Legal Question in Wills and Trusts in Florida

You have to petition the court to open the box and remove the Will. You will need an attorney to do this.

See the following Florida statute which allows you to access the box to have the will turned over to the court. I capitalized the specific part that refers to you. The statute can be found at http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search;_String=&URL=0600-0699/0655/Sections/0655.935.html

The 2010 Florida Statutes

BANKS AND BANKING Chapter 655

655.935Search procedure on death of lessee.

�If satisfactory proof of the death of the lessee is presented, a lessor shall permit the person named in a court order for that purpose, or if no order has been served upon the lessor, the spouse, a parent, AN ADULT DESCENDANT, or a person named as a personal representative in a copy of a purported will produced by such person, to open and examine the contents of a safe-deposit box leased or coleased by a decedent, or any documents delivered by a decedent for safekeeping, in the presence of an officer of the lessor.

(1)If requested by such person, the lessor shall remove and deliver only:

(a)Any writing purporting to be a will of the decedent, to the court having probate jurisdiction in the county in which the financial institution is located.

(b)Any writing purporting to be a deed to a burial plot or to give burial instructions, to the person making the request for a search.

(c)Any document purporting to be an insurance policy on the life of the decedent, to the beneficiary named therein.

(2)The officer of the lessor shall make a complete copy of any document removed and delivered pursuant to this section and place that copy, together with a memorandum of delivery identifying the name of the officer, the person to whom the document was delivered, the purported relationship of the person to whom the document was delivered, and the date of delivery, in the safe-deposit box leased or coleased by the decedent.

(3)The lessor may charge reasonable fees to cover costs incurred pursuant to this section.

(4)Access granted pursuant to this section is not considered the initial opening of the safe-deposit box pursuant to s. 733.6065.

History.�s. 65, ch. 92-303; s. 1, ch. 2006-134; s. 67, ch. 2006-213; s. 2, ch. 2010-132.