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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.
If there is no co-lessee, a court order will be required to enter the box. The first step in obtaining a court order to enter the safe-deposit box is for the Personal Representative to Petition the court to open the safe-deposit box. The Petition has to be filed in a separate proceeding from the probate case.
Unlike joint bank accounts, there is no right of survivorship feature with safe deposit boxes. New York banking law provides that access to a safe deposit box must be granted to an Executor, Administrator, Trustee or Guardian.
Michigan Law on Opening a Safe Deposit Box After Death The law specifically provides that ?a surviving joint lessee of a joint safe deposit box has full access to the safe deposit box.? So, if two spouses jointly rent a safe deposit box, the surviving spouse will have full access to the box.
New York banking law provides that access to a safe deposit box must be granted to an Executor, Administrator, Trustee or Guardian.