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 York Petition For Order to Open Safe Deposit Box of Decedent
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US-01444BG
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How to fill out Petition For Order To Open Safe Deposit Box Of Decedent?
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FAQ
Pros and Cons Unlike bank accounts, the contents are not ensured. Safes can only be accessed during the bank's business hours. Contents can still be lost due to fire, flood, or other disasters.
When you lose the key to your safety deposit box, you'll need to contact your bank as soon as possible. They will likely need to drill into the lock so you can access your goods. Some banks can also give you a replacement key you can use if you don't need to access your box right away.
The safe deposit box is a storage space you rent from the bank. Its contents are kept private, and the bank doesn't know what you put in there.
Practical tip: A person does not actually own the box. They lease the box. Because they lease the box, the bank is free to set the ?lease? terms. One of the terms of the lease is that upon the death of any owner, the bank reserves the right to seal the box.
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.
What makes a safe deposit box unique is that it often requires two people to get it open simultaneously, the renter and a bank attendant. Usually the renter holds his key called the renter key and the bank attendant holds a key called the guard key.
The safe deposit box is a long, narrow metal box with two keyholes, and the only way to unlock it is by using both keys at once.