Safe Deposit Box in Florida Probate
What happens if someone dies having a safe deposit? Who can get into the box? Who can remove items from the box? This article discusses some of the challenges associated with a deceased’s safe deposit and the procedures for gaining access to the box’s contents.
Locating a Safe Deposit Box
Unless you already have knowledge, determining whether your loved one has a safe deposit box can be challenging. Hopefully your loved one has included its existence with their other records, last will, or other estate planning documents. You may learn of its existence when you receive a bill from the bank requesting payment for leasing the box. Unfortunately, these bills are usually sent annually. You may be able to learn of its existence by contacting the banks with which your loved one had accounts. However, the bank may be hesitant to share this information without a court order. If you do discover a safe deposit, be sure to note the location of its existence and the box number.
Gaining Access to and Opening of a Safe Deposit Box
Upon learning of a safe deposit box, ask the bank at which it is located about their specific procedures for accessing the box during the probate process. Each institution may have slightly different requirements. You will need to provide the bank with certain documents to prove your authority to access the safe deposit box. These documents may include a certified copy of the decedent's death certificate, Letters of Administration, and a court order authorizing access to the safe deposit box.
Subject to Florida Statute 655.935, Florida Statute 733.6065, provides that the initial opening of a safe-deposit box that is leased or co-leased by the decedent shall be conducted in the presence of any two of the following persons: an employee of the institution where the box is located, the personal representative, or the personal representative’s attorney of record. Each person who is present must verify the contents of the box by signing a copy of the inventory under penalties of perjury. The personal representative shall file the safe-deposit box inventory, together with a copy of the box entry record from a date which is 6 months prior to the date of death to the date of inventory, with the court within 10 days after the box is opened. Unless otherwise ordered by the court, this inventory and the attached box entry record is subject to inspection only by persons entitled to inspect an inventory.
Removal of Items from the Safe Deposit Box
Florida Statute 655.935 provides that 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 co-leased by a decedent, or any documents delivered by a decedent for safekeeping, in the presence of an officer of the lessor.
If requested by such person, the lessor shall remove and deliver only:
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.
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.
Any document purporting to be an insurance policy on the life of the decedent, to the beneficiary named therein.
Keeping in mind that the probate process in Florida can be complex and time-consuming, it is essential to follow all legal requirements and consult with an attorney experienced in Florida probate laws to ensure you are following the proper procedures and meeting all obligations. Legal advice is crucial to navigate the probate process successfully and avoid potential pitfalls.