We have discussed this issue several times in the past and during many conferences with clients. Basically, unless you have valuables that must be stored in a lock box at a bank, we do not recommend using safe deposit boxes.
As banks have become larger and larger, they have become harder and harder to deal with when a decedent has a safe deposit box. Many banks are requiring Letters Testamentary, court orders, or similar documents in order to surrender the contents of a safe deposit box, even if it was joint and there is a surviving spouse. This is true even if you can prove by a bill of sale or other documentation that you own the property in the box.
The concern of banks is that they may turn over valuable contents to the wrong party. For certain items such as Wills, life insurance policies, and deeds to cemetery plots, they can turn these over to certain individuals upon proof of death and the relationship of the individual to the decedent. For other items in the safe deposit box, it is not so easy. By requiring Letters Testamentary or similar documents, they are asking for you to open up a probate estate and have a Personal Representative appointed. This can be an unnecessary multi-thousand dollar task. Probating a Will and getting a Personal Representative appointed requires administration of the estate through the court.
In order to avoid the issues, you should not have a safe deposit box unless you have items such as valuable jewelry, gold, silver, etc. that need to be locked up and you do not have an adequate home safe. If you must have a safe deposit box at a bank, then make sure a trusted family member or friend also has access to it.
If you have questions about accessing a decedent's safe deposit box, or any other probate or estate planning questions, give us a call at 253.858.5434 to see how we can help. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.