Whether your will should be in a safe deposit box at a bank or elsewhere, such as with your attorney, depends on what your state law says about who has access to your safe deposit box when you die. The recent trend in many states is to make it relatively easy for family members or the executor to remove the will and certain other documents (such as life insurance policies and burial instructions) from a deceased person's safe deposit box. In those states, it might be a good idea to leave your will in the safe deposit box. However, in some states, it may require a court order to remove the will, which can take time and money.
Arizona Petition For Order to Open Safe Deposit Box of Decedent
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FAQ
Did you know that the contents of your safe deposit box are not insured by any bank or the Federal Deposit Insurance Corporation (FDIC)? While a safe deposit box is the best solution for storing your most valuable items, they're not immune to disasters like hurricanes, tornadoes, flood events?and even theft.
Accessing a Deceased Person's Safety Deposit Box Notify financial institutions or banks about the death of the safety deposit box owner. Receive instructions from the financial institution on how to gain entry into the safety deposit box. Obtain court permission to access safe boxes if that is the only recourse.
During your lifetime, your safe deposit box can be accessed by you, a joint owner, or a Deputy designee. A Deputy is someone who can act on your behalf to access the box in your stead. The Deputy designation can be changed at any time by you with written notice to the bank. A Deputy's authority ceases upon your death.
In the event of a customer's death, we are under no obligation to allow access to the deposit box to any person claiming to be the personal representative but may, in our sole discretion, allow access on such terms as we deem necessary if such person produces to us: A certified copy of the Death Certificate.
Essentially, when a person dies, two employees of the bank may open the safe deposit box for a person who claims to be interested in the contents of the safe deposit box. For example, a named personal representative in a Will located in the safe deposit box would qualify as an ?interested person? under the statute.
California law provides that on the death of the box owner, the institution at which the box is located may deliver the contents to certain defined people (including, but not limited to, a ?relative?) if: a) the institution has no reason to believe there is a dispute over the contents; b) the person to whom the ...
If you are trying to find out if a deceased relative had a safety deposit box, your best bet is to search through their financial and legal documents for any clues or references to one. You can also contact the person's bank and ask if they had a safety deposit box.
A personal representative or successor trustee of the decedent's estate shall also have access to the safe deposit box as long as they show the financial institution a copy of the estate planning document that reflects they are the executor/successor trustee of the estate.