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.
South Carolina 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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Dual control: Two people?usually a bank employee and the renter?are required to open the box. In this way, no one person can ever open the box and remove the contents. Authorized signature: When the safe deposit account is opened, all persons authorized to access the box sign a signature card.
No one is allowed sole access to the box. Certain relatives or a party with a Power of Attorney to Open Safe Deposit Box allowing access may search the box for a last will and testament, insurance papers, or deed to a burial plot.
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.
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 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.
As long as they have a key and are registered as a joint renter, they will be able to access the safety deposit box without any issues upon your death.
During your lifetime, your safe deposit box can be accessed by you, a joint owner, or a Deputy designee. 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.
Petition to Determine Heirs To allow the Court to hold this hearing, an interested party (typically the spouse or child of the decedent) must formally Petition the Court setting forth the heirs or family members, the status of the family members and documents supporting the status and relationships.