Safe Deposit Boxes and Decedents

Division 2, Part 10 of the Probate Code deals with immediate steps concerning decedent’s tangible personal property and safe deposit box.

Section 330 provides that a public administrator, government official, law enforcement agency, the hospital or institution in which a decedent died, or the decedent’s employer, may, without the need to wait 40 days after death, deliver the tangible personal property of the decedent in its possession, including keys to the decedent’s residence, to the decedent’s surviving spouse, relative, or conservator or guardian of the estate acting in that capacity at the time of death.

A person cannot deliver property pursuant to this section if the person knows or has reason to believe that there is a dispute over the right to possession of the property. A person that delivers property pursuant to this section requires reasonable proof of the status and identity of the person to whom the property is delivered, and may rely on any document described in law as proof of identity.

Section 331 provides that this section applies only to a safe deposit box in a financial institution held by the decedent in the decedent’s sole name, or held by the decedent and others where all are deceased. Nothing in this section affects the rights of a surviving coholder.

A person who has a key to the safe deposit box may, before letters have been issued, obtain access to the safe deposit box only for the purposes specified in this section by providing the financial institution with both of the specified items. The financial institution has no duty to inquire into the truth of any statement, declaration, certificate, affidavit, or document offered as proof of the decedent’s death or proof of identity of the person seeking access.

If the person seeking access has satisfied the requirements of this section, the financial institution must do all four specified items. The person given access must deliver all wills found in the safe deposit box to the clerk of the superior court and deliver a copy named in the will as executor.