Legal Question in Wills and Trusts in Maryland
Does access to the safety deposit box of a deceased person always require the approval of a court? Or can the box be accessed by legally appointed trustee of the deceased estate, the appointed personal representative of the deceased, or the person appointed with durable, general power of attorney, without a specific court approval?
1 Answer from Attorneys
In Maryland estates are administered by executors called personal representatives.
If the safe deposit box was co-owned, the box and its contents are now accessible by the co-owner who can remove content etc.
If the box was solely owned by the Decedent ONLY the personal representative to his/her estate may gain access. They will need to bring the Letter of Administration appointing them as PR to the bank with ID etc.
The power of attorney ceased to operate once the Attorney In Fact has knowledge of the death and then that person can no longer access the box.
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