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, you may be worried about recovering its contents. Yet, Texas law permits certain individuals to access safe deposit boxes to examine important documents after the death of a loved one. This article will explain how to access the safe deposit box of a deceased individual in Texas.
Who can get access?
Surviving spouses, parents, descendants older than 18, and executors of a deceased individual’s will can access the safe deposit box of a decedent. Surviving co-owners also maintain the right to access the box given they follow the process below.
The Process
These individuals are only permitted to remove the decedent's will, burial instructions/authorizations, and proof of life insurance. No other documents or possessions may be removed until the completion of the probate process or the appointment of an executor.
Additionally, an employee from the financial institution where the box is stored must supervise the entire process no matter the individual accessing the box. Any documents removed from the box must also be delivered to the appropriate court clerk for the probate process.
Other Considerations
Banks may deny the previously described individuals access to a safe deposit box. In such a case, a court order is required to gain access. To obtain a court order, survivors must file an application with the appropriate probate court. The court order allows the filer to access the safe deposit box and examine the necessary documents. The court may also allow the filer to remove certain assets/valuables but will require these to be delivered to the court.
