Safe Deposit Boxes: 
Find your state regulations

Serving as the executor or personal representative of an estate is usually a long, time-consuming process.

In fact, the average family spends ~12 hours a week for about a year!

There are forms to file, assets to collect and appraise, debts to pay, and many other steps involved with estate settlement. In some cases, an executor’s role can resemble that of the detective—searching for clues, piecing together key documents, and rebuilding parts of the puzzle in an attempt to view the deceased’s (or decedent’s) broad estate. 

One component of an executor’s detective work may involve the deceased’s safe deposit box. The boxes, which are commonly rented from banks or credit unions for the purpose of storing valuable items, can also hold key documents that are crucial to the estate settlement process. In some cases, the original will or trust documents may be located in the safe deposit box.

What happens to a safe deposit box when someone dies?

If you think that the executor can just walk into the bank and open the safe deposit box, though, you would be wrong. In many states, safe deposit boxes are “sealed” when the original renter dies. Only a special court order or a lengthy legal process can unseal the box. In other states, providing a few documents to the financial institution is enough to gain access to the decedent’s safe deposit box.

Not sure which scenario resembles the laws of your state? Take a look at our state-by-state guide to understand the legal rules for accessing the decedent’s safe deposit box.‍

What if someone's will is in the safe deposit box?

One of the first things family members need to do is find someone’s will. A will is what allows you to begin the probate process, appoint an executor, get your letters testamentary, and ultimately be able to access things like accounts and safe deposit boxes. 

And if you aren’t quite sure whether your loved one created a will, you should do everything in your power to verify whether the deceased passed away testate or intestate before you petition the probate court to formally begin the probate process. That’s because not having a will means the inheritance will be subject to state intestacy laws, which can change who gets what.

But you may be noticing a catch-22. You need to look everywhere for a will before initiating probate, but you often need your letters from the court proving you have the authority to search the box, which you can’t get without the will.

So what then?

You have two options: 

1. Ask the financial institution for their advice. They should be able to point you in the right direction. E.g. maybe you just need a death certificate and proof you are an immediate relative. ‍
2. If the financial institution can’t let you access it, talk to the local probate court in the county where the deceased permanently resided (domiciled), they can sometimes issue a document that will allow you to open up the box. 

For a more thorough look at that problem, read: What If a Will is Inside a Safe Deposit Box?‍

Safe Deposit Boxes in Alabama

Under Alabama law, the executor must petition the probate court to gain access to the safe deposit box. Only by receiving a special court order will the executor be able to access the safe deposit box to search for the will, trust documents, burial arrangements, or to create an inventory of the box’s contents.

Safe Deposit Boxes in Alaska

As executor of the estate in Alaska, you will need to petition the court to gain access to the safe deposit box. If you believe a will exists but you cannot locate it, you must ask the court to grant you special approval to immediately access the safe deposit box. Any will that is found in the safe deposit box must be delivered to the clerk of superior court.

Safe Deposit Boxes in Arizona

In Arizona, any person who is an interested party in the decedent’s estate may access the decedent’s safe deposit box. Two employees of the financial institution must be present when you are accessing the box. 

The employees will remove any will or trust document and deliver it to the executor of the estate or the clerk of superior court. The employees may also remove any life insurance policies that the decedent held and deliver the documents to the beneficiaries of the policies.

Safe Deposit Boxes in Arkansas

In Arkansas, the executor must petition the probate court to gain access to the safe deposit box. Only by receiving a special court order will the executor be able to access the safe deposit box to search for the will, trust documents, burial arrangements, or to create an inventory of the box’s contents.

Safe Deposit Boxes in California

In California, the executor may access the safe deposit box prior to receiving letters of testamentary or letters of administration. To access the decedent’s safe deposit box in California, you must provide the financial institution with three things:

1. A key to the safe deposit box
2. Proof of the decedent’s death
3. Reasonable proof of the person seeking access
   

Assuming you already have the key to the safe deposit box, the second and third step can be more difficult to achieve. To prove the decedent’s passing, you must provide a certified copy of the death certificate or a written statement of death signed by the coroner, treating physician, or hospital that recorded the death.

