Colorado Order Authorizing Petitioner to Open Safe Deposit Box of Decedent

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

(3) After the appointment of a personal representative or special administrator for the decedent, the personal representative or special administrator shall be permitted to enter the safe deposit box upon the same terms and conditions as the decedent was permitted to enter during his OR HER lifetime.

(1) A surviving joint lessee of the safe deposit box, upon the presentation of proof of the individual's status as a joint lessee. (2) The personal representative of the individual's estate, upon the presentation of letters testamentary or letters of administration.

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.

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.

§ 11-105-501. Safe deposit boxes - leasing and subsidiary company. (1) Subject to such rules as the banking board may prescribe, a bank may maintain and lease safe deposit boxes and may accept property for safekeeping if, except in the case of night depositories, it issues a receipt therefor.

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).

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Colorado Order Authorizing Petitioner to Open Safe Deposit Box of Decedent