How to get access to a safe deposit box when both signees are dead

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to get access to a safe deposit box when both signees are dead

I am executer for my mothers estate. She had a safe
deposit box with another person. The other person
died before my mother. The bank says I cannot get
access without a death certificate for the other
person, which I dont believe I can get under DE law.
Any options?

Asked on January 26, 2018 under Estate Planning, Delaware

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  If you are the executor of your Mother's estate that gives you the right to the same access she would have had in life, which means access to the box.  I think the bank official was incorrect.  Take your letters testamentary, make a copy and have a lawyer send a letter or ask the Surrogate (Judge in Probate Court) to issue an order allowing access. The issue that the bank has is they do not know whose stuff is whose and do not want to be liable for you taking the other person's things and state law will tell you how that works.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption