The death of a spouse is always difficult, and having to deal with bank accounts on top of grief can feel overwhelming. Fortunately, Philippine law provides clear extrajudicial (non-court) procedures that allow the surviving spouse to claim the deceased spouse’s bank deposit without going through lengthy and expensive judicial settlement or intestate proceedings in most cases.

This article explains everything you need to know — when it is possible, the exact requirements, step-by-step procedures, estate tax implications, bank-specific practices, and common pitfalls — updated as of November 2025.

1. Preliminary Questions That Determine the Procedure

A. What is the property regime of the marriage?

Marriages celebrated on or after August 3, 1988 → default is Absolute Community of Property (ACP) unless there is a prenuptial agreement.
Marriages before August 3, 1988 → Conjugal Partnership of Gains (CPG) unless modified.

In both ACP and CPG, money deposited in the bank during the marriage is presumed conjugal/community property. The surviving spouse therefore automatically owns one-half (½) outright (not as inheritance). Only the other half forms part of the deceased’s estate.

B. Is the account a joint account or individual account?

Joint “AND/OR” account (with right of survivorship) → surviving spouse can withdraw 100% immediately upon presentation of the death certificate alone. This is the easiest case.
Individual account in the name of the deceased only → requires extrajudicial procedure (explained below).
“ITF” (In Trust For) or with named beneficiary → very rare in Philippine banks, but if present, the beneficiary can claim directly.

C. Are there other compulsory heirs?

No legitimate children, no illegitimate children, no living parents of the deceased → surviving spouse is the sole heir → simplest procedure (Affidavit of Self-Adjudication).
There are children (legitimate or legally acknowledged illegitimate) → children are compulsory heirs → all must participate or waive.

2. Case 1: Joint “AND/OR” Account – Immediate Withdrawal (Easiest)

Requirements (any branch of the bank):

Original or PSA-certified death certificate of deceased spouse
Valid government ID of surviving spouse
Passbook or ATM card (if any)

The bank will usually release the entire balance within 1–5 banking days. No BIR clearance, no notarized documents, no publication required. This is because of the right of survivorship.

Tip: Most married couples’ savings accounts in BDO, BPI, Metrobank, Security Bank, etc. are opened as AND/OR. Check the signature card or ask the branch.

3. Case 2: Surviving Spouse is the Sole Compulsory Heir (No Children, No Parents of Deceased Alive)

Procedure: Affidavit of Self-Adjudication by Sole Heir

Steps:

Prepare a notarized Affidavit of Self-Adjudication stating:
- Fact of death and date
- That you are the lawful spouse
- That there are no other compulsory heirs (no children, deceased’s parents already dead, no acknowledged illegitimate children)
- That the deposit forms part of the conjugal/community property (½ yours, ½ inherited by you as sole heir)
- List of known creditors (or statement that there are none)
- That you adjudicate the entire deposit to yourself
Secure PSA Death Certificate and PSA Marriage Certificate.
File Estate Tax Return (BIR Form 1801) at the RDO of the deceased’s last residence if gross estate > P5 million (standard deduction). If ≤ P5 million + P10 million family home allowance + medical expenses, etc., estate tax is zero → BIR will issue Certificate of No Tax Due or Acceptance Letter.
Submit to the bank:
- Notarized Affidavit of Self-Adjudication (original)
- PSA Death Certificate
- PSA Marriage Certificate
- BIR Certificate of Tax Clearance / eCAR / Acceptance Letter
- Your valid IDs
- Passbook / bank certificate / statement of account

Banks will release the entire amount. No publication required because there is only one heir and (usually) no real property involved.

4. Case 3: There Are Children or Other Compulsory Heirs (Most Common Situation)

Procedure: Extrajudicial Settlement of Estate (EJS) Among All Heirs

All heirs must agree and sign. Minors must be represented by a judicially appointed guardian or the surviving parent with a Special Power of Attorney.

