip: Ask the branch for its exact checklist on Day 1 to avoid repeat trips.

4) Taxes & timing: what to expect

a) Taxpayer: Estate of [Name] (new TIN). b) When to file: The Estate Tax Return is generally due within one (1) year from death (extensions can be granted for meritorious cases—apply before the deadline). c) Rate: 6% of net estate. d) Key deductions (high level):

Standard deduction: ₱5,000,000 (no substantiation needed).
Family home deduction: up to ₱10,000,000 (if conditions met).
Ordinary deductions: claims/debts, unpaid mortgages, losses, casualty losses (rules apply).
Share of the surviving spouse (after liquidating ACP/CPG) is excluded from the decedent’s estate.
Vanishing deduction and other special deductions may apply in limited situations.

e) Bank withdrawals before eCAR? Banks commonly do not allow withdrawals until BIR authorizes or until you present eCAR. There are limited mechanisms where a portion may be withdrawn subject to final withholding to help pay taxes, but this is bank- and fact-specific—expect documentation and coordination with the bank/BIR.

f) Income after death. Interest earned after date of death is income of the Estate (subject to income tax/final withholding), not part of the gross estate at death.

5) Step-by-step playbook (practical)

Secure proof & freeze: Get PSA death certificate; notify the bank (they will freeze accounts).
Identify heirs & property regime: Determine compulsory heirs; liquidate ACP/CPG so you know what actually enters the estate.
Choose your route:
- Will → Probate.
- No will, no debts, heirs all adults and agree → EJS.
- Debts/disputes/minors → Judicial intestate.
Open the Estate at BIR: Get TIN for the Estate (Form 1904) at the RDO of the decedent’s last address.
Ask the bank for “date-of-death balance” certificates (for BIR) and their release checklist.
Prepare settlement papers:
- EJS/Affidavit of Self-Adjudication, notarize; publish for 3 consecutive weeks (keep the publisher’s affidavit & clippings).
- Or pursue court route and get Letters/Appointments.
File Estate Tax Return (Form 1801) with attachments (IDs, PSA certs, bank balance certs, EJS/court papers, etc.).
Pay estate tax (and apply for extensions/installments if needed).
Get the eCAR for intangible assets (this is the magic paper banks look for).
Claim at the bank: Submit eCAR + settlement papers + IDs + bank forms. The bank releases funds to the Estate or directly to heirs per documents/court order.
Distribute per EJS/court order and account among heirs.

6) Special situations (and how to handle them)

Only one heir (e.g., sole surviving spouse). Use Affidavit of Self-Adjudication (still publish for 3 weeks). Estate tax rules still apply.
Minor heir. Courts generally require a guardian; banks may refuse to release a minor’s share without Letters of Guardianship. The minor’s share is usually held/placed per court order.
Heir abroad. Documents signed overseas must be apostilled (Philippines is a party to the Apostille Convention). If not apostilled, consularize.
Disputed heirship or debts show up. Do not force an EJS. Go to court (judicial settlement) to avoid invalid releases and personal liability.
Someone used the ATM after death. That can be treated as unlawful withdrawal. Banks keep logs; expect reconciliation during estate proceedings.
The decedent owed the same bank money. The bank may offset (set-off) the loan against deposits before any release.
Dormant/unclaimed accounts. Unclaimed balances may eventually be reported under the Unclaimed Balances Act; claim early with proper heirship/tax papers.
E-wallets & digital banks (GCash/Maya/others). Treated as intangible personal property—BIR eCAR still applies. Each institution has its own deceased-account process.

7) Clean documentation: model templates (fill-in-the-blanks)

Use at your own risk; edit to your facts and bank checklist. Have a lawyer review before notarization.

A) Request letter to bank (for balance certificate & requirements)

[Date]

The Branch Manager
[Bank], [Branch Address]

Re: Estate of [Full Name of Decedent], Deceased on [Date of Death]

Dear Sir/Madam:

I/we am/are the [heir/surviving spouse/executor/administrator] of the above-named decedent. 
Please (1) confirm all deposit/investment accounts in the name of the decedent (including joint/ITF accounts), 
(2) issue a Certificate of Balance as of [Date of Death], and (3) provide your documentary checklist for 
processing deceased-depositor claims.

Attached are copies of the Death Certificate and my/our IDs. I/we will comply with your requirements.