To accomplish the third step, all you must provide is proof of your identification (a driver’s license or passport will suffice). You do not need a letters testamentary to receive access.

The financial institution will do all of the following if you seek access to a safe deposit box:

1. Keep a record of your identity
2. Supervise you as you open the safe deposit box
3. Make an inventory of the box’s contents
4. Make a photocopy of all wills and trust documents removed from the safe deposit box, and keep a photocopy of of the wills and trust documents in the safe deposit box until all items are removed from the box
5. Permit you to to remove any wills, trust documents, or instructions regarding the disposition of the decedent’s remains
   

If, as the executor of an estate, you happen to find a will in the safe deposit box, you must give a copy of the will to the clerk of superior court. You must also supply copies of the will to any beneficiaries named in the document. 

You will not be allowed to permanently remove any contents from the safe deposit box upon initially accessing it and taking inventory. The only contents that you will be allowed to remove are the will and trust documents. 

Anyone who does not have a key to the safe deposit and is not the executor will have to obtain letters testamentary from the court to gain access to the safe deposit box.

Safe Deposit Boxes in Colorado

Any interested party of the estate can gain access to a safe deposit box in Colorado as long as it is opened in the presence of the financial institution’s employees.

Any will or trust document found in the safe deposit box must be immediately given to the clerk of superior court.

After receiving approval from the court, the executor may remove the contents of the safe deposit box for distribution.

Safe Deposit Boxes in Connecticut

To access a decedent’s safe deposit box in Connecticut, the executor must petition the probate court to receive a special court order. Once the court order is granted, the executor may then access the safe deposit box to search for a will, trust documents, burial deed and instructions, or to create an inventory of the property within the box.

Safe Deposit Boxes in Delaware

Any interested party of an estate in Delaware can gain access to the safe deposit box, but the interested party must supply both a certified copy of the death certificate and letters testamentary to gain access to the box.

Letters testamentary must be obtained through the court and often require a will to obtain.

Safe Deposit Boxes in Florida

Florida law states that an executor, decedent’s spouse, decedent’s parents, or any heir may access the decedent’s safe deposit box without a court order. The executor must supply a certified copy of the death certificate to the financial institution where the box is kept in order to access the box’s contents. The executor may remove any will or trust documents, deed to a burial plot, burial instructions, or life insurance policies. Will documents must be directly delivered to the clerk of court in the county in which the financial institution is located.

Safe Deposit Boxes in Georgia

Georgia law requires that a court order must be obtained before the executor may access the contents of the safe deposit box. The court order is mandatory regardless of whether or not the executor possesses the decedent’s last will and testament.

Safe Deposit Boxes in Hawaii

In Hawaii, an executor cannot access the decedent’s safe deposit box without providing letters testamentary or a court order. Unfortunately, this process can take weeks and delay the estate settlement process.

Safe Deposit Boxes in Idaho

Idaho and Hawaii have similar laws governing access to safe deposit boxes. In Idaho, the executor cannot access the decedent’s safe deposit box without providing letters testamentary or a court order. Unfortunately, this process can take weeks and delay the estate settlement process.

Safe Deposit Boxes in Illinois

Illinois law states that any interested party in the estate may access the decedent’s safe deposit box. To access the box, the interested party must provide both a certified copy of the death certificate and an affidavit to the financial institution where the box is located. The affidavit must either prove the identity of the interested party, state that the will is located in the safe deposit box, or state that special burial deeds or instructions are stored within the box.

Safe Deposit Boxes in Indiana

Indiana law provides a clear structure for the executor to access the decedent’s safe deposit box. To access the box, the executor must either provide letters testamentary, a court order, or a special affidavit to the financial institution where the safe deposit box is located. 

