After executing a trust, it is not unusual for the creator of the trust to place the document in a safety deposit box at their bank or in a personal safe at their home or office. Who can access a decedent’s safety deposit box will depend on the ownership of the box. Many decedents share safety deposit boxes with their spouses, who are considered joint owners. As such, they likely will have a key to access the box.
If the safety deposit box was owned only by the decedent, then it can still be accessed, but only by the executor or administrator of their estate, who will require both a certified copy of the decedent’s death certificate and a proof of identity to access the box, according to California Probate Code section 331. Note that it is ideal to to try to locate the key to the safety deposit box, or you could end up paying the bank hundreds of dollars to unlock it.
If the safety deposit box is in the trust’s name, it’s possible the decedent provided the bank with a copy of the trust in order to open the safety deposit box. In that case, the successor trustee should have no problem accessing the box by presenting the bank with a certified copy of the settlor’s death certificate and proof of their identity.
Accessing the decedent’s home or office safe could be more complicated than accessing a safety deposit box at a bank, unless, of course, the decedent had told someone (e.g., their spouse or child) the combination. If they hadn’t, the executor or administrator may need to reach out to a locksmith to try to gain access.
