Arkansas Order Authorizing Petitioner to Open Safe Deposit Box of Decedent

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Multi-State
Control #:
US-01445BG
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Word; 
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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

Section 813. 813. (a) For purposes of a judicial determination, a person has the capacity to give informed consent to a proposed medical treatment if the person is able to do all of the following: (1) Respond knowingly and intelligently to queries about that medical treatment.

Under probate code section 16061.7, when a trust or a portion of a trust becomes irrevocable, the Trustee has a legal obligation to send notice to all legal heirs of the decedent and beneficiaries of a trust within 60 days following the irrevocability of the trust.

California Probate Code section 331(a) requires that the person seeking access to a safe deposit box be in the possession of a key. Further, this individual must provide a financial institution with the following information: Proof of the decedent's death. Reasonable proof of the person seeking access.

(3) Qualified person. ? A person possessing a letter of authority or a person named as a deputy, lessee or cotenant of the safe-deposit box to which the decedent had access.

Items in safe deport boxes are not insured by the bank, so anything you place there should be privately insured if it is valuable. Cash should never be placed in a safe deposit box because it will not be FDIC-protected. You should also make sure that any documents you store there have copies that are kept elsewhere.

(a) A parent of a minor entitled to custody of the minor, the guardian of the estate of the minor, or the person holding the money belonging to the minor may file a petition requesting that the court make an order under this article.

RELEASE OF PERSONAL PROPERTY OF THE DECEDENT: Pursuant to Probate Code 330, the Coroner may deliver the tangible personal property of the decedent in the Coroner's possession to the decedent's surviving spouse, relative, or conservator or guardian of the estate acting in that capacity at the time of death.

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.

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Arkansas Order Authorizing Petitioner to Open Safe Deposit Box of Decedent