To speak with an experienced probate law attorney, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

Once a will has been created by a testator, it is vitally important that the testator keep the will safe from any damage or destruction.  It is also important that this safe place be a place that he or she can remember.  A will, although made up of only pieces of paper, should be treated in the same fashion and with the same care that an individual treats their most valuable possessions.

It is commonplace when thinking about storing valuable possessions, for an individual to believe that the safest and most secure place to store these items would be in a safety deposit box in a local bank branch.  In actuality however, storing a will in a safety deposit box can be a decision which could extend the probating of an estate by weeks, if not months.

When an individual passes away, an original copy of his or her will must be submitted to the local Probate Court, along with a copy of the death certificate.  If the will is contained in a safety deposit box, only the signatories associated with the safety deposit box are allowed to enter the box and remove its contents.  If there are other individuals listed as signatories on the safety deposit box other than the deceased, a problem obtaining the will is most likely avoided as one of the signatories can obtain the will and provide such to the executor.  However, the problem surfaces when there are no additional signatories on the safety deposit box other than the deceased.

If family members of a deceased find themselves in a situation in which they believe that a deceased loved one’s will is stored in a safety deposit box without a presently living signatory to the box, a petitioner must apply to the Probate Court for an Order granting permission to enter the safety deposit box for the express purpose of locating the will.  To accomplish this, Probate Court Form PC-203, Petition/Access to Safe Deposit Box to Obtain Will/Cemetery Deed, must be completed and filed with the Probate Court.   In order to apply for such an Order from the Probate Court however, the petitioner must be either the spouse of the decedent, the next of kin of the decedent, or a person having an interest in the presence of a will or cemetery deed.  An individual claiming such an interest will have to explain, under the penalties of perjury, the basis for such an interest under the will claimed by that individual.

In Probate Court Form PC-203, the petitioner must represent that the decedent died as a resident of the district of the Probate Court where such form is being filed, and that there may be a safety deposit box in the sole name of the decedent.  Further, the petitioner must specify the bank at which he or she believes such a safety deposit box may exist.  The Probate Court will review the petition and may issue an Order allowing the petitioner access to the safe deposit box at the bank specified, for the express purpose of obtaining the will, should it be reasonable that the will may be contained within that safety deposit box.

While a safety deposit box may be a safe and secure place for an individual to store their valuables, storing a will along with those valuables can create a litany of issues and delays for the probating of an individual’s estate upon their death.  In order to avoid such delays, it is advisable to always have a second signatory, or authorized individual named on the safety deposit box who would have access to the contents.  A second, and perhaps more efficient solution, is for an individual to keep their will in a fire proof safe located in their home and provide a key or combination to the safe to family members, or to the individual(s) he or she has named as executors within the testator’s will.

The creation of wills as well as the probating of an estate can be a confusing and emotional time for many people.  If you are an individual who wishes to create a will, or if you are an executor faced with the handling of an estate of a deceased loved one, contact the experienced attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.