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.
Alabama Petition For Order to Open Safe Deposit Box of Decedent
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US-01444BG
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How to fill out Petition For Order To Open Safe Deposit Box Of Decedent?
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FAQ
Dual control: Two people?usually a bank employee and the renter?are required to open the box. In this way, no one person can ever open the box and remove the contents. Authorized signature: When the safe deposit account is opened, all persons authorized to access the box sign a signature card.
Under Alabama law, the executor must petition the probate court to gain access to the safe deposit box. Only by receiving a special court order will the executor be able to access the safe deposit box to search for the will, trust documents, burial arrangements, or to create an inventory of the box's contents.
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).
As long as they have a key and are registered as a joint renter, they will be able to access the safety deposit box without any issues upon your death.
If a person dies without a will, a Petition for Letters of Administration may be filed. The petitioner must be a resident of the State and is required by law to acquire a bond that will cover the amount of the estate. Forms are also available in Montgomery County's Probate Court for filing this petition.
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.
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.
If the signers are spouses and the contents are considered their community property, the survivor likely owns the contents. However, for joint signers who are not spouses, whether or not the survivor owns the contents is unclear.