What are new york state laws regarding safe deposit boxes of deceased individuals?
On One Hand: Only Co-owner or Authorized PersonsIf the deceased has a will, the safe deposit box will be sealed by the bank upon death notification. Unless the deceased had a co-owner when they leased the safe deposit box, or signed an authorization for a specific individual to have access to the safe deposit box, it will remain sealed until the probate process is completed, at which time the deposit box can be opened by authorized parties.On the Other: Court Orders Open BoxesIf a will cannot be located, a person can apply to the courts for an order to open the box in front of bank personnel. The inventory is documented and re-sealed until the estate is finalized. New York law dictates that if a will is found in the safe deposit box, the bank must forward the will directly to the surrogate’s (probate) court upon discovery. The court can order the box opened if it’s believed that a deed to a burial plot might exist in the box.Bottom LineBecause of New York laws that prohibit even immedi