The affidavit must contain the following information:

• The name of the decedent and the date of the decedent’s death
• A statement explaining whether the decedent died testate (with a will) or intestate (without a will)
• The name of the county where the decedent lived before their passing
•  A statement that the executor has begun the probate process or has not yet received letters testamentary
• A statement that the executor is authorized to obtain access to the safe deposit box
  

Safe Deposit Boxes in Iowa

Under Iowa law, the executor may receive access to the safe deposit box by providing either the decedent’s will or letters testamentary. If neither the will or letters testamentary can be obtained, the executor must petition the probate court to grant a court order authorizing access to the safe deposit box.

Safe Deposit Boxes in Kansas

Any party who has an interest in the decedent’s Kansas estate may be granted access to the safe deposit box. To access the box, the interested party will be asked to provide a certified copy of the death certificate, photo identification of themselves, and either letters testamentary or an affidavit attesting to their role in the decedent’s estate.

Safe Deposit Boxes in Kentucky

Under Kentucky law, the executor may receive access to the safe deposit box by providing both a key to the box and a certified copy of the death certificate. The executor may only receive access for the purposes of obtaining the will, trust documents, or the burial deed and instructions.

Safe Deposit Boxes in Louisiana

An executor in Louisiana must provide letters testamentary to the financial institution where the safe deposit box is located to receive access to the box. 

If the executor did not receive letters testamentary because he or she does not possess the will, or if it is believed that the will is in the safe deposit box, the executor can petition the court to grant a special order allowing access to the safe deposit box.

Safe Deposit Boxes in Maine

To gain access to the safe deposit box in Maine, an executor must provide letters testamentary and a certified copy of the death certificate to the financial institution where the safe deposit box is located. 

If the executor did not receive letters testamentary because he or she does not possess the will, or if it is believed that the will is in the safe deposit box, the executor can petition the court to grant a special order allowing access to the safe deposit box.

Safe Deposit Boxes in Maryland

An executor in Maryland will not need to obtain a court order to access the safe deposit box if they are solely searching for will or trust documents. 

If the executor is already in possession of the will or trust documents, a court order must be obtained before the contents of the safe deposit box can be accessed.

Safe Deposit Boxes in Massachusetts

According to Massachusetts law, an executor may only access a safe deposit box after the decedent’s death for the sole purpose of searching for a will or trust document.

The executor may need to file a special petition with the probate court to receive access to the safe deposit box.

Safe Deposit Boxes in Michigan

In Michigan, any party who has an interest in the decedent’s estate must petition the probate court to open a safe deposit box to search for a will or burial deed. 

To petition the court, the executor must know the name of the financial institution and location of the branch where the safe deposit box is located.

The executor must also know the box number to petition the court. Once a court order is given, the executor may then access the contents of the safe deposit box.

Safe Deposit Boxes in Minnesota

To access a safe deposit box in Minnesota, the executor must provide both a death certificate and an affidavit. 

The affidavit must attest to the fact that the box may contain will or trust documents, burial deeds and instructions, or property that must be inventoried. No court order is necessary to receive access to the decedent’s safe deposit box.

Safe Deposit Boxes in Mississippi

Unless a court order is obtained, an executor in Mississippi must wait six months after the decedent’s passing before access to the safe deposit box will be granted.

After six months, the executor or any other interested party may access the box by providing:

• a certified copy of the death certificate
• proof of their own identity
• and a sworn affidavit containing the decedent’s name, date of death, and the county where the decedent lived at the time of death

The affidavit must also contain a statement that no court order has been granted or is still pending.

Safe Deposit Boxes in Missouri

Missouri law allows an executor to access the decedent’s safe deposit box for the purpose of searching for the decedent’s will, trust documents, or burial deeds and instructions. The box must be accessed in the presence of two employees of the financial institution where it is located.

Safe Deposit Boxes in Montana

Under Montana law, the executor must petition the probate court to gain access to the safe deposit box. Only by receiving a special court order will the executor be able to access the safe deposit box to search for the will, trust documents, burial arrangements, or to create an inventory of the box’s contents.

Safe Deposit Boxes in Nebraska

The executor, decedent’s surviving spouse, or any heirs may access the safe deposit box after the decedent’s death. To access the box, the interested party must provide both a death certificate and an affidavit. The affidavit must attest to the fact that the box may contain will or trust documents or burial deeds and instructions.

