Safe Deposit Boxes
Accessing a Safe Deposit Box
When a loved one dies, families sometimes discover or suspect that the person had a safe deposit box. These boxes can hold important items, such as a will, insurance policies, family heirlooms, or financial records. But even if you know where the box is and have the key, you cannot simply walk into the bank and open it. Access is not automatic.
Banks are required to protect the contents of safe deposit boxes and adhere to strict rules before allowing anyone access. To avoid legal and financial trouble, you must go through the proper channels.
Having the key is not enough. Only a legal representative is authorized to access the box. Banks will not release the contents of a safe deposit box to family members, even if the deceased person has named them in the will or if they are the deceased person’s child. Only someone with legal authority can gain access. This is typically the executor named in a will or an administrator appointed by the court.
How to move forward:
Gather Proof and Identify the Bank
To open the box, you will need:
- A certified copy of the death certificate
- Court-issued Letters Testamentary or Letters of Administration
- Personal identification
If you are not sure which bank holds the box, look through the person’s records for a bank statement, bill, or entry in a will that references it. If the box was left unpaid for too long, it may have been turned over to the state. In Louisiana, unclaimed property is handled by the State Treasurer. You can check at lacashclaim.org.
Limited Access to Locate a Will or Insurance Policy
In Louisiana, there is a special provision for accessing a safe deposit box solely to retrieve specific documents, such as a will, insurance policy, or burial instructions. This limited access does not require full succession.
To use this exception, bring the following to the bank:
- A certified death certificate
- Your identification
- A notarized affidavit stating your relationship to the deceased and confirming you are only searching for certain documents
Each bank may have different requirements or forms, so call ahead to confirm what they need before showing up.
Do Not Remove Items Without Authorization
Even if you find valuables inside the box, you cannot remove or distribute them without going through the full legal process. Most banks will require you to create an inventory of the contents, sometimes in the presence of a bank officer. These items are considered part of the estate and must be reported during the succession process.
Where to Get Help
If you are unsure how to move forward or need help opening a safe deposit box, a probate attorney can provide clear guidance based on estate law and the court process.
