When a person dies, someone will often need to locate the decedent's personal documents, such as a will, life insurance policy, burial plot deed, and burial instructions. Ideally, one or more of the decedent's family or friends will have access to these documents—or at least know their location (safe-deposit box, home safe).
If a person has a contractual right to access the decedent's safe-deposit box by virtue of being named on the lease agreement for the safe-deposit box, such person may access the documents and remove them, rather than merely inspecting them in the presence of a bank officer or the attorney or financial planner who has possession of the documents.
If the documents are known or believed to be in a safe-deposit box or held by another third party (attorney or financial planner), state statutes (laws) generally govern access to the documents—whether such access is with or without a court order.
For example, a state statute may identify the persons who may inspect such documents without a court order and the circumstances under which the documents may be inspected. And often a person other than one of the persons listed in the statute may seek a court order for access to a safe-deposit box or to documents held by a third-party custodian, such as the decedent's lawyer or financial planner.
In Texas, when a person dies, locating their personal documents is crucial for settling their affairs. If someone is named on the lease agreement for the decedent's safe-deposit box, they have the contractual right to access and remove documents from it. Texas law provides specific procedures for accessing a decedent's safe-deposit box. Under Texas Estates Code Section 505.002, if the decedent's will is believed to be in the safe-deposit box, certain individuals, such as family members or a person named in the will, can petition the court to have the bank open the box in the presence of a bank officer. The officer will then examine the contents to locate the will, any deeds to a burial plot, or burial instructions and provide them to the appropriate parties. For documents held by a third party, such as an attorney or financial planner, access is typically governed by state statutes and may require a court order, especially if the individual seeking access is not one of the persons listed in the statute. It's advisable for individuals to consult with an attorney to navigate the legal process of accessing a decedent's personal documents.