In Nebraska, no court order is necessary to receive access to the decedent’s safe deposit box.

Safe Deposit Boxes in Nevada

In Nevada, the executor may only access the decedent’s safe deposit box through a court order. Unfortunately, this process can take weeks and can delay the estate settlement process. If you'd like to get a head start, though, consider working through a customized step-by-step list using Atticus. It's the fastest and cheapest way to get through all of the things you need to do when someone passes, and it's a great way to organize everything. You can check that out here.

Safe Deposit Boxes in New Hampshire

New Hampshire law requires that the original renter of the safe deposit box must leave a written statement stating that the executor may have access to the box after the renter’s death.

The written statement should be filed with the financial institution where the safe deposit is located. Unless such a written statement exists, the executor will not be granted access to the safe deposit box until a court order is obtained. 

Safe Deposit Boxes in New Jersey

In New Jersey, any party who has an interest in the estate may access the safe deposit box by showing a copy of the decedent’s death certificate and by possessing a key to the safe deposit box. The only items that may be removed are any will or trust documents, social security information, and life insurance policies. 

Safe Deposit Boxes in New Mexico

For New Mexico, if you are the decedent’s executor, spouse, parent, or adult descendant, you may access the decedent’s safe deposit box in the presence of an employee of the financial institution. A court order is not needed to access the safe deposit box, provided that you have some way to prove who you are and how you have an interest in the decedent’s estate. 

The only items that may be removed from the box in the presence of the employee are any will documents, deeds to burial plots and burial instructions, and any insurance policies. The will documents must be delivered to the clerk of court, and the insurance policies should be distributed to the named beneficiaries. 

Safe Deposit Boxes in New York

In New York, any party who has interest in the estate must petition the court to access the safe deposit box after the decedent’s death. After a court order is granted, the executor may then access the safe deposit box. 

As executor of the estate, you may remove the contents from the box once the court has granted you approval to distribute the estate’s assets. If you find a will or trust documents in the box, you must deliver the documents to the clerk of superior court.

Safe Deposit Boxes in North Carolina

If you are the appointed executor of an estate in North Carolina, you do not need an official of the clerk of superior court to be present to open the safe deposit box. You will need to be present with a bank representative to access the box, as both the key of the decedent and the bank key will be necessary to open the box.

Once the box is open, an inventory of the items within the safe deposit box must be completed. Copies of the inventory should be provided to the bank and your loved one’s family. If a will is found in the safe deposit box, it must immediately be filed with the superior court.

Safe Deposit Boxes in North Dakota

The executor, decedent’s surviving spouse, or any heirs may access a safe deposit box in North Dakota after the decedent’s death. To access the box, the interested party must provide both a death certificate and an affidavit. The affidavit must attest to the fact that the box may contain will or trust documents or burial deeds and instructions. A court order is not required to receive access to a decedent’s safe deposit box.

Safe Deposit Boxes in Ohio

An executor in Ohio may access the decedent’s safe deposit box by providing a certified copy of the death certificate and the decedent’s will. If no will exists, or if the will is stored within the box, the executor may still be able to access the box by providing reasonable proof of their interest in the estate. If no proof can be provided, a court order must be obtained before access to the safe deposit box will be granted.

Safe Deposit Boxes in Oklahoma

An executor in Oklahoma may access the safe deposit box for the sole purpose of searching for will or trust documents. If the executor already possesses the last will or trust documents, then a court order must be obtained before access to the safe deposit box will be granted.

Safe Deposit Boxes in Oregon

Any interested party of the decedent’s Oregon estate may access the safe deposit box after the decedent’s passing. To receive access, the interested party must provide a certified copy of the death certificate and an affidavit stating the belief that contains will or trust documents, burial deeds and instructions, or other key documents. Once the box is opened, the executor must take inventory and deliver any will or trust documents to the clerk of superior court.

