Safe deposit boxes are often left out of estate planning. Gaining access to them after the original owner’s death can become an expensive exercise in frustration. A recent article from MSN, “My sister and her husband died within days of each other. Their banks won’t let me access their safe-deposit boxes. What now?” offers good advice to prevent this issue for executors and heirs.
Complicating matters for the family was a safe deposit box for a sister’s business left out of a trust. Two other safe deposit boxes were in the trust, and the bank permitted a surviving brother, who was the successor trustee, to access these safe deposit boxes.
The same bank is not allowing the successor trustee to access a checking account owned by a deceased brother-in-law’s business, as it was also not in the trust.
Safe deposit boxes owned by a corporation and not an individual may be fine when the owner is living. However, upon their death, the bank’s rules govern what happens to the safe deposit box and its contents. Safe deposit boxes are typically sealed after the death of the owner until the probate process has begun or been completed. This is why important documents, such as wills, trusts, deeds, powers of attorney, insurance policies and medical directives, should never be placed in safe deposit boxes.
The bank is within its rights to deny access to ensure the contents in the safe deposit box are not delivered to the wrong person. When a person rents a box from a bank, they are governed by the rental agreement between the bank and the person. There is no obligation on the bank’s part to do anything for anyone else.
Including the box within the revocable living trust would have avoided all of these problems. Only the successor trustee has the right to access and control the box. They also have a fiduciary duty to preserve, protect and distribute property following the language of the trust. However, the trust must include the safe deposit boxes. Learn how placing your safe deposit in a trust, similar to putting your home in a trust, can ensure they’re properly managed and protected, avoiding unnecessary delays and complications for your loved ones.
The safe deposit box is not subject to the same rules as a checking or savings account. The FDIC does not insure them, so if the contents are damaged, there’s no insurance to cover any personal items. The FDIC advises consumers to use safe deposit boxes for key documents. However, estate planning attorneys say it’s better to safeguard these documents in a fireproof and waterproof safe at home, so they can be accessed when needed.
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Reference: MSN (June 21, 2025) “My sister and her husband died within days of each other. Their banks won’t let me access their safe-deposit boxes. What now?”