How do I get access into a safe deposit box after someone dies?

When a person in Florida has a safe-deposit box at a bank or credit union, only they or persons they've authorized in writing, can access the box. So what happens if the person dies and no one else is authorized? A Florida attorney can show you where the law provides a solution.

Florida Statutes Section 733.6065 provides that the Personal Representative, or the Personal Representative's attorney, may petition the applicable probate court for access to the box. If the court orders that access be given, then the circumstances for access are regulated by the statute.

The opening and inspection of the box shall be conducted in the presence of any two of the following persons: an employee of the institution where the box is located, the Personal Representative, or the Personal Representative's attorney of record. Each person who is present must verify the contents of the box by signing a copy of the inventory under penalties of perjury. The Personal Representative must file the safe-deposit box inventory, together with a copy of the box entry record from a date which is 6 months prior to the date of death to the date of inventory, with the court within 10 days after the box is opened. 

Because court involvement can delay the access to the box and can incur unnecessary expense, you may wish to have another person authorized to access the box. This involves taking them to your bank, adding their name and having their signature on record.

No Comments

Leave a comment
Comment Information
Email us for a response

We Can Resolve Your Legal Issues

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Location

14497 North Dale Mabry Hwy
Suite 160-N
Tampa, FL 33618

Phone: 813-280-0082 (AT)
Fax: 813-968-9426
Tampa Law Office Map