Is There a Will in a Safe Deposit Box?

It is common for a Will or Trust to be stored in a safe deposit box. But what happens when the original box owner passes away? And there is no other joint owner of the box? Who can retrieve the Will or Trust? Or even see if there's a Will or Trust in the box?

Banks are notorious for restricting access to safe deposit boxes when the original box owner has died. California law addresses this issue by allowing a person in possession of a key to a safe deposit box to see if the box contained estate planning documents.

California Probate Code Section 331 authorizes a person who has the key to a safe deposit box of a deceased person to have access to the box, even before any action has been taken with the probate court.

The financial institution shall first obtain proof of the decedent’s death and reasonable proof of the identity of the person seeking access.

The person may then:
1. open the box (under the supervision of an officer or employee of the financial institution),
2. make an inventory of the contents,
3. remove instructions for disposition of the decedent’s remains, and
4. after copies have been made and placed in the box, remove wills and trust instruments.

Except for the disposition instructions, wills and trust instruments, no other contents shall be removed under these provisions. The person shall deliver all wills found in the box to the clerk of the superior court, and mail or deliver a copy to the person named as executor.