How to access safe deposit box and bank account for deceased

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How to access safe deposit box and bank account for deceased

My father recently passed away and my mother, his ex-wife was named power of attorney. It is my

understanding the divorce nullified her power. He never updated or listed a back up after the divorce. I am his son and named executor of the will, and trying to access his accounts. I am trying to figure

out the quickest and easiest way to access these accounts. Do I need a letter of testimary to probate

the Will or am I able to obtain power of attorney rights and do this?

Asked on May 3, 2018 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't obtain a power of attorney from a deceased person, and any existing powers of attorney lapsed or ceased to exist when your father passed away: only living people can have powers of attorney. You need the letters testimentary from the court as executor: they will confirm you authority over his estate, including right to access the safe deposit box.


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