Many times after a person has died, and before many probate or administration proceedings, a family or individual must inventory a decedent’s safe deposit box. It is a precursor to many proceedings in Surrogate’s Court in NY and can help expedite finding the decedent’s last will and testament and/or previously unknown assets. In New York Surrogate Courts the Application, and Certified Order will run the petitioner a filing fee of twenty six dollars ($26) total.
The Surrogate’s Court Procedure Act 2003, found here, allows for a interested party to open a safe deposit to look for an original will, burial plot deed and life insurance policies. All other items would be inventoried, but kept in the box. A court order will provide strict instructions for what to do with an original will, burial plot deed and any found life insurance policies. It will then the responsibility of the bank manager to make sure that the order is followed.
Some bank managers are unfamiliar with this process and will initially be reluctant to open the box, or will inevitably delay because of this lack of familiarity. I have found that a call from an attorney with a court order in hand helps to expedite this process tremendously. There have been noted cases where banks flat out refuse, but a court order is a court order. Remember that. Because a bank manager is nervous or ignorant to SCPA 2003, it does not restrict your right to inventory the safe deposit box.
