People often put their important documents, like Wills, into a safety deposit boxes for numerous reasons, like keeping that pesky cousin from causing the Will to become “lost.” If your loved one has placed their documents in a safety deposit box, or you suspect they have, you may be wondering how you get in there after your family member has passed away. Let’s chat about that.
First, the banks, out of fear that lawyers will sue them, have rules about letting family members open safety deposit boxes. Banks will not permit someone with an ID and death certificate from rummaging through a safety deposit box. And, the banks hold the keys, so they must be satisfied. Banks will typically want legal proof you can access the box, assuming you do not have the key.
Texas has laws that address access to safety deposit boxes. Specifically, Texas Estates Code Section 151.001 for those of you who like to poke around on the internet for answers. The long story short here is, the judge will need sign an order allowing you to look in the safety deposit box with someone who works at the bank.
Then, if a Will, insurance policy, or burial plot is found in the box, the judge can issue an order that the bank, or whoever has the documents, to hand it over to the county clerk.
Of course, there are some exceptions to this rule for close family members. But again, the bank may decide that they want an order anyway, and you are back to square one.
Please note, this is only to access the box for legal documents. You will not be able to take out jewelry or other items of worth in the box without a different set of legal requirements being fulfilled.
Getting the court involved in any matter is usually a slow process. For example, a colleague of mine described a lawsuit as shooting an arrow that hits a target three years later. Of course, the process of getting access to a safety deposit box does not usually take years, but it could take months, depending on how busy the court is.
For educational purposes only, of course, there are some things people commonly do to avoid this problem.
These are but a few of the things people do to avoid the mess of going to the court to get access to important legal documents inside of a safety deposit box.
Taking care of business while you are alive is the best way to avoid causing a hassle for your loved ones after you are gone. And, yes, they will already be going through a difficult time after your passing. So, let’s not add any more stress if we can. Have these conversations now, take affirmative steps to avoid common pit falls, and talk to a Texas probate attorney if you need specific advice. Save family member from trouble down the road.
For more probate information visit the probate page.
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