Short answer

When a Maryland resident who rented a safe deposit box dies, the box and its contents remain the decedent’s property and generally become part of the decedent’s estate. Banks normally will not give immediate free access to the box. Access typically requires proof of death plus proof of authority to act for the estate (for example, the original death certificate and letters of appointment from the Register of Wills). If the box was rented jointly with rights of survivorship, the surviving co-renter may gain access more quickly. If there is a dispute or no one has authority, a court order may be required.

Detailed answer — How Maryland law and bank practice usually work

1. Ownership and the estate

Contents of a safe deposit box belong to the person who rented the box (the decedent) unless property in the box is jointly owned with a survivorship right or is otherwise titled. After death, those items generally become assets of the decedent’s probate estate and are subject to the will, to the rights of heirs under intestacy rules, and to creditors’ claims until properly administered.

2. Bank policies and common practice

Banks in Maryland follow internal policies and federal/state rules about safe deposit boxes. Common practices include:

• Refusal to give immediate access to the box unless presented with documentation showing legal authority (for example, letters of administration or letters testamentary).
• Allowing inventory or supervised opening of the box in the presence of the bank and the personal representative, sometimes with a bank employee present to record contents.
• Permitting access if the box was jointly rented and the surviving joint renter’s name appears on the rental contract; joint renters with rights of survivorship commonly can continue to exercise the rental agreement.
• Sealing the box contents if the bank is not satisfied someone has authority — the bank may petition the court for guidance in contested situations.

3. Who can get access and when

Typical access scenarios in Maryland:

• Named surviving joint renter on the rental agreement: usually can access the box promptly (subject to the bank’s verification).
• Personal representative (executor or administrator): after appointment by the Register of Wills and presentation of letters of appointment, the personal representative has the authority to access and remove items that belong to the estate.
• Spouse or family member without letters: may be denied access until the proper probate paperwork is presented or a court order is obtained.

4. Probate, letters of appointment, and small estate options

To obtain formal authority to collect estate assets, someone usually files the will (if any) with the local Register of Wills and petitions to be appointed personal representative. Once appointed, the personal representative receives official documents (often called “letters of administration” or “letters testamentary”) and can present these to the bank to gain access to the safe deposit box.

If the estate is small, Maryland has procedures that can avoid full probate (for example, small estate/disposition procedures). These procedures may allow limited collection and distribution of personal property without full administration — which can sometimes be used to gain access to a box or to retrieve specific assets. See the Register of Wills and Probate pages for details and forms for your county: Maryland Register of Wills and general probate information: Maryland Courts – Probate.

5. If the bank refuses or there is a dispute

If the bank refuses access and the person seeking access believes they have a right (for example, they are the executor named in the will), the next steps commonly are:

• Provide the bank with the required documents (death certificate, official letters of appointment).
• If documents are not accepted, ask the bank for its written policy and the precise reason for refusal; banks sometimes require a court order for contested items or for boxes with potential third-party claims.
• File a petition in the Register of Wills or the probate court asking for an order granting access or for instructions to the bank. The court can order the bank to open the box or to turn over specific property.

6. Practical timeline

There is no fixed statewide timeline; however, expect the following:

• Immediate: bank will verify death and the rental agreement, and may temporarily deny access.
• Within days to weeks: if the personal representative is already appointed or the surviving joint renter is documented, access can be granted after presentation of the required paperwork.
• If probate or a court order is needed: the time depends on how quickly the Register of Wills can issue letters or how quickly the court sets a hearing — this can take weeks to months.

7. What the personal representative should do with the contents

Items removed from a safe deposit box by a personal representative should be inventoried and safeguarded. Valuable items, original records, and documents relevant to estate administration (wills, deeds, securities, insurance policies) should be identified and used in the probate process as appropriate. The representative must preserve estate property for creditors and beneficiaries and follow Maryland probate rules about inventory and distribution. For general probate guidance, see: Maryland Courts – Estate Administration.

Helpful hints — Practical steps for family or personal representatives

1. Find the safe deposit agreement and keys. Determine whether the box was solely rented, jointly rented, or listed by the bank as a joint tenancy.
2. Locate the decedent’s will (if any). If the will names an executor, file it with the local Register of Wills promptly.
3. Contact the bank branch where the box is rented. Ask about the bank’s written policy for handling boxes after death and what exact documents they require (death certificate, letters of appointment, ID).
4. Apply to the Register of Wills for letters of administration or testamentary if you are the proposed personal representative. The Maryland Register of Wills page explains local procedures and forms: https://www.mdcourts.gov/registers.
5. If the estate is small, ask the Register of Wills about small estate procedures that may allow retrieving property without full probate.
6. Keep a written inventory and safe custody of items taken from the box. Photograph items and keep receipts for any valuables sold or deposited.
7. If the bank refuses access or a third party claims an interest, consider asking the court for instructions or an order to the bank.
8. When in doubt, consult an attorney experienced in Maryland probate and estate administration for complex or contested cases.