Who Can Access Your Safe Deposit Box in Case of Your Death?

We don’t like to think about what will happen after we’re gone, but planning for it is one of the best ways to take care of the people we love.

One common question we hear at Bassett Murray Law Group, PLLC, is, “Who can access my safe deposit box when I’m no longer here?”

Whether your box contains your will, a cherished family heirloom, or important financial records, making sure the right person has access can save your family from unnecessary stress.

Let’s talk about how safe deposit box access works in Michigan and how you can plan ahead to avoid complications.

Who Can Access Your Safe Deposit Box in Michigan?

In Michigan, the rules about who can access a safe deposit box after someone’s death depend on several factors, like how the box is titled and whether a personal representative has been appointed.

Let’s break it down.

Surviving Joint Lessees

If your safe deposit box is jointly leased meaning you and another person are listed on the lease together the surviving joint lessee can usually access the box immediately after your death.

However, keep in mind that this person has full access to the box, even while you’re alive. It’s important to choose someone you trust completely if you decide to set up joint ownership.

Personal Representatives

A personal representative, sometimes called an executor, is the person you name in your will to manage your estate. In Michigan, a personal representative has the legal authority to access your safe deposit box. Here’s how the process typically works:

• The personal representative must present their appointment papers (issued by the probate court) to the bank.
• They may need to open the box in the presence of a bank officer.
• They’ll sign a document listing the box’s contents to ensure everything is accounted for.

If you’re writing a will or already have one, make sure to discuss with your personal representative where your safe deposit box is located and what’s inside it.

Interested Persons

If no personal representative has been appointed, “interested persons” may petition the court for access. In Michigan, this group might include heirs, beneficiaries, or even creditors.

However, the court only grants access under specific circumstances, like locating a will, burial instructions, or similar essential documents.

For example, if your family cannot find your will but believes it is in the safe deposit box, an interested person could ask the court to allow them to open the box to search for it.

This process can take time, so having an appointed personal representative can help avoid delays.

Fiduciaries

If you’ve created a trust, the trustee named in your trust document might have the authority to access your safe deposit box.

Similarly, guardians or conservators appointed by the court to handle your affairs may also gain access, depending on the circumstances. It’s all about making sure the people managing your assets have the tools they need to do the job.

Responsibilities of a Personal Representative

The personal representative has several important duties when it comes to handling a safe deposit box after someone’s death:

1. They must carefully document what’s inside the box, ensuring nothing goes unaccounted for.
2. They must keep items like jewelry or important documents secure until they are distributed according to the will or Michigan’s intestacy laws (if there’s no will).
3. The personal representative is responsible for keeping family members and beneficiaries informed throughout the process.

By naming a personal representative in your estate plan, you can help simplify the process for your loved ones.

Important Considerations Regarding Safe Deposit Box Access

When planning for safe deposit box access after your death, there are a few key factors to keep in mind.

Date of Death

Michigan law sets different rules for safe deposit box access depending on when the person passed away.

For deaths after October 1, 1993, the rules discussed above apply. If your loved one passed away before that date, it’s best to consult an attorney to understand how the rules might differ.

Joint Ownership

While joint ownership can make it easier for someone to access your box, it has potential downsides.

For example, the joint lessee’s creditors could claim the box’s contents if they run into financial trouble. Always weigh the pros and cons before deciding on joint ownership.

What Happens if a Will Is Expected but Not Found in the Safe Deposit Box?

If your family thinks your will is in your safe deposit box, but it isn’t, they’ll need to explore other possibilities. This might include searching your home or contacting your attorney to see if they have a copy. To avoid confusion, let your personal representative know exactly where your will is stored.

Can a Court Order Be Challenged Regarding the Contents of the Safe Deposit Box?

Yes, disputes can arise. For instance, if someone believes the items in the box don’t belong to the deceased or that a court order granting access was improperly issued, they may contest it. These situations can be stressful, but having a clear estate plan in place can help minimize disputes.

Planning Ahead For Safe Deposit Box Access in Michigan? Contact Bassett Murray Law Group

At Bassett Murray Law Group, PLLC, we’re committed to helping Michigan families protect their legacies. For over 30 years, we’ve provided peace of mind through estate planning that ensures your loved ones are cared for.

Don’t leave your valuable belongings and important documents to chance. Contact us today at 734-930-9200 in Ann Arbor or 231-427-2292 in Petoskey to schedule your consultation. 

We are truly invested in improving your lives. Let us help you secure your legacy.