Massachusetts Order Authorizing Petitioner to Open Safe Deposit Box of Decedent

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Multi-State
Control #:
US-01445BG
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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

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.

In Georgia, if you die without a will, any assets leftover after your debts are paid off will go to your living relatives. If you have no living relatives, then any assets will go to the state. The law sets out which relatives will inherit your estate. If you have a spouse and/or kids, your whole estate goes to them.

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).

Michigan Law on Opening a Safe Deposit Box After Death The law specifically provides that ?a surviving joint lessee of a joint safe deposit box has full access to the safe deposit box.? So, if two spouses jointly rent a safe deposit box, the surviving spouse will have full access to the box.

Any financial institution contracting with a person for the use of a safe-deposit box or receiving property from a person for safekeeping, upon presentation of satisfactory proof of the death or legal incompetence of such person, shall permit any person named in an order granted by the probate court having jurisdiction ...

Items in safe deport boxes are not insured by the bank, so anything you place there should be privately insured if it is valuable. Cash should never be placed in a safe deposit box because it will not be FDIC-protected. You should also make sure that any documents you store there have copies that are kept elsewhere.

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.

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Massachusetts Order Authorizing Petitioner to Open Safe Deposit Box of Decedent