Safe Deposit Boxes in Pennsylvania

State law requires that the executor provides written notice to the Pennsylvania Department of Revenue at least seven days before entering the safe deposit box. A copy of the notice must also be provided to the financial institution where the box is located. Before accessing the safe deposit box, the executor must give a sworn statement to the financial institution that the notice was given to the PA Department of Revenue. 

At least seven days after filing the notice, the executor may access the safe deposit box for the purpose of taking an inventory of the box’s contents, removing will or trust documents, or removing burial deeds and instructions. Within twenty days after accessing the safe deposit box, the executor must return a completed Safe Deposit Box Inventory Form REV-485 to the PA Department of Revenue.

Safe Deposit Boxes in Rhode Island

The executor may access the safe deposit box after the decedent’s passing by providing a certified copy of the death certificate. In most cases, a court order or letters testamentary are not required for the executor to access the box in Rhode Island.

Safe Deposit Boxes in South Carolina

Any interested party in the decedent’s South Carolina estate may access the safe deposit box after the decedent’s passing without a court order or letters testamentary. Any will or trust documents, burial deeds or instructions, and life insurance policies may be removed from the box.

Safe Deposit Boxes in South Dakota

South Dakota law rules that the safe deposit box may be opened at any time after the decedent’s death by the executor of the decedent’s estate. Other interested parties in the estate may access the safe deposit box but must possess the key to the box. Any will or trust documents, burial deeds or instructions, and life insurance policies may be removed from the box.

Safe Deposit Boxes in Tennessee

In Tennessee, the executor of the estate has 60 days following the decedent’s death to request access to the contents of the safe deposit box. The executor must have a copy of the will to prove that he or she is the estate administrator. If the will is within the safe deposit box, the executor will need to obtain a special court order to gain access to the box.

After 60 days, the financial institution will grant permission to the decedent’s surviving spouse or any next of kin for the purposes of taking inventory and removing the contents of the safe deposit box.

Safe Deposit Boxes in Texas

In Texas, the executor can easily access the safe deposit box by producing a copy of the will to show that he or she is named as the estate administrator. Other interested parties may also be able to access the safe deposit box by proving their identification. If the will is within the safe deposit box, the executor will need to obtain a special court order to gain access to the box.

Safe Deposit Boxes in Utah

Utah law requires that an executor must have letters testamentary before accessing the decedent’s safe deposit box. Unfortunately, letters testamentary may be difficult to obtain without a will. If the will is in the safe deposit box and not accessible, then the entire probate process might be lengthened. That doesn't mean there isn't anything to do, though. There is a lot, and you can start knocking through things here.

Safe Deposit Boxes in Vermont

In Vermont, the executor may only access the decedent’s safe deposit box through a court order. Unfortunately, this process can take weeks and can delay the estate settlement process.

Safe Deposit Boxes in Virginia

Any interested party of a Virginia estate may be given access to the safe deposit box for the sole purpose of searching for a will or trust documents. Unlike other states, the only reason that access will be granted is to search for testamentary documents — if a will already exists, no access to the safe deposit box will be granted until court approval is obtained.

Safe Deposit Boxes in Washington

In Washington, the executor may access the decedent’s safe deposit box for the purpose of removing a will, burial documents, or life insurance policies. In all other cases, the executor will need to obtain a court order before receiving access to the decedent’s safe deposit box.

Safe Deposit Boxes in West Virginia

To access the decedent’s safe deposit box in West Virginia, the executor must provide both a certified copy of the death certificate and letters testamentary. The executor will not be able to access the safe deposit box without those two documents.

Safe Deposit Boxes in Wisconsin

Wisconsin is a lot like Virginia — any interested party of the estate may be given access to the safe deposit box for the sole purpose of searching for a will or trust documents. The only reason that access will be granted is to search for testamentary documents. If a will already exists, no access to the safe deposit box will be granted until court approval is obtained.

Safe Deposit Boxes in Wyoming

To access the safe deposit box of the deceased in Wyoming, you must provide both a certified certificate of death and letters testamentary to the financial institution where the box is located. Upon gaining access to the box, you may make an inventory of the box’s contents and remove the contents to prepare for distribution.

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