Basic Information about Opening Safe Deposit Boxes
If you believe that the decedent's will is locked inside a safe-deposit box, you will need a court order allowing the bank or financial institution to open the safe-deposit box for the purpose of removing the will. You can petition the district court for an order allowing access.
This process is strictly limited to the opening of the safe-deposit box for the purpose of removing the will. Nothing else will be permitted to be removed from the safe-deposit box - only the will.
Who can request access to the safe deposit box?
Any of the following can petition the court for an order to open the safe deposit box to obtain the will. Ideally, the person closest to the top of the priority list would make the request to the court.
- Spouse.
- Child.
- Grandchild.
- Other direct lineal descendant (such as great-grandchild, etc).
- Parents.
- Sibling.
- Any family entitled to share in the distribution of the estate.
If you want to file the petition but there are others higher on the priority list than you, you will need their written consent to file with your request. You’ll have to provide the names, ages, relationships, and addresses of all persons who have equal or higher priority than you.
Steps to request an order allowing access to a safe deposit box:
1. Gather information. You'll need to gather a few things before filing.
2. Fill out the forms. There are 3 forms you'll need to fill out.
3. File the forms. File these at the District Court.
4. Wait to receive the signed order. There is usually no hearing.
5. Take the order to the bank. They may charge a fee to open the box.
6. File the will at the court. You'll need to pay a small fee to file it at the court.
Read more about each step below.
1. Gather information.
You will need the name and address of the bank or financial institution where the safe-deposit box is held. It is helpful if you can also obtain the location of the key and box number. You will also need:
- Death Certificate. You will need to attach a copy of the death certificate to your petition.
- Relatives' Consent. If there is a relative higher than you on the priority list of relatives above, you'll need to get their written consent showing they agree for you to file the petition requesting cremation. Ask each relative with higher priority than you to sign and notarize one of these consent forms:
Probate Consent (pdf fillable)
If there is a relative higher than you on the priority list who will not / cannot consent, make sure to explain why in your petition.
2. Fill out the forms
There are 3 forms you must fill out. List yourself as the 'petitioner' and the person who passed away as the 'decedent.'
Cover Sheet (pdf fillable) (select "Other Probate" in section II)
Request for Submission (pdf fillable)
Ex Parte Petition for Order to Open Safe Deposit Box (pdf fillable) - attach a copy of the death certificate to this form.
3. File the forms
File the papers above along with any relative consent forms at the district court in your county. Visit Find My Court if you are not sure where your local district court is located.
The court will charge you a filing fee to file your papers. The fee is different in every county. Find out from your local court what the filing fee will be.
If you cannot afford the filing fee, please see Filing Fees and Waivers to find out how to apply to waive the fee.
4. Wait for the order
Find out from your local court how to turn these papers in to the judge.
There is usually no hearing. The judge will review your papers, and if the judge approves your request, the judge will issue an Order allowing you to open the safe deposit box. The judge's staff might call you to pick up the Order, or they might send the Order to you in the mail.
5. Take the order to the bank.
Take the order to the bank or financial institution for the opening of the safe-deposit box. Some places might request to see the certified copy of the order. If so, you can order a certified copy from the clerk of court for a small fee.
The bank might charge you a drill fee, or a fee for opening up the safe-deposit box without a key. A bank representative will probably watch while the safe-deposit box is opened and make sure that only the will is removed. Anything else you see in the safe-deposit box will have to go through probate administration if needed.
6. File the will at the court.
File the will at the court. There is usually a small fee to file it.
The court may also want you to file an inventory listing the contents remaining in the box if there were other items there. You may need to file another kind of case depending on the value of the assets that need to be distributed.
