Darren Findling of The Probate Pro discusses how to gain access to a safe deposit box with the use of a Petition and Order to Open Safe Deposit Box.
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Legal Disclaimer:
This video is for educational purposes only and is not to be considered legal advice. The Probate Pro, PLC, QuietTitle.com and any other entities of The Darren Findling Law Firm, PLC do not claim to be an “expert” or “specialist” in their legal practice areas.
You want to gain access to a safe deposit box after somebody has died. Hi, I’m Darren Findling of The Probate Pro we're going to cover the process of using the state court administrative order form pc 551 to gain access to a safe deposit box that's held at a financial institution now with all of these SCAO forms state court administrative order forms on the bottom it identifies the form number these forms are readily obtainable by doing google searches or contact my office or through our website we're happy to provide you one also the form identifies the statute as you can see from this floating arrow and with all of these forms the statute gives you guidance on how to use this form pc551 let's examine it well there was a change in law as of October 1 of 1993. so if the death occurred before October 1 of 1993 which is a long time ago this process is done differently because you have to make sure that certain estate taxes were resolved but for everyone after September 30th of 1993 this form can be utilized to gain access to a safe deposit box now I know a lot of people call it a safety deposit box but it's actually a safe deposit box and people often slur that together and just call it a safety deposit box so how does this work well if the safe deposit box is held at a financial institution and there is a joint owner meaning there are two names on it and you have the keys you have every right to access the safe deposit box as a survivor but if it is solely in the name of the individual who died this is the process that you go through to gain access the statute 700.2517 provides that you can gain access to the safe deposit box not to take the contents out not to clear out all of the contents that exist within the box but simply to search for either a will or a burial deed a plot for purposes of burial so often people get confused this form is not able to be used to access the assets or even the contents within the safe deposit box so completing this form and presenting it to a financial institution and then going in does not give you the right to remove the items from the box and bring it home those items have to remain there this just simply gives you the opportunity to peer in to identify whether a will exists or a burial plot burial deed exists and then that item can be utilized and pulled out from the safe deposit box let's work our way through this particular form at the top left you would identify the county in which the individual was a resident when they died and then the case number at the file number you don't put anything there the court will do that for you after you've completed the form and filed it with the probate court at the top you'll see you file the petition in the county where the safe deposit box is located and I had referenced there earlier that you do it in the county in which the person was domiciled and that actually is not correct you do it in the county in which the safe deposit box exists as long as the safe deposit box is in a county in which the probate court has jurisdiction over that individual so that note is really important on that form to understand that for example if the person was a resident of Wayne county but the burial deed or I’m sorry the safe deposit box was in Oakland county you'd actually file this in Oakland county not in Wayne county the next section is to identify the name of the estate this is the name of the person that died and I generally use the language right off the death certificate now sometimes the safe deposit box may be under an another name for example a married name or an alias so if that does occur you want to list the name identified in the safe deposit box and also known as the name that's referenced on the death certificate the next thing is within the petition itself you identified how you're interested in the decedent's estate and what role what status are you making your request and
