Oregon Petition for Appointment of Temporary Administrator in Order to Gain Access To Safe Deposit Box

State:
Multi-State
Control #:
US-01501BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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How to fill out Petition For Appointment Of Temporary Administrator In Order To Gain Access To Safe Deposit Box?

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FAQ

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.

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 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.

Authorized signature: When the safe deposit account is opened, all persons authorized to access the box sign a signature card. The bank allows only those individuals to open the box. From then on, the bank records the signature of any individual allowed to open the box.

Provide an affidavit stating that the individual believes: (i) the box may contain the will of the decedent or a trust instrument creating a trust of which the decedent was a trustor or a trustee at the time of death: (ii) documents pertinent to the disposition of the remains of the decedent; and (iii) documents ...

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.

An individual can rent a box in their name only, or they can add other people to the lease. Co-lessors on a safe deposit box will have equal access and rights to the contents of the box. For example, people who have an addiction, financial, marriage, and/or judgment issues may not be ideal candidates.

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.

Safe deposit boxes often have more than one name listed as owner. When such assets are owned by two or more persons as ?Joint Tenants with a Right of Survivorship,? ?Joint Tenants,? ?JTWROS,? or simply have the word ?or? between their names, some very specific legal rules apply.

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Oregon Petition for Appointment of Temporary Administrator in Order to Gain Access To Safe Deposit Box