The affidavit may be used by a person named a personal representative in a will, a person who immediately prior to the death had the right of access to the box, a surviving spouse, a beneficiary under the will, an heir of the person who died if there is no will, or a person who is designated by the person who died in a writing provided to the safe deposit box holder prior to death. The affidavit can be used to search contents of the box for such things as a will, burial plan, funeral insurance, a deed to a burial lot, or documents containing burial instructions. This affidavit can be used solely to access the safe deposit box and while copies of certain documents can be obtained the method does not allow the user to obtain the originals of any materials within the box. The affidavit is a simple one page form and most be presented to the holder of the safe deposit box along with a certified copy of the death certificate of the decedent.Ī third method of accessing a safe deposit box is to present the holder of the safe deposit box with an affidavit in support of search. The draw back to this method is the limitation on the value of the total estate and the fact that the affidavit cannot be used until thirty days have passed from the date of death. The safe deposit box must be listed only in the name of the person who died. The affidavit can be used whether or not the person who died had a Will. To use the affidavit of collection the total value of all property where ever located minus any liens and encumbrances on the property most not be greater than $75,000.00. The affidavit of collection of personal property can be used if the person is a blood relative to the person who died (known as the decedent), or has a legal interest in the decedent’s property. In Minnesota for estates with total assets of less than $75,000.00 an affidavit of collection can be used to access the safe deposit box.
Some safe deposit box holders allow designation of a successor upon death. Therefore, if the individual is provided with a key and permitted access to the safe deposit box they can access the box prior to time of death and prior to when the safe deposit box renter may intend for them to have access to the box.
The downside to providing this type of access to an individual is that the access is not limited to after death. This can be accomplished by having the individual provide a signature card and either providing them with a duplicate key or access to the location where the key is kept. The easiest and quickest way to allow someone access to a safe deposit box is to provide access to that individual through the rental contract with the safe deposit box holder. This article explores various methods to obtain access to a safe deposit box Access to the safe deposit box documents may be accomplished in a number of ways unfortunately, some of the methods may take time and delay other post death activities and decisions. Commonly, documents such as a will, insurance policies, and burial plan documents may be contained in the contents of a safe deposit box. Access to a safe deposit box upon death can be accomplished in a number of ways.
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