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.
Mississippi Petition for Appointment of Temporary Administrator in Order to Gain Access To Safe Deposit Box
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FAQ
Access to safe-deposit box upon death of sole lessee or last surviving co-lessee; definitions; order of priority; documentation required; rights and responsibilities of persons granted access; liability protections to financial institutions. (1) Definitions.
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.
The answer to this question is, simply, ?No,? although most people including some bank representatives, believe otherwise.
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).
A safe deposit box is not a deposit account. It is storage space provided by the bank, so the contents, including cash, checks or other valuables, are not insured by FDIC deposit insurance if damaged or stolen. Also, financial institutions generally do not insure the contents of safe deposit boxes.
If the signers are spouses and the contents are considered their community property, the survivor likely owns the contents. However, for joint signers who are not spouses, whether or not the survivor owns the contents is unclear.
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 own your safe deposit box individually, you may wish to appoint a Death Designee.
Technically, Florida Statutes allow a Personal Representative who has been issued Letters of Administration to enter the safe-deposit box without a court order; however, many Judges in Florida will restrict a Personal Representative from entering a safe-deposit box without a separate court order.