Illinois Order Authorizing Petitioner to Open Safe Deposit Box of Decedent

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Multi-State
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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

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.

Most states set a dormancy period beginning on the date of the last rent payment, plus additional time for the holder to send a drill notification and await payment. If customers don't respond to the drill notification, the holder may proceed with drilling.

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.

The lessor shall authorize a representative of a decedent's estate or a person designated in a small estate affidavit pursuant to Article XXV of the Probate Act of 1975, upon presentation of letters of office, other applicable court order, or small estate affidavit, to open the box and examine and remove the contents.

If the safety deposit box is held only in the name of the deceased, the financial institution will allow a representative of the Estate to examine the contents. The contents are not permitted to be removed (except the Will) until Letters Probate or Letters of Administration are provided.

A safe deposit lock is a dual controlled two-key lock that requires two separate keys to unlock at the same time. These locks usually have two individual locks in one lock case, requiring both a guard key from the bank employee and a renter key from the box's renter to open the lock simultaneously.

Upon being furnished with satisfactory proof of death of a sole lessee or the last surviving co-lessee of a safe deposit box, the lessor shall open the box and examine the contents in the presence of a person who presents himself and furnishes an affidavit which states that (a) he is interested in the filing of the ...

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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Illinois Order Authorizing Petitioner to Open Safe Deposit Box of Decedent