Many people use safe deposit boxes to store important documents and valuables in a safe environment. After the death of a loved one with a safe deposit box in their name, you may be worried about recovering its contents. Yet, even when a safe deposit box is only listed in a deceased individual’s name, you may still gain access to it for reasons listed under California law. This article will explain how to access the safe deposit box of a deceased individual in California.
Who can get access?
Possession of a key is the proximate requirement to access the safe deposit box of someone who has passed. Without the key, you will not be able to access the box without other documents.
Additionally, if there is any chance of a probate battle between relatives of the deceased individual, the possessor of the key should not access the deposit box without an estate attorney present.
How do I get access to the deposit box if I have a key?
If you have the key to a decedent's safety deposit box, proof of the owner’s death and reasonable proof of your identity are required before accessing the box.
The Process
After reviewing the requisite materials, the financial institution where the box is located must—by law—make a record of your identity (presuming you are the individual accessing the box), permit you to open the box under the supervision of an employee, make copies of any wills or trust instruments, and replace any documents removed with the copies.
Aside from the original will and trust disposition documents, nothing else can be removed from the box until the completion of the probate process, which is required by law in California. Additionally, an individual removing any of these documents must deliver them to the appropriate court clerk and provide the executor of these documents with a copy.
Other Considerations
Surviving co-owners such as a spouse maintain the right to access the box as outlined in a legal agreement. After the death of a co-owner, the surviving co-owner(s) should bring a minimum of one witness upon the box’s first opening and make a detailed inventory of the box’s contents in writing, signed and dated by both individuals.
If you are not the estate executor nor have the key, letters testamentary or letters of administration are required to gain access to the box. Without either a key or the letters, you are unable to access the safe deposit box.
