Requests for access to a safe deposit box after the death of the box owner must be referred to a Personal Banker (PB) or Client Experience Manager (CXM).
When the bank is notified of the death of a renter, the associate must request a certified copy of the death certificate from the remaining renters (if any), the Personal Representative, or the family member requesting entry to the box.
A copy of the original death certificate must be maintained in the renter’s Safe Deposit Box (SDB) client file with the Safe Deposit Lease Contract. Place a caution flag on the renter’s contract file.
Click on the tabs for further instructions on allowing access to the safe deposit box after the death of the safe deposit box renter.
Joint Surviving Member(s) Access
Unrestricted access by any surviving joint renters is permitted.
Deputy Access
If the deceased client was the sole renter of the box, access by the Deputy is denied.
If the deputy qualifies as a family member, refer to the section below: Access by Spouse, Parent, or Adult Descendant of Decedent.
If any other joint client is alive and competent, access is permitted for the deputy as well as the remaining clients.
Access by Spouse, Parent, or Adult Descendant of Decedent
Florida and Alabama Offices
Without a court order, access may be granted to the spouse, parent, or adult descendant of the decedent for specific, but limited purposes. An adult descendant who is a child, grandchild, or great-grandchild, either natural or adopted who has attained the age of eighteen or older is allowed access. Stepchildren and other step-family members are not allowed access. The spouse or descendant must supply satisfactory proof of their identity and their relationship to the decedent.
Georgia Offices
A court order is required to gain access to the safe deposit box of an individual deceased renter. Access to the box of the decedent will be granted to the person named in the court order to open the box in the presence of a Bank Officer. Obtain a copy of the court order prior to allowing access to the box.
Steps to Follow for All States
After determining the individual is permitted to access the box, the box may be opened by the individual, after signing the Access Card. The individual will sign their own name and the nature of their relationship, such as a spouse, son, daughter, per court order.
- The individual will be accompanied by a Notary who is a SDB Associate and an Officer of the bank into the safe deposit box area.
- The SDB Associate and Officer sign the Vault Entrance Log and record the box number and the client’s name in the "Comments" section of the log.
- The bank Officer along with the individual will verify the SDB contents by completing and signing the Safe Deposit Box Inventory Record which is then notarized by the SDB associate.
- The following items can be searched for and distributed as follows:
Item Disposition of Item Additional Info Will of decedent The bank must provide the will and a will memo to the probate court in the county where the renter resided Attach a Deceased Client Will Memo. CCB associate must mail, using certified mail, the will and the will memo to the county. Obtain a receipt upon delivery of these items. Deed to a burial plot or burial instructions Can be given to the person making the search Life insurance policy Give only to the beneficiary named in the policy per the state statutes The beneficiary must be present to receive the policy - The person making the search for the will, deed to burial plot or life insurance policy CANNOT remove any other contents from the safe deposit box.
- If the box contained the Last Will and Testament of the renter, complete the Will Memorandum.
- Make a copy of the completed Will Memorandum and place a copy in the SDB file for the decedent renter.
- The SDB associate or officer must submit the Last Will and Testament and the Will Memorandum, using certified mail, to the county court in which the renter was residing at the time of death.
- Obtain a receipt for the delivery of the will from the county court.
- File the receipt in the safe deposit box file for the decedent renter.
Access by Personal Representative
Personal Representative is appointed by a state court where the office is located.
Prior to accessing the box, the bank must receive a certified copy of the death certificate and the original or a certified copy of the Personal Representative’s Letters of Administration granted by the State. (Florida Statute allows a personal representative named in a purported will to provide a copy of the will which grants them access to open and examine the contents of the box but can not remove items).
A CCB Officer must be present during the initial opening of a decedent's safe deposit box by a Personal Representative or the Personal Representative’s attorney of record.
Each person present must verify the contents of the box by signing a copy of the inventory under penalties of perjury.
To allow access to a decedent safe deposit box by a Personal Representative, do the following:
- Obtain a certified copy of the death certificate and the Letters of Administration and retain documents in the client SDB file with the safe deposit lease contract.
