We get many questions about who has access to a safety deposit box after the death of a loved one. Many banks and credit unions have their own policies they have created. Here's a summary of the Louisiana law regarding access to safety deposit boxes:
- If the box is leased under the names of two or more persons with the right of access being given to any one of such persons, the bank may permit free access to the survivor(s), including the right to remove the contents.
- If the box is leased only under the name of the deceased, and no one has the original Will, then someone may petition the court that a search be made for the Will by a notary. The court may order the bank to allow the examination of the safety deposit box by the notary.
- A bank may transfