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Dan, Retired Lawyer
Category: Family Law
Satisfied Customers: 1164
Experience:  Practice areas included family law, elder law, real estate, and transactions
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My father died recently. There is a will in his safe ...

Resolved Question:

My father died recently. There is a will in his safe deposit box. What so I do next.
Submitted: 9 years ago.
Category: Family Law
Expert:  Dan replied 9 years ago.

You need to contact the bank to ask for their specific policy, but generally my experience is that banks will allow someone with family ties to go in and review the contents of the safety deposit box and inventory the contents. Because no one is yet court appointed as Personal Representative of the Estate, they will not let you take anything out of the box.

If you find the will in the box (as you suspect), my experience is that most banks will take direct possession of the Will and will forward it to the probate court themselves. (Because the will was under their safeguard, they reasonably feel that it is appropriate that they take charge of assuring that the will is delivered to the court. I am aware of some banks turn will turn the Will over to your attorney, if he/she is present, on the theory that as a party sworn to uphold the laws of the state they can be trusted to take the will to the courthouse and file it.

I hope this has been helpful. Let me know if you have any followup questions. If none, please remember to click on the ACCEPT link so that I may receive credit for working on this topic with you. (I'd greatly appreciate it!)

Thank you,



The information provided is general in nature only and should not be construed as legal advice or to create an attorney-client relationship. You should always consult with a lawyer in your state.

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