How to Access a Deceased Person’s Safe Deposit Box (Florida Attorney Explains)
Many people rent safe deposit boxes to store important and/or valuable items or documents. But what happens to that safe deposit box (and its contents) once the lessee (i.e., the person who rented the box) has passed away?
After the initial grief associated with losing a loved one, it is expected that those close to the decedent will be overwhelmed with a laundry list of practicalities to navigate in the wake of the death. Handling a safe deposit box is just one such thing. While we recommend retaining a probate attorney to best navigate this process on your behalf, this Q&A aims to shed a little bit of light on the process.
What Happens to a Safe Deposit Box if the Lessee Dies?
Unlike in many other states, Florida does not seal a safe deposit box after the lessee’s death. However, the process to enter the safe deposit box can be rather complicated. Though rest assured, the contents of the safe deposit box will not be immediately disposed of or auctioned off to the highest bidder just because its lessee has passed.
Florida law is surprisingly detailed on the process of accessing a safe deposit box belonging to a deceased person. Notably, it is not a simple process. Therefore, it is recommended that you seek guidance from a Florida probate estate lawyer for professional assistance to navigate this matter, and the numerous other matters associated with the loss of a loved one.
Practical Tip: A banking institution will not keep a safe deposit box indefinitely after the lessee has passed. The safe deposit box can be deemed abandoned if its contents have not been claimed for more than 3 years after the lease or rental period on the box has expired. See Section 717.116, Florida Statutes. But don’t worry, there is still a way to recover the contents! At this point, its contents would then be transferred over to the state. This process is called “escheatment.” Once assets have been escheated to the state of Florida, there is a 10-year time period for anyone with a valid claim to collect the funds. See Section 717.129, Florida Statutes.
What Should I Do if I Need to Access a Deceased Relative’s Safe Deposit Box?
While hiring an attorney is recommended to navigate this process (along with countless other legal considerations following the death of a loved one), here is a loose outline on what your next steps may look like:
Determine the Location and Status of the Safe Deposit Box
Confirm where the safe deposit box is located. Ideally, this information will have been told to someone by the decedent, or documents stating such will be found in the decedent’s possessions. Then, identify whether the decedent was the sole lessee of the safe deposit box, or if the safe deposit box was jointly owned.
If you are the surviving lessee of a safe deposit box that was jointly leased, you’ll be able to immediately access the safe deposit box. See Section 655.937, Florida Statues. If you are not the surviving lessee of a safe deposit box that was jointly leased, you may want to notify the joint lessee of the decedent’s death so that they may access the contents of the safe deposit box.
Practical Tip: Oftentimes there are items in a jointly leased safe deposit box which may be owned by only one of the joint lessees. A personal representative will want to ensure that any items owned solely by the decedent are accounted for!
Determine if There is a Personal Representative
If the safe deposit box was leased solely by the decedent, you’ll want to determine whether a personal representative has already been appointed to handle the estate. If a personal representative has been appointed, the personal representative will be responsible for accessing the safe deposit box. See Section 655.936, Florida Statues.
Determine Eligibility to Access the Safe Deposit Box
In the event that the safe deposit box was leased solely by the decedent and there has not been a personal representative appointed by the probate court, you’ll want to confirm that you are one of the eligible individuals who can access the safe deposit box. See Section 655.935, Florida Statues.
Prepare Documentation
After confirming there is not a joint lessee of the safe deposit box or a personal representative appointed to manage the estate, and after confirming that you are eligible under Florida law to access the safe deposit box, gather a certified copy of the decedent’s death certificate, the decedent’s will (if there is one), and proof of your relationship to the deceased (e.g., birth certificate or marriage certificate). Having these documents accessible will be beneficial for many steps following the death of a loved one, including accessing a safe deposit box. Without these documents, you may not be able to move forward.
Notify the Bank
Call the banking institution holding the safe deposit box. You’ll want to inquire about the bank’s specific procedures to access the safe deposit box following the lessee’s death. From there, the employee will likely take down the information of the decedent, as well as your name and relationship to the decedent.
File a Petition to Open (or Search) Safe Deposit Box
While this step is not codified in any Florida statute, it is the likely next step. This Petition should include a statement alleging that the Petitioner is informed and believes that the decedent may have left in the safe deposit box at least one of the following:
A will or codicil of the decedent or a writing described in Section 732.515, Florida Statutes, purporting to identify devises of tangible property;
A deed to a burial plot;
A writing giving burial instructions; and/or
Insurance policies on the life of the decedent.
Other assets (e.g., jewelry, photos, cash, etc.) will not be permitted to be removed at this juncture.
Practical Tip: Preparing and filing a Petition to Open Safe Deposit Box is best handled by an attorney, though it does not necessarily require the filing of a full formal probate.
