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.
New Mexico Order Authorizing Petitioner to Open Safe Deposit Box of Decedent
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How to fill out Order Authorizing Petitioner To Open Safe Deposit Box Of Decedent?
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FAQ
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.
(1) A surviving joint lessee of the safe deposit box, upon the presentation of proof of the individual's status as a joint lessee. (2) The personal representative of the individual's estate, upon the presentation of letters testamentary or letters of administration.
New York banking law provides that access to a safe deposit box must be granted to an Executor, Administrator, Trustee or Guardian.
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).
If you own property jointly with someone else, and this ownership includes the "right of survivorship," then the surviving owner automatically owns the property when the other owner dies.