Legal Question in Wills and Trusts in Florida
Safe Deposit Box of Deceased
My mother died in 2004. Myself and two sisters are the only surviving heirs. Unknown to us, our mother had a safe deposit box at a local bank. Unlike her checking and savings accounts which were jointly held, the safe deposit box is in her name only. The bank will not grant access and said we have to get a lawyer. How do we prove we are the only heirs and obtain a court order to open the box?
2 Answers from Attorneys
Re: Safe Deposit Box of Deceased
Your county probate court will have a form to use, however, it does not permit you to take any property found.
Re: Safe Deposit Box of Deceased
Despite what the other "attorney" says, it is unlikely that "Your county probate court will have a form to use". You will probably have to hire an attorney. However, the following statute may be of interest to you:
"Florida Statute 655.935 Search 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 the 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 by a decedent, or any documents delivered by a decedent for safekeeping, in the presence of an officer of the lessor; and the lessor, if so requested by such person, shall deliver:
(1) 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;
(2) 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; and
(3) Any document purporting to be an insurance policy on the life of the decedent, to the beneficiary named therein.
No other contents may be removed pursuant to this section."
God bless.