Idaho Order Authorizing Petitioner to Open Safe Deposit Box of Decedent

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Multi-State
Control #:
US-01445BG
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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

(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.

But in many states, such as Ohio, if an individual is the only person named as the owner of a safety deposit box, then no one else is able to access the box after the individual's death without the approval of the court.

Can a safety deposit box be traced? Yes, this can happen only on rare occasions when a safety deposit box owner is suspected of a crime or dies. A safe deposit box is an essential feature in everyone's financial life.

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.

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.

An executor in Ohio may access the decedent's safe deposit box by providing a certified copy of the death certificate and the decedent's will. If no will exists, or if the will is stored within the box, the executor may still be able to access the box by providing reasonable proof of their interest in the estate.

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.

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.

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Idaho Order Authorizing Petitioner to Open Safe Deposit Box of Decedent