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.
Oklahoma Order Authorizing Petitioner to Open Safe Deposit Box of Decedent
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US-01445BG
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FAQ
(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.
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.
The answer to this question is, simply, ?No,? although most people including some bank representatives, believe otherwise.
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.
You will need to visit your bank with the person you want to give access to. The person will need to provide their ID and signature. As a result, they will have equal access to the contents of your box. The person will have unrestricted access to your safety deposit box and be considered a joint renter.
If the decedent is the only registered owner of the safety deposit box, then you will need to obtain a court order from the probate court to prove you are the Personal Representative in order to gain access to the 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).
