Updated: November 5, 2022
What would happen to your stock market shares and other investments when you die? It’s a common question that people ask me and below is my usual answer.
First, investments are considered your assets – it is among the list of things that you own – and because it is as such, they become “frozen” when you die.
The cash in the bank, the real estate properties that you own, the company shares in your stock market portfolio, the mutual fund investments that you have, and all other assets under your name become frozen.
In other words, your loved ones cannot withdraw or sell them, and the ownership can’t be transferred to them – well, not just yet.
To unfreeze the assets, the family will need to file a Notice of Death with the Bureau of Internal Revenue within two months after the date of death, and then pay the corresponding Estate Tax within six months one year from the decedent’s death.
The amount of Estate Tax to be paid is based on the value of the Net Estate; that is the present or fair market value of the asset at the time of death less applicable tax deductions, which can, fortunately, go as high as 3 million pesos nowadays. As a formula, it looks like this:
Net Estate Value = Gross Estate Value – Tax Deductions
Update: Under the TRAIN Law, the estate tax rate is now just a flat six percent (6%) from the previous and more complex tiered rate between 5% to 20%. This makes estate tax computation less complicated and more straightforward.
Read more: Estate Taxes Under TRAIN Law
Where will they get the money? They can’t get it from your assets (because it’s frozen), they have to come up with the cash on their own.
This is how life insurance becomes a tool for estate planning because if you have one, your family will immediately receive the cash benefits of your policy, which they can now use to pay the Estate Taxes.
There are other legal matters that need to be addressed when you die, but I won’t discuss them anymore. Sufficient to say that you will need a lawyer, accountant, or a financial planner to assist you if you’re not familiar with the process.
What happens to your investments after estate taxes are paid?
What’s important for you to realize now is that Estate Taxes need to be paid, so the assets and investments can be transferred to your family and heirs.
For the cash deposits in your bank accounts, your heirs will be able to withdraw them.
For real estate properties, the title or ownership will be transferred to your heirs, which will give them the right to sell it, or actually do anything they want with it because it’s now theirs.
For paper assets such as stock market shares, UITF investments, bonds, and mutual fund shares, there are two options for your family:
- Tell the bank or broker to sell the units or shares, and give the cash proceeds to them; or
- Open an account with the bank or broker, and transfer the units or shares to their account
In short, they don’t just disappear; they will, in fact, be given or transferred to your heirs – but that’s assuming they know that those assets and investments exist.
If not, then they won’t be able to pay the corresponding estate tax for them; and the investment will remain dormant and unclaimed until the bank or broker notices and take action according to their terms.
So if you’re not keen on telling your family and heirs about all your wealth while you’re still alive (I know some people do), then the best option is to simply put those facts in your last will and testament.
I hope you learned something new today, if you want further reading, you can check out these two articles below:
- Estate Planning 101: Leaving Behind a Good Legacy To Your Family
- How To Write a Last Will and Testament: Basic Facts and Sample Template
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Photo credit: Eric Huybrechts
Thanks for the valueble info, as always…
Is it true that for life insurance the beneficiaries don’t need to be irrevocable so that proceeds will not be part of the estate (which will then be liable to estate tax)? I was told by an agent basta life insurance the whole cash value is claimable upon death whether beneficiaries are revocable or irrevocable.
Hi Fitz, assuming the account is joint “and/or”, how does the taxation affect the surviving wife or husband. Is it computed as half? Thanks for the informative blog.
In case of joint account for the couple be it in stock or money in the bank, what is the procedure? TIA
@Rowena
The agent is right. Let’s just hope that BIR doesn’t change their mind about that.
@Leo and Ernel
The share in the conjugal property is an applicable deduction. This means the net share of the surviving spouse will not be included in the net estate value (and will not be subject to estate taxes). I’m not a lawyer, please consult one if this is a real concern.
Hi Sir Fitz! Can you recommend somebody to me from Sunlife. I am interested to get an insurance for my Partner. We are both OFW.Thanks.
There must be some money somewhere that my family can use to pay the estate tax in the event that i die because they can not spend my money and investments unless they pay the tax. Now I know.
I want to have life insurance but company can u recommend.? Tnx
Sir Fitz, I was wondering why we pay the estate tax? or bakit may tax pa sa mga naiwan ng namatay. Naiisip ko tuloy ginawa ito sa systema para may pwesto ang mga life insurance sa cycle ng pera. sa life insurance naman, basically naisip ko is pamana ito para sa naiwan, pero mafo-force din na gamitin para sa estate tax. imbes po na panatag ang loob ng mga naulila, mas sasakit pa ang ulo sa paghanap ng propesyonal na babayaran at pag proseso ng mga kailangan.
@Jerich
Unfortunately, that’s how the government system works. It sucks. Really sucks. But that’s reality. All our hard earned money or properties, are government property (very ironic, noh). The more you have, the more government will run after you.
Insurance companies came up with the Life Insurance to ease the burden of the families left behind.
PS. I think I could be a good salesperson for the insurance companies. LOL. NO, I’m happy to be free from corporate world.
Under the internal revenue code, for life insurance proceeds to NOT form part of the gross estate of the deceased (and therefore subject to estate tax), the life insurance policy must expressly stipulate that it designates an irrevocable beneficiary. Thus, it might not be accurate for the insurance sales agent to say that a life insurance policy with a revocable/irrevocable beneficiary will have the same tax benefit as a life insurance policy with an irrevocable beneficiary.
[…] 9. What Happens To Your Investments When You Die? […]
buwagin n ang estate tax , namatay n nga tax pa
Thank you Sir Fitz for this amazing article.
Shared your article.
Hi, you gave a very informative article. Please enlighten us also, what will happen to my stock shares if I bought it as an In-trust Fund for my kid, how will it be transferred to my kid when I leave? thanks, may you continue sharing helpful information..
Hello and warm greetings! Our father who passed in June 2020, did not leave a last will or testament. He has a UTIF( peso money market fund and short term investment fund). The bank froze the account upon his death. We, the heirs, submitted a TIN number to the bank and all proof of relationship to our father ie birth certificates, marriage certificates, death certificates. I have heared from a legal counsel, that with the new Train Law, the most important thing is the 6% withholding of BIR. This means before disbursement of funds to the heirs, 6% will deducted and submitted to BIR. The counsel also said, there is no need for extra judicial settlement, publication and certificate of undertaking. Is this true based on the new Train law? What article or section of the law that states and applies to this case? Thank you for your help.
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[…] The estate tax is a topic for another day. But if you wish to learn ahead, you can check out this post: What Happens to Your Investments When You Die? […]