Thus, if one’s name is on the box, one can achieve access in the same manner as if the Decedent had not died.Īssuming the box is in the name of the Decedent, however,Ģ. Nothing in this section affects the rights of a surviving co holder. This above section applies only to a safe deposit box in a financial institution held by the decedent in the decedent's sole name, or held by the decedent and others where all are deceased. Under California Probate Code § 331 access to decedent's safe deposit box is allowed only as detailed below:ġ. The reader should first review our article on Probate of Estates before reading further. That procedure has been codified in California and is the subject of this article.
How does one gain access to such a box after the person who owned it has died?
Sooner or later the family realizes that they must gain access to such important documents as the Will and Trust that may have been written by the Decedent and often that document is located in a Safe Deposit Box. The time soon after the death of a family member or friend is usually confusing and traumatic with family and friends often required to perform quickly such mundane but vital acts as planning the funeral, paying bills, caring for pets of the Decedent and the myriad details of daily life.