Provide the Bank with the Required Documentation
At the time and in the manner specified by the bank, turn over any requested documentation. This documentation should mirror the documents listed above, though the bank itself should cover which documents are required when you notify the bank. It is also likely that the bank may require a court order to access the safe deposit box. This will require an additional step that is best handled with the assistance of an attorney.
Open and Examine the Contents of the Safe Deposit Box
After following the bank’s procedures, you should then be able to access the safe deposit box. An employee of the bank where the safe deposit box is located must be present for the initial opening. See Section 655.935, Florida Statues. However, access to the safe deposit box does not equate to your right to remove any contents of the safe deposit box. At this junction, only specific documentation may be removed from the safe deposit box, as listed above.
What Law Governs Florida Safe Deposit Boxes?
The following are sections of the law that are applicable. Other sections not listed here may also come into play, along with pertinent case law on the subject.
Section 655.935, Florida Statues, governs who is eligible to access a safe deposit box after its lessee has passed.
Section 655.936, Florida Statues, governs the delivery of a safe deposit box’s contents and/or property to the personal representative.
Section 655.937, Florida Statues, governs accessing a safe deposit box leased in two or more names, and any issues regarding adverse claims to the contents of a safe deposit box.
Section 733.6065, Florida Statutes, governs the initial opening of a safe deposit box.
Who is Eligible to Access a Safe Deposit Box After the Lessee Dies?
In Florida, a decedent’s spouse, parent, adult descendant, or a person named as a personal representative in a copy of a purported will produced by such person can access a decedent’s safe deposit box. See Section 655.935, Florida Statues.
There are certain probate laws governing how the safe deposit box can be accessed, and what can be done with the contents of the safe deposit box. These rules can vary based on who is accessing the safe deposit box, so it is important to consult an attorney before accessing a safe deposit box of a deceased person. Additionally, a financial institution may have stricter policies in place. For instance, being an eligible individual under Florida law may be insufficient; the bank may also require a court order for liability purposes.
As an Eligible Relative of the Decedent, Can I Remove the Contents of the Safe Deposit Box?
No, being an eligible relative of the decedent may grant you access to a safe deposit box, but does not entitle you to remove the contents of the safe deposit box. Florida law specifies that eligible individuals are permitted to “open and examine the contents of the safe deposit box.” This means that eligible individuals are not automatically granted the right to remove the contents located within the safe deposit box.
However, as the decedent’s spouse, parent, or adult descendant, there are a few documents that may be removed upon first access of the safe deposit box. See Section 655.935, Florida Statues. Additionally, the personal representative may be able to remove other contents from the safe deposit box. See Section 655.936, Florida Statues.
What Items Can be Removed from a Safe Deposit Box?
Before a court issues Letters of Administration, only certain documents may be removed from the safe deposit box, upon request to the lessor (i.e., an employee of the banking institution where the safe deposit box is located). All other documents and/or items must remain (for now). There are also certain stipulations for removing the eligible documents. See Section 655.935, Florida Statues.
The documents eligible for removal prior to the issuance of Letters of Administration are listed as follows:
Any writing purporting to be the decedent’s will or a codicil. This document must be provided directly to the court having probate jurisdiction in the county where the bank is located.
Any writing purported to be a deed to a burial plot or giving burial instructions.
Any document purporting to be a life insurance policy on the deceased's life. However, this document may only be released to the beneficiary named in the life insurance policy.
Can a Personal Representative Open a Safe Deposit Box in Florida?
Yes. Florida law allows the personal representative of the estate with a certified copy of their Letters of Administration to access the decedent’s property in the safety deposit box. However, Florida courts restrict the manner in which the safety deposit box is opened, and what the personal representative can do with the box’s contents. See Section 655.936(1), Florida Statues.
Practical Tip: While the Letters of Administration should technically be enough to grant the personal representative access, many (if not the majority of) financial institutions and Judges in Florida will restrict a personal representative from entering a safe deposit box without a separate court order. To get this court order, the personal representative will have to petition the court. Once the probate Judge signs off on an Order allowing entrance to the safe deposit box, the personal representative will deliver this Order to the banking institution, schedule the initial opening of the safe deposit box.
What is the Procedure for When a Personal Representative Opens a Safe Deposit Box?
In Florida, the initial opening of a safe-deposit box owned by the decedent must be conducted in the presence of any two of the following persons:
an employee of the bank where the safe deposit box is located,
the personal representative of the decedent’s estate,
or the personal representative’s attorney of record.
Everyone who is present at the time the safe deposit box is initially opened must verify the contents of the box by signing a copy of the inventory, which will later be filed with the probate court along with a copy of the safe deposit box entry record. The personal representative will then be permitted to remove the contents of the safe deposit box. See Section 733.6065, Florida Statues.