Dealing with the aftermath of a loved one’s passing can often be a bewildering process. If you suspect that the deceased had an estate plan, such as a trust or a will stored in a safety deposit box, and you have access to the key, read on to discover the steps involved in gaining access to these crucial documents.
Safety deposit boxes are typically held at financial institutions, including banks, money service businesses, telegraph companies, casinos, or card clubs. Knowing the location of the safety deposit box is the first step. The next question that arises is how to gain access to and open the box. California Probate Code § 331(a) provides the guidelines for accessing a safety deposit box with a key. To do so, you must provide:
- Proof of the decedent’s death, which can include a death certificate or a written statement of death from a coroner or medical professional.
- Reasonable proof of your identity, such as an identification card or driver’s license issued by the Department of Motor Vehicles during the last five years, a passport issued by the Department of the State of the United States during the last five years, or a document issued within the last five years containing a photograph, a description of the person (including date of birth, gender, height, eye color, and address), the person’s signature, and a serial identifying number.
- Acceptable documents may include a foreign government passport stamped by the United States Immigration and Naturalization Service, an identification card from a state other than California, or an identification card from any branch of the United States armed forces.
Once you have assembled the necessary documents, you should visit the financial institution where the safety deposit box is located. There, you will need to report the decedent’s death and identify yourself as the heir, Executor of the decedent’s will, or Administrator of the decedent’s estate. Under the supervision of an employee, you may be given permission to inventory the items in the safety deposit box. However, you must make a photocopy of the original will or trust before leaving the institution, leaving the copy in place of the original document(s). It’s important to note that you cannot remove anything other than the will or trust without proper authority.
After retrieving the original will or trust, it must be lodged with the Superior Court of California in the county where the decedent was domiciled. Additionally, you must send a copy of the will or trust to any person named by the decedent as their executor or beneficiary, as per California Probate Code § 1215.
If you do not have a key to the safety deposit box, gaining access becomes more complex, but not impossible. In such cases, you can request either Letters Testamentary or Letters of Administration from the Superior Court of California in the county where the decedent was domiciled or owned property.
For Small Estates:
For estates valued under $184,500.00, for which probate is not required, a notarized Small Estate Affidavit, along with the aforementioned proof of death and identity, should be sufficient to claim the contents of the box if you are the account’s named beneficiary or a successor in interest to the decedent. In cases where there are multiple heirs, it’s best to provide both proof of identity and a notarized signature on the Affidavit for each heir. You can find the Small Estate Affidavit form here: https://www.courts.ca.gov/documents/Affidavit_personal_property.pdf.