Wisconsin Order Authorizing Petitioner to Open Safe Deposit Box of Decedent

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Multi-State
Control #:
US-01445BG
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Word; 
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Description

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.

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FAQ

Michigan Law on Opening a Safe Deposit Box After Death The law specifically provides that ?a surviving joint lessee of a joint safe deposit box has full access to the safe deposit box.? So, if two spouses jointly rent a safe deposit box, the surviving spouse will have full access to the box.

In the event the sole lessee or all lessees as joint renters named in the lease agreement covering a safe deposit box rental shall die, the lessor by contract may accept the following additional duties: The safe deposit box may be opened at any time thereafter, in the presence of persons claiming to be interested in ...

(1) The personal representative shall collect, inventory and possess all the decedent's estate; collect all income and rent from decedent's estate; manage the estate and, when reasonable, maintain in force or purchase casualty and liability insurance; contest all claims except claims which the personal representative ...

The original Will, Codicils and any other testamentary documents must be delivered to the court. If there is no will, the decedent's heirs receive the property. Wisconsin Law defines who the heir is when there is no will.

Stat. Sec. 856.05, the original Will for every deceased person shall be filed with the Register in Probate within 30 days of death. If a probate proceeding is required, you may file the original Will at the same time that you file the initial documents to open the administration.

If you die without a will in Wisconsin, any assets you have that are subject to probate will pass ing to what are called ?intestacy laws.? These laws dictate to the court how a person's assets are to be divided among their surviving spouse and descendants.

In the state of Wisconsin, an executor, legally termed a "personal representative," is the individual appointed by the probate court or named in a will to manage a decedent's estate.

Wisconsin Law requires the filing of the original Will for every deceased person.

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Wisconsin Order Authorizing Petitioner to Open Safe Deposit Box of Decedent