Today’s Dear FineMark comes from a family trying to help settle a loved one’s estate.
“My uncle recently passed away and we’re trying to find his will. Everyone says it’s in his safe-deposit box, but no one in the family is listed on it. We have the key, but the bank won’t let us in. What do we do?”
Signed, Worried Niece
Today’s “Dear FineMark…” question was answered by
Managing Executive-Shell Point, Anna Smith
FineMark Bank & Trust, a division of Commerce Bank, Shell Point
This situation is more common than you might think.
Safe-deposit boxes are often used to store valuable documents like wills, trust papers, and financial records. But here’s the part many families don’t realize: Having the key doesn’t mean you can access the box.
When someone passes away, access is usually frozen until a court appoints a personal representative. That person must present legal documents, like a death certificate and court-issued Letters of Administration or Testamentary, before the bank can unlock the box.
In some states, like Florida, a judge may allow limited access just to search for a will or burial instructions, but even that requires a formal request and documentation.
Banks follow strict procedures to protect the estate. They may require an inventory with a bank officer present, retain copies of any legal documents found inside, and prohibit the removal of items until proper estate steps are completed.
So how can you avoid delays like this?
- Don’t keep the only copy of your will in a safe-deposit box.
- Consider naming a co-renter or titling the box in your trust’s name.
- Keep a list of what’s inside and let your estate attorney or trusted family member know where the box is—and how it’s titled.
The bottom line:
A safe-deposit box is a great way to protect important items—but only if it’s part of a well-thought-out estate plan.
If you’re not sure yours is set up correctly, we’re here to help.
