Essential Questions Regarding Safety Deposit Boxes and a Loved One’s Death

Safety or safe deposit boxes are used to store valuable or important items such as jewelry, family heirlooms, property deeds, or original copies of a will. Because the contents of these boxes are often financially and emotionally important, questions about who can access them after someone passes away are common

When a loved one dies, family members may not even know whether the person had a safety deposit box or what was inside it. If the box is not listed in a will or estate plan, confusion and disputes can easily result. If you have recently lost someone you love and you anticipate family arguments about a safety deposit box, will, or terms of a trust, speak with a Naperville state planning attorney. We handle every case with sensitivity, care, and the utmost privacy. 

How Safety Deposit Boxes Are Handled After Death

When a person dies, their assets are distributed according to their will or estate plan. If no such plan exists, Illinois intestacy laws determine who inherits. A safety deposit box is considered part of the person’s estate, which means it must go through the same legal process as other assets.

However, accessing the box is not always simple. Banks cannot allow just anyone to open it, even if that person is a close family member. The bank must follow strict state laws before allowing access to the box’s contents.

The Illinois Safety Deposit Box Opening Act

Illinois law specifically addresses how and when a safety deposit box may be opened after its owner’s death. The Illinois Safety Deposit Box Opening Act (755 ILCS 15/1/) provides rules about who can legally access the box and what steps must be taken first.

Under this law, the following individuals may be granted access:

• The executor or administrator of the deceased person’s estate
• A co-lessee who shared ownership of the box
• The spouse, adult children, or other immediate family members of the decedent

The person requesting access must present a certified death certificate and may also need to complete an affidavit stating their relationship to the deceased and explaining why they need access.

If the deceased had an estate plan, the executor named in the will typically takes responsibility for managing the box and its contents as part of the estate. If there is no will, family members may need to go through the probate court to get permission.

Accessing a Safety Deposit Box Through a Bank

Most financial institutions have clear procedures for this situation. Once the required documents are provided, a bank employee will witness the opening of the safety deposit box. The process serves two purposes. First, to check whether the deceased’s will, insurance policies, or burial instructions are stored inside. Second, to take inventory of the contents and document them for the estate’s records.

The bank usually prepares a written record or video of the items removed. In some cases, only specific documents, such as a will or life insurance policy, can be taken out immediately, while other valuables must remain sealed until probate is complete.

Accessing the Box Through Probate Court

If the bank cannot grant access directly, the next step is to petition the probate court for access. The court can issue an order allowing the box to be opened and inventoried under supervision.

This process can take more time, but it ensures that the assets are distributed according to Illinois law and that all heirs are treated fairly. If family members disagree about what should happen to the contents, the court will make a determination based on the will or intestate succession laws.

What if No One Knows About the Safety Deposit Box?

In many families, no one knows the deceased even had a safety deposit box until long after their passing. This situation often comes to light when a bank sends a notice of unpaid rental fees or when relatives go through financial records and discover references to a box number.

If the bank does not receive payment for a long time, the contents of the safety deposit box can eventually be turned over to the Illinois State Treasurer’s Unclaimed Property Division. Once that happens, the items may be listed as unclaimed property, and heirs can search for them through the Treasurer’s online database.

To prevent this problem, those with deposit boxes should make sure their estate plan includes clear instructions about the location of all safety deposit boxes, account numbers, and who should access them in the event of their death.

Should You Include Safety Deposit Boxes in an Estate Plan?

When people think about estate planning, they often focus on big assets like homes, bank accounts, and investments. Smaller details like safety deposit boxes can cause major complications later if they are overlooked.

Including safety deposit boxes in your estate plan helps ensure that your loved ones can locate and access important documents quickly. It also ensures that the contents are properly inventoried and distributed according to your wishes, and there is no risk of property being lost or turned over to the state.

A well-drafted estate plan lists where your safety deposit box is located, what it contains, and who should receive its contents. It also names a person who has legal authority to access it. This person is usually your executor or trustee.

Things to Keep in Mind if You Rent a Safety Deposit Box

While those who take out safety deposit boxes have as many reasons for doing so as they have items to keep inside, there are a few common mistakes to avoid if you plan on taking one out yourself. 

• Not telling anyone about the box: Keeping its existence secret makes it much harder for your family to handle your affairs.
• Storing your will only inside the box: If the will is in the box and no one can open it without a court order, probate becomes more complicated. Always keep a copy elsewhere.
• Forgetting to update ownership: If you open a safety deposit box jointly with a spouse or business partner, review that arrangement regularly. Joint ownership can affect who automatically inherits access rights.
• Assuming access is automatic: Even close family members cannot legally open a box without following proper procedures.

Contact a Naperville Estate Planning Lawyer

At The Gierach Law Firm, our experienced Naperville estate planning lawyer helps individuals and families create comprehensive plans that cover every detail, including safety deposit boxes and other hard-to-find assets. We can answer your questions, review your existing estate plan, and ensure that your wishes are clearly documented and legally protected.

Call 630-756-1160 to schedule a confidential consultation.