LEGAL FORUM

Q: Our mother recently passed away, and we need to open an estate in order to close out her affairs. She said she had a will, but we can’t find it. I think it may be stored in her safety deposit box. The bank will not let us look to see if it is there because my brothers and I are not on the rental account. What can we do?

A: The bank is correct in that only those people who are on the rental account have access to the safety deposit box. You and your brothers will need to produce a court order to the bank to see if your mother’s will is in the box. However, before taking that step, be sure to check all other possible locations where the will may be stored. It may be in a closet, filing cabinet or fire-proof safe in her home, at her attorney’s office, or even on deposit with the Probate Court.Your mother may have asked someone close to her to keep it. If your mother’s will still cannot be located after checking all other possible locations, then you and your brothers should proceed to obtain the Probate Court order to access the safety deposit box. There are generally three forms required to be filed- an Application for Appointment of a Commissioner to Report on the Contents of a Safe Deposit Box, a listing of the next of kin, and consents from the next of kin to the applicant’s appointment. If all of you are in agreement with the selection of the applicant and cooperate, the order can be issued fairly quickly. Without everyone’s consent, the Probate Court will set the application for hearing and allows for the filing of objections to the appointment. The court order will appoint a Commissioner to examine the safe deposit box and to remove the will and codicils from the box for delivery to the Court. The Commissioner will also be ordered to provide a written report of the contents of the box. The Commissioner will generally have thirty days to accomplish this task. After appointment, the Commissioner will present the order to the bank. Usually in the presence of a bank official, the Commissioner will be allowed to access the box, remove the will and codicils and make an inventory. No other property may be removed. If a will is discovered, it is filed with the Probate Court, and the nominated executor can file an application to administer the estate. If there is no will, someone can apply to administer the estate as the Administrator. Either way, the administration of the estate will be able to proceed. Please contact our office to further discuss the circumstances surrounding this estate.

Robert J. DiCello