In this case, one must first file a petition with the Surrogate’s Court asking for permission to inventory the contents of the safe deposit box, usually under the supervision of a bank officer. To probate or administer the decedent’s estate, the original must be presented to the Surrogate’s Court. Making matters more complicated, the Last Will and Testament of the decedent may be in the safe deposit box. This could be a cumbersome process for those who have no reason to probate or administer an estate other than to access a safe deposit box. New York banking law provides that access to a safe deposit box must be granted to an Executor, Administrator, Trustee or Guardian.
Unlike joint bank accounts, there is no right of survivorship feature with safe deposit boxes. Many people who own safe deposit boxes as joint owners, for instance a husband and wife, mistakenly believe that the surviving owner has free access to the contents of the box after the death of the first owner. Surprisingly, this practice applies even in situations where there are joint owners. It is common practice in New York for banks to “seal” a safe deposit box upon the death of an owner. Di Costanzo: Can my spouse access our jointly owned safe deposit box after my death?
