I Think The Will Is In The Safety Deposit Box. What Do I Do Now And Where Should I Keep My Own Will?

Some people chose to keep their Will in a safety deposit box in the bank. The good and bad thing with this is that only they have access to the safety deposit box. The good is that it ensures the Will is safe and won’t be lost or stolen. The bad is that when they die, the bank won’t let anyone access the safety deposit box to get the Will. Luckily, there is a process by which one can get a court Order to give to the bank for access to the safety deposit box.

A petitioner for such an Order would request one from the Surrogate’s Court in the county of which the decedent died a resident of. The petitioner can be either the nearest surviving distributee of the decedent, the believed named executor in the Will, or anyone else with an interest in the estate. The petitioner must know where the safety deposit box is located and have reason to believe it contains the will.

Once the court issues an Order, you are permitted to examine the safety deposit box in the presence of an officer of the bank. If the box contains the Will, the bank is required to file it with the Surrogate’s Court. In addition to the Will, a deed to a burial plot or an insurance policy with a named beneficiary is allowed to be removed. The petitioner is also allowed to make a copy of papers regarding the decedent’s wishes as to the disposal of their remains. Most importantly, an inventory of all contents of the safety deposit box must be made and signed by both the petitioner and the officer to be filed in court. After ascertaining whether the safety deposit contains the Will, a probate or administration petition must then be filed to commence the settlement of the estate. It is always important and efficient to hire a knowledgeable lawyer to assist in obtaining an Order from the court to get into a safety deposit box.

To avoid this delay in the settlement of your estate when you pass, perhaps consider keeping your Will in a more accessible place. A safe place is necessary to protect your Will from being destroyed by disgruntled family members or friends but also equally necessary is for it to be a place where the executor can access without burden when you pass. It is wise to keep all important documents in your life in one place and inform a select few where that is in case they need to access them in times of need.