- Obtain valid primary identification from the Personal Representative. Refer to Identification Verification Procedures.
- The SDB Associate, who is also a notary, and an Officer of the bank must accompany the Personal Representative into the SDB area.
- The SDB Associate and bank Officer must sign the Vault Entrance Log and list the renter’s last name and box number.
- The Personal Representative (or their attorney of record) must sign the access card, adding their title and capacity in which they are signing, such as “Joe Smith, Personal Representative of John Smith, deceased."
- The bank Officer along with the Personal Representative will verify the SDB contents by completing the Safe Deposit Box Inventory Record which is then notarized by the SDB associate.
- Make a copy of the Safe Deposit Box Inventory Record and place it in the client file for our records.
- The Personal Representative must file the original Safe Deposit Box Inventory Record with the court within 10 days after the box is opened and inventoried. This is not the responsibility of the bank. Unless instructed by the court, this inventory and the attached box entry record are subject to inspection only by persons entitled to inspect the inventory.
- After the initial opening of the box by the Personal Representative, future access to the box is determined as follows:
- Box with only 1 renter: the Personal Representative will have full access to the box and may keep the box open or close the box.
- Box with multiple renters: the Personal Representative will have access to the box. The Personal Representative cannot terminate the lease on the box.
Florida Offices Only: Copy the access card for the Personal Representative. The copy of the access card must include the last 6 months of access.
Access by Foreign Personal Representative
Prior to accessing the box, the bank must receive a certified copy of the death certificate and the original or a certified copy of the Personal Representative’s Letters of Administration. If the Personal Representative’s Letters of Administration are not granted by the state in which the office containing the safe deposit box is located, the Personal Representative is considered a Foreign Personal Representative (out-of-state).
If a Foreign Personal Representative has been appointed for a decedent, no admittance will be allowed for the first three months after the date the Letters of Administration are granted. The foreign representative may request access to the safe deposit box after the three-month waiting period has expired.
If the foreign representative is also a descendant of the deceased, limited access will be allowed as described in the Access by Spouse, Parent, or Adult Descendant of Decedent tab.
A Capital City Bank Officer MUST be present during the initial opening of a decedent's safe deposit box by a Foreign Personal Representative.
To allow access to a decedent safe deposit box by a Foreign Personal Representative, do the following:
- Obtain a certified copy of the death certificate and the Letters of Administration.
- Obtain a notarized affidavit stating that the deceased client resided out of state and that there are no unpaid creditors in this state.
- This affidavit can be a handwritten note but it must be notarized. If they are unable or unwilling to provide this affidavit, do not allow access to the box.
- Place the affidavit, a copy of the death certificate, and the Foreign Personal Representative’s Letters of Administration in the client's safe deposit box file with the safe deposit lease contract.
- The SDB Associate and bank Officer must sign the Vault Entrance Log and list the renter’s last name and box number.
- The Foreign Personal Representative must sign the access card, adding their title and capacity in which they are signing, such as “Joe Smith, Personal Representative of John Smith, deceased”.
- The bank Officer along with the Foreign Personal Representative will verify the safe deposit box contents by completing the Safe Deposit Box Inventory Record which is then notarized by the SDB associate.
- Make a copy of the Safe Deposit Box Inventory Record and place it in the client file for our records.
- The Foreign Personal Representative must file the original Safe Deposit Box Inventory Record with the court within 10 days after the box is opened and inventoried. This is not the responsibility of the bank. Unless instructed by the court, this inventory and the attached box entry record are subject to inspection only by persons entitled to inspect the inventory.
- After the initial opening of the box by the Foreign Personal Representative, future access to the box is determined as follows:
- Box with only 1 renter: the Personal Representative will have full access to the box and may keep the box open or close the box.
- Box with multiple renters: the Personal Representative will have access to the box. The Personal Representative cannot terminate the lease on the box.
Florida Offices Only: Copy the access card for the Personal Representative. The copy of the access card must include the last 6 months of access.