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.
Massachusetts Petition for Appointment of Temporary Administrator in Order to Gain Access To Safe Deposit Box
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How to fill out Petition For Appointment Of Temporary Administrator In Order To Gain Access To Safe Deposit Box?
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California Probate Code 331 controls access to a safe deposit box after the death of decedent. If the decedent owned the safe deposit box with a spouse or another person, then that person will have access to it.
(a) In a proceeding to set aside a nonprobate transfer of community property on death made pursuant to a provision for transfer of the property executed by a married person without the written consent of the person's spouse, the court shall set aside the transfer as to the nonconsenting spouse's interest in the ...
12200. The personal representative shall either petition for an order for final distribution of the estate or make a report of status of administration not later than the following times: (a) In an estate for which a federal estate tax return is not required, within one year after the date of issuance of letters.
(a) In a springing power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred.
To be allowed the right to collect the contents of the box, a petition for letters testamentary (if there is a will) or letters of administration (if there is no will), would need to be brought before the Surrogate's Court.
(a) The court in its discretion may fix the amount of the bond, but the amount of the bond shall be not more than the sum of: (1) The estimated value of the personal property. (2) The probable annual gross income of the estate.
An individual must first be appointed as fiduciary to the deceased person's estate to access and collect the items in the safety deposit box. This is either the executor of the will or an individual appointed by the state if there isn't an executor of the will.
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.