California Safe Deposit Box Laws on Death
- A survivor who has a key to a decedent's safe deposit box is allowed to inventory it.dice box image by MLProject from Fotolia.com
Under California law, when a person dies and has a safe deposit box at a financial institution, a survivor with a key to the box can be given access to it for inventory purposes and to retrieve the decedent's will and instructions for the disposal of the remains. - Under California law, any person who has a key to a deceased person's safe deposit box in a financial institution may obtain access to the safe deposit box if he provides the institution with proof of death, such as a death certificate or written statement by a coroner, doctor or hospital where the deceased was treated; and proof of his own identity.
- Once the proof has been established, the financial institution is required to make and keep a record of the identity of the person seeking access, then allow her to open the safe deposit box and inventory its contents while under the supervision of an employee of the institution.
- The financial institution is required to make copies of any wills removed from the safe deposit box and keep the photocopies on file for five years. The institution is allowed to charge the person given access a photocopying fee. After the photocopying has been completed, the person given access is allowed to remove any wills and/or trusts regarding the disposal of the remains.
- The person given access to the safe deposit box is required under the law to deliver all wills found there to the applicable superior court clerk and mail or deliver a copy to the person named in the will as the executor or beneficiary. After this point, the executor or beneficiary becomes responsible for the contents of the box.