Order To Open Safe Deposit Box For Deceased Person

State:
Multi-State
Control #:
US-01445BG
Format:
Word; 
Rich Text
Instant download

Description

This order goes along with a petition for an order to open a safe deposit box of a decedent. 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

The Safe Deposit Box Petition free DIY Form program is used to ask the Surrogate's Court to see what is in the safe deposit box of a person who died. The program helps you create the court forms you need to look for a will, burial plot deed, insurance policies and to make a list of all the items inside the box.

For over a century, Chase and other major banks have offered customers secure storage for valuables and important documents. However, after conducting an in-depth review of safe deposit box operations, Chase found that costs had spiraled out of control while customer usage had severely declined over the past decade.

New York banking law provides that access to a safe deposit box must be granted to an Executor, Administrator, Trustee or Guardian. This could be a cumbersome process for those who have no reason to probate or administer an estate other than to access a safe deposit box.

In New York, Surrogate's Court Procedures Act Section 2001 sets forth the rules regarding opening Safe Deposit Boxes. Pursuant to this article, an individual should go to the Court in the County where Decedent died and request a Petition to open the 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.

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Order To Open Safe Deposit Box For Deceased Person