Who controls access to a safe deposit box after death?

When the box renter (the decedent) dies, the rental agreement and bank policies govern immediate procedures, but state probate law determines ultimate ownership and distribution of the box contents. Typically:

• The bank will place a hold on full independent access until it receives identification and proof of the renter’s death (for example, a certified death certificate).
• If the box was held jointly with rights of survivorship, the surviving co-tenant usually has the right to immediate access. If the box listed a named beneficiary or co-lessee, that status can affect access.
• If the decedent named no joint tenant, the bank will usually allow the decedent’s personal representative (executor or administrator) access, but often only after the bank receives appropriate documentation or a court order.

First steps at the bank

When you notify the bank of the renter’s death, expect the bank to:

• Request a certified death certificate.
• Freeze or limit access to the box until the bank determines who has legal authority.
• Offer to open the box in the presence of bank staff and the person claiming authority so the bank can inventory contents or remove certain items (for example, a will) for delivery to the court.

Bring photo ID and any documents showing your role (e.g., letters testamentary or a small estate affidavit) when you go to the bank.

When does a personal representative (executor) need to get involved?

Access and control of box contents generally pass to the decedent’s personal representative once the estate process begins. If there is a will, the personal representative named in the will should be appointed by the probate court and receive letters testamentary. If there is no will, the court will appoint an administrator. Banks commonly require proof of that authority before releasing valuables, selling assets, or transferring property that is part of the estate.

For general information on Washington probate law see RCW Title 11 (Probate and Trusts).

Simplified procedures: small estate options

Washington has simplified procedures for small estates that can speed access to property without full probate. If the estate qualifies under state law you may be able to use a small estate affidavit or other summary process to collect personal property. Check RCW 11.62 (Small Estates) for statutory details and eligibility requirements. Banks may accept a properly completed small estate affidavit as proof of authority to access or inventory the box.

What if you find a will in the safe deposit box?

If a will is inside the box, that document is often critical. Banks commonly permit the will to be removed so it can be filed with the probate court. In many cases the bank will open the box in the presence of the individual who notifies the bank (or the personal representative) to check for a will and other important papers, then deliver the will to the appropriate court or return it to the person with authority.

What if the bank refuses access?

If the bank denies access because they need clearer proof of authority, options include:

• Provide the bank with certified letters testamentary or a small estate affidavit if applicable.
• Ask the probate court for an order directing the bank to allow access or turn over specific items.
• Consider filing a limited action in probate for instructions or turnover if urgent items (for example, a will or time-sensitive document) are inside the box.

Special situations to watch for

• Power of attorney: a POA ends at the principal’s death and cannot be used to access a box after death.
• Joint tenancy: a surviving renter listed as joint tenant generally gets access without probate, but the exact effect depends on the rental agreement and evidence the bank requires.
• Hazardous or illegal items: banks may refuse to hold or deliver items they consider contraband and may have legal obligations to report certain materials.

Typical documents and timeline

You will typically need:

• Certified copy of the death certificate.
• Photo ID for the person seeking access.
• Letters testamentary or administration from the probate court, or a small estate affidavit if applicable.

Banks often act quickly to secure and inventory a box once notified, but the timeline to release or distribute valuables depends on whether probate is required and whether the estate qualifies for simplified procedures.