Sincerely,
[Name/s, signatures, IDs]

B) Affidavit of Self-Adjudication (sole heir)

AFFIDAVIT OF SELF-ADJUDICATION

I, [Name], of legal age, [civil status], [citizenship], residing at [Address], after being duly sworn, state:

1. [Full Name of Decedent], my [relationship], died intestate on [Date] in [Place].
2. The decedent left no will and no debts known to me.
3. I am the sole heir of the decedent under Philippine law.
4. The estate consists, among others, of bank deposits with [Bank/Branch/Account Nos. or descriptions].
5. I hereby adjudicate unto myself the entire estate of the decedent, subject to all lawful liens and claims.
6. I undertake to publish this Affidavit once a week for three consecutive weeks in a newspaper of general circulation.

[Signature over printed name]
[ID details]

SUBSCRIBED AND SWORN to before me this [date] in [place], affiant exhibiting [ID].
[Notary details]

C) Extrajudicial Settlement with Deed of Partition (multiple heirs) – key clauses

Recitals: identity of decedent, date/place of death, no will, no debts, list of heirs (with ages).
Inventory: list bank accounts/time deposits/investments.
Partition: specify who gets how much (or that funds go to the Estate account first, then distributed).
Undertaking: Rule 74 liability, publication for 3 weeks, agreement to pay taxes/fees.
Signatures: all heirs (minors via judicial guardian). Notarize.

8) Common mistakes (and how to avoid them)

Skipping liquidation of ACP/CPG: Always separate the surviving spouse’s share first.
Using EJS despite debts/minors/disputes: This risks invalidation and personal liability. Go to court instead.
Forgetting the 3-week publication for EJS/ASA: Banks/BIR may reject; publish and keep proofs.
Late estate tax filing: Penalties/interest can snowball. If you need more time, apply for extension before the due date.
No guardianship for minor heirs: Banks generally won’t release to minors without court-appointed guardian.
Assuming “ITF/beneficiary” is automatic: Banks still look for BIR eCAR and proof of heirship.

9) A realistic timeline (ballpark)

Week 1–2: Gather PSA certs, IDs, bank checklist; apply Estate TIN; request bank balance certificates.
Week 2–6: Draft & notarize EJS/ASA (if applicable); run 3-week publication; compile BIR attachments.
Week 5–10+: File estate tax return, pay; wait for eCAR issuance.
After eCAR: Submit to bank → release (processing time varies by bank/branch).

(Court routes take longer.)

10) Frequently asked questions

Q: Can I withdraw using the ATM/passbook after death? No. That’s risky legally and will complicate settlement.

Q: Our account is “OR.” Can I take everything? Usually no. Banks freeze upon notice; the decedent’s share (often presumed 50%) is part of the estate and needs proper release.

Q: We can’t find the passbook. The bank can process a lost passbook affidavit. Your authority and tax papers still control.

Q: Do we need a lawyer? Not mandatory for EJS, but highly advisable, especially with multiple heirs, minors, debts, or complex property.

11) Handy checklists

Bank-claim packet (typical):

Death Certificate (PSA)
Heirs’ IDs + PSA proofs of relationship
Authority docs (Probate Letters / EJS + 3-week publication proof / Judicial intestate orders)
Estate TIN, BIR 1801, proof of payment, eCAR for intangible assets
Bank balance certificates (as of date of death)
Bank’s own claim forms, SPA/guardianship orders if needed
Passbook/ATM (if available)

BIR-filing packet (typical):

Estate TIN (Form 1904)
Estate Tax Return (Form 1801)
Death, marriage, birth certificates (PSA)
Proof of property values (bank balance certificates as of death)
EJS/ASA or court papers
IDs, authority to sign, SPA if representative
Payment forms/receipts

Bottom line

To claim a deceased person’s bank assets in the Philippines, you’ll (1) establish who the heirs are, (2) choose the right legal route (probate, extrajudicial, or judicial), (3) settle estate tax and secure the eCAR, and (4) present the bank’s required documents for release. If there’s any wrinkle—debts, minors, disputes, joint/ITF accounts—plan on extra steps (and often, court).

If you want, tell me your situation in one paragraph (will/no-will, heirs, debts, joint accounts, bank names), and I’ll map it to the exact route and documents you’ll likely need.