Legal Question in Wills and Trusts in California

Safety Deposit Box at Bank

Can bank employees allow a relative access to safety deposit box via locksmith and unsupervised after the box owner is deceased? End result was relative claimed boxes were empty.


Asked on 4/23/08, 2:10 pm

3 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Safety Deposit Box at Bank

It depends upon a number of factors noto apparent in your question, but generally, no. But, even if it was improper, how will you prove what if anything was in the box?

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Answered on 4/24/08, 12:43 pm
Frankie Woo Fiducia Legal

Re: Safety Deposit Box at Bank

Not unless that relative was given authorization by the decedent to have access. That person must show death certificate and a will or trust that designates him or her as the executor or successor trustee. One who is not listed as signatory on the box can still search for a will. If one is found, he may be allowed to remove it for probate purposes, but the bank will keep a copy. Nothing else can be removed from the box. I suggest calling several banks and asking them about their policies regarding safe deposit boxes, so you get a general idea of who can get access.

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Answered on 4/23/08, 3:00 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Safety Deposit Box at Bank

If the relative had the proper authority to collect assets held in the safe deposit box, a bank could grant access.

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Answered on 4/23/08, 4:41 pm


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