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In the State of New Jersey, how can a bank safe deposit box…

Customer Question
In the State of...

In the State of New Jersey, how can a bank safe deposit box be opened after the death of the renter? Is there a special procedure to be kept?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

NJ

Lawyer's Assistant: Has anything been filed or reported?

Box was opened. what is the procedure at the opening ?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is there a list of contents made when the box is opened ?

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
9/19/2017
Lawyer: Gerald, Esq, Lawyer replied 11 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,462
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 11 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The personal representative of the Estate of the deceased must obtain letters of authority (also called Letters of Testamentary) from the probate court. The personal representative can then go to the bank with the letters and the bank will open the safety deposit box. The personal representative should take a complete inventory of the contents.

Here is a link to the NJ law:

http://www.njleg.state.nj.us/2014/Bills/A3500/3274_I1.HTM

There use to be a 10 day Notice requirement to the State, but that has been waived. See:

http://www.state.nj.us/treasury/taxation/pdf/Safe_Deposit_Box_notice.pdf

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 11 months ago
Thanks, ***** ***** that before. The box was my brothers, he had no will and no estate. He has a 15yo son. My brother was never married to the childs mother and neither of them had a relationship with my brother. Doesn't the bank have to have a representative there as well ?
Lawyer: Gerald, Esq, Lawyer replied 11 months ago

You can apply to be his personal representative of the estate.

Here is the law for that:

http://law.justia.com/codes/new-jersey/2009/title-3b/section-3b-5

Here are sample directions for you to look at. You need to go to the County where he resided to obtain the letters.

http://www.bergencountysurrogate.com/intestacy.pdf

The Bank representative need not be present any longer. It is up to the personal representative to inventory the contents of the box. If you are the representative you can open it freely.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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