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.
Montana Petition for Appointment of Temporary Administrator in Order to Gain Access To Safe Deposit Box
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FAQ
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.
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.
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.
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.
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 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.
Texas law allows the decedent's spouse, parent, descendant who is over 18 years of age, or the person who is named as executor in the decedent's will (if the person is able to produce a copy of the will), access to the decedent's safe deposit box.