Georgia Order Authorizing Petitioner to Open Safe Deposit Box of Decedent

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Multi-State
Control #:
US-01445BG
Format:
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

After the separation gets nasty, one spouse could simply access the safe, take the money, and then deny the money was ever there in the first place. Unlike your local bank, a safety deposit box does not make records of who accessed the money and when.

You will need to visit your bank with the person you want to give access to. The person will need to provide their ID and signature. As a result, they will have equal access to the contents of your box. The person will have unrestricted access to your safety deposit box and be considered a joint renter.

(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.

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.

You will need to visit your bank with the person you want to give access to. The person will need to provide their ID and signature. As a result, they will have equal access to the contents of your box. The person will have unrestricted access to your safety deposit box and be considered a joint renter.

You'll be left alone in private in the vault when you use your safety deposit box. As such, the bank won't know what you put inside your safety deposit box. Banks also won't vet your items which is another reason why safety deposit boxes aren't insured. The bank doesn't even know what valuables are kept inside.

Note: Florida statute 655.936(1) allows the Personal Representative to enter a safe-deposit box without a court order if the Personal Representative presents a certified copy of their letters of administration to the financial institution.

You cannot pass a safe deposit box key to anyone. Only the owner of the safe deposit box has legal access to it. The bank will not allow this at all. You must sign a record of entry, date and time.

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Georgia Order Authorizing Petitioner to Open Safe Deposit Box of Decedent