This approach might eliminate the probate issue and could turn out alright if the named joint holder is also the named executor or personal representative of a person’s will.

Other than their spouse, a person may be tempted to simply add a child or another loved one as a joint safe deposit box holder. Of course, this will result in a lengthy delay and a needless headache. If a person seeking access to a safe deposit box doesn’t have a key, and is not the administrator, they will be required to get special permission (called letters testamentary or letter of administration) from the probate court to get access. While, a written signed statement of death by the coroner, treating physician, or hospital may be used in lieu of a death certificate if one is for some reason not readily available, there is not an easy substitute for not having a key. Other items can only be removed by a designated personal representative of the estate. It is important to note that only testamentary documents (a will or trust) can be removed from the safe deposit box. The bank then must provide access, allow an inventory to be made, and is required to make photocopies of all documents removed from the box. California law basically requires that a person requesting access to a safe deposit box provide a death certificate, a driver’s license (or other valid identification), and be in possession of a key. This will be essential to ease the process with the bank.

Provide a key to the person you wish to have access.

So what can you do to prevent this from happening? Even if a safe deposit box is known to exist, banks may not be the most cooperative when it comes to allowing family to access it. The unfortunate result is that the very valuables and documents originally sought to be protected end up inaccessible, hidden, or unclaimed.

Surviving family members might not know a safe deposit box exists or where to locate it. The unintended consequences could be devastating or at the very least frustrating for your family in settling your affairs and estate. While safe deposit boxes are commonly used to protect valuable items and important documents (such as a insurance policies, a will, or a trust), it is just as common to overlook what will happen to that safe deposit box after you die. Never fear, you are not alone if you don’t know the answer. Do you know how to access a safe deposit box after the death of a loved one?

Bank safe deposit box rules