The Short Answer

In Florida, access to a deceased person’s safe-deposit box is usually limited until the right person shows the bank the right authority. In many cases, a court-appointed personal representative (executor) can obtain access and remove contents, but the first “official” opening has specific legal requirements.

What Florida Law Says

Florida law draws an important distinction between (1) a limited “search” of a safe-deposit box to look for certain key documents (like a will or burial instructions) and (2) the personal representative’s initial opening and inventory of the box as part of probate administration. Which path applies depends on who is requesting access and what you are trying to retrieve.

The Statute

The primary law governing this issue is Fla. Stat. § 733.6065.

This statute establishes that the initial opening of a decedent’s safe-deposit box must be done with specific people present, requires a signed inventory under penalties of perjury, and requires the personal representative to file the inventory (and a box entry record) with the court within 10 days.

Separately, Florida also allows a limited search of the box after proof of death is provided, typically to locate and deliver certain documents (like a will). See Fla. Stat. § 655.935. And once a Florida personal representative is appointed and presents certified letters of authority, the bank must provide access subject to the initial-opening rules. See Fla. Stat. § 655.936.

Why You Should Speak with an Attorney

While the statutes provide the general framework, applying them to your situation can get complicated quickly—especially when family members disagree, there may be multiple lessees, or the box may contain high-value items or estate planning documents.

• Strict Deadlines: After the initial opening, Florida law requires the personal representative to file the safe-deposit box inventory (and the required entry record) with the court within 10 days. See Fla. Stat. § 733.6065.
• Burden of Proof: Banks typically require “satisfactory proof” of death and will follow the statute closely to avoid liability. If you show up without the proper authority, you may be denied access even if you are a close family member. See Fla. Stat. § 655.935.
• Exceptions and Limited Access: A “search” under Florida law is not the same as taking possession of everything in the box. The law allows removal/delivery of only certain documents in that limited search context, and the personal representative’s broader access generally requires court appointment and compliance with inventory rules. See Fla. Stat. § 655.935 and Fla. Stat. § 733.6065.

Because safe-deposit boxes often contain original wills, deeds, cash, jewelry, or other sensitive property, mistakes can trigger disputes, allegations of missing property, or court intervention. A probate attorney can help you choose the correct legal route and avoid preventable conflict.

If you’re dealing with broader estate access issues, you may also find these resources helpful: What a Florida bank may require to release a deceased person’s records and a personal representative’s responsibilities in Florida probate.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.