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.
California Order Authorizing Petitioner to Open Safe Deposit Box of Decedent
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US-01445BG
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How to fill out Order Authorizing Petitioner To Open Safe Deposit Box Of Decedent?
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FAQ
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.
The safe deposit box is a storage space you rent from the bank. Its contents are kept private, and the bank doesn't know what you put in there.
If the property remains unclaimed and is classified as abandoned, the bank may be required to transfer the contents of the safe deposit box to the state treasurer or unclaimed-property office in a process called escheat.
A safe deposit box is not a deposit account. It is storage space provided by the bank, so the contents, including cash, checks or other valuables, are not insured by FDIC deposit insurance if damaged or stolen.
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.
Accessing a California Safe Deposit Box If you are named as a joint-holder on the account, you will have to give the bank a copy of the deceased person's death certificate. You may also need to show your copy of the safe deposit lease and photo identification.
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 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.