Steps:

All heirs (surviving spouse + all children) execute a notarized Extrajudicial Settlement of Estate containing:
- Full names, ages, addresses of all heirs
- Fact of death and that decedent died intestate
- Statement that there are no unpaid debts or that all debts have been paid
- Complete description of the bank deposit (bank name, branch, account number, approximate balance)
- Express partition: e.g., “We hereby adjudicate the entire bank deposit to the surviving spouse [name] in consideration of love and affection and her support to the family.”
- Signature of all heirs over their printed names, with two disinterested witnesses
If any heir is abroad → the document must be apostilled (if country is Hague Convention member) or consularized by Philippine embassy/consulate.
Publish the EJS once in a newspaper of general circulation (strictly required by Rule 74, Rules of Court, although many banks waive this requirement when the estate consists only of bank deposits ≤ P1 million). Popular choices: Manila Bulletin, Philippine Star, Daily Tribune.
Secure PSA documents (death certificate, marriage certificate, birth certificates of all children).
File Estate Tax Return (BIR Form 1801) and pay estate tax, if any (6% on net estate after P5M standard deduction, P10M family home, etc.). Obtain BIR electronic Certificate Authorizing Registration (eCAR) or Certificate of Tax Clearance.
Submit to the bank the complete set:
- Original notarized EJS
- Proof of publication (affidavit of publication + clipping) – some banks no longer require this for pure personalty
- PSA certificates
- BIR eCAR / clearance
- Valid IDs of all signatories
- Letter of instruction signed by all heirs authorizing release to the surviving spouse

Processing time: 1–4 weeks depending on the bank.

Alternative that many families prefer (even simpler):
The children execute a notarized Deed of Donation or Waiver of Rights in favor of the surviving spouse. This is combined with the surviving spouse’s claim of her ½ conjugal share + the donated deceased’s ½ share. Many banks accept this combination without requiring full EJS.

5. Estate Tax Implications (As of November 2025)

Standard deduction: P5,000,000
Family home allowance: up to P10,000,000
Medical expenses incurred within 1 year before death: up to P500,000 (with receipts)
If total gross estate ≤ P15 million in practice, estate tax is usually zero.

For bank deposits ≤ P500,000–P1,000,000 (depending on bank policy), many branches will release upon simple affidavit + death certificate + marriage certificate + BIR certification that tax is not due, even without full EJS.

BIR Revenue Regulations No. 6-2019 and subsequent circulars allow simplified procedures for small estates.

6. Bank-Specific Thresholds and Practices (2024–2025)

Bank	Threshold for Simplified Release to Surviving Spouse	Typical Requirements for Amounts > Threshold
BDO	Up to P500,000	Full EJS + BIR clearance
BPI / BPI Family	Up to P1,000,000	EJS or Donation + BIR clearance
Metrobank	Up to P500,000	Full documentation
Security Bank	Up to P1,000,000	Affidavit + Donation acceptable
PNB	Up to P300,000	Full EJS
UnionBank	Up to P1,000,000	Often accepts Deed of Donation
Landbank	Case-to-case	Usually requires full EJS

Always call the branch maintaining the account first — many branch managers exercise discretion for amounts below P1 million, especially if the surviving spouse is elderly.

7. Common Problems and How to Avoid Them

Heirs abroad refusing to sign → you will be forced to file judicial settlement (intestate proceedings).
Unknown illegitimate child appears later → can still claim his/her legitime within 5 years from partition.
Bank insists on court order → escalate to branch head or BSP Consumer Protection Department (complaint is very effective).
Deposit already escheated (10 years unclaimed) → too late; belongs to government.

8. Summary Checklist (Most Common Scenario: Children Exist, Deposit ≤ P2M)

PSA Death Certificate
PSA Marriage Certificate
PSA Birth Certificates of all children
Notarized Extrajudicial Settlement or Deed of Donation signed by all children
Publication (once) – optional in many banks for small amounts
BIR Form 1801 + payment (usually zero) → eCAR or clearance
Valid IDs of all heirs
Letter requesting release to surviving spouse

With these documents properly prepared, 95% of cases are resolved without ever stepping inside a courthouse.

The law favors quick, inexpensive settlement among family members. Use the extrajudicial route whenever possible — it is faster, cheaper, and preserves family harmony. For amounts exceeding P5–10 million or when heirs are in conflict, however, consulting an estate lawyer is strongly recommended.