Rhode Island Petition for Appointment of Temporary Administrator in Order to Gain Access To Safe Deposit Box

State:
Multi-State
Control #:
US-01501BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

A safe deposit box may be owned as an individual or jointly. You may want to own one with your spouse, children, or a close family member. During your lifetime, your safe deposit box can be accessed by you, a joint owner, or a Deputy designee.

Texas law allows the decedent's spouse, parent, descendant who is over 18 years of age, or the person who is named as executor in the decedent's will (if the person is able to produce a copy of the will), access to the decedent's safe deposit box.

What makes a safe deposit box unique is that it often requires two people to get it open simultaneously, the renter and a bank attendant. Usually the renter holds his key called the renter key and the bank attendant holds a key called the guard key.

You cannot pass a safe deposit box key to anyone. Only the owner of the safe deposit box has legal access to it. The bank will not allow this at all. You must sign a record of entry, date and time.

Generally, third parties can't access your safe deposit box unless you've given them authorized access (such as by giving them a key and adding their name to the rental agreement).

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Rhode Island Petition for Appointment of Temporary Administrator in Order to Gain Access To Safe Deposit Box