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Accessing Joint Safe Deposit Box After Death

I have a joint safe deposit box with my wife. My wife recently passed away and the bank will not give me access to the box. They say that they need letters of testimony before I can access the box. Are they correct? What law states this?


What the bank is probably looking for are "letters testamentary," often referred to as "letters of appointment," which are court papers appointing you (or someone else) as the legal representative of your wife's estate. Each state has laws and regulations that cover safe deposit box leases, and determine surviving lessees' access rights after the death of one or more joint lessees. Sometimes these requirements are found in the state's tax laws. The lease contract establishes rights and responsibilities of access when the state law is silent, or when it permits variation by contract.

Ask the bank exactly what it requires, and why. If you are not satisfied with the bank's answer, you may need to obtain legal assistance to gain access to the box.

Published on BankingQuestions.com 7/28/07