Estates valued at $50,000 or less are considered a Small Estate, regardless of whether there is a Will.

To be able to collect items from the safe deposit box, an individual must first be appointed as fiduciary to the deceased person’s estate. If an insurance policy in the deceased person’s name is found, it must be delivered to the named beneficiary.

If a deed to a burial plot is found, the deed must be delivered to the person designated in the court order. If a Will is found, a bank representative must deliver it to the Surrogate’s Court.

At this time, you are only able to examine any documents or items contained inside you are not permitted to remove or collect anything. If you file the Petition to Examine Safe Deposit Box and it is granted, you will receive an Order to Examine Safe Deposit Box that you can then bring to the bank.Ī bank officer will accompany you to open the safe deposit box and will supervise as you create a list (or “inventory”) of the box’s contents. In addition to the Petition, the person filing the petition will also need to submit at minimum a Death Certificate and the applicable fees. This “Petition to Examine Safe Deposit Box” must be submitted to the Surrogate’s Court in the county where the deceased individual lived at the time of death. An individual’s “interest” can include a variety of things, but typically refers to that person’s claim to the estate. In New York, an interested party can petition the Surrogate’s Court to request access to a deceased individual’s safe deposit box, particularly if you expect a Will, burial deed, or life insurance policy will be stored inside. Fortunately, in New York, there is a relatively straightforward process to get permission from the Surrogate’s Court to open a safe deposit box and examine its contents. Opening a safe deposit box is not as simple as bringing a death certificate to the bank. Accessing the safe deposit box can become an especially pressing concern if the deceased individual may have stored their Will in the box. These belongings often include a safe deposit box. When a loved one dies, they can leave behind several accounts and belongings that family or friends will need to sort through. Lynn Chen is a staff attorney for the Planning & Estates Law Project.

Dime savings bank safe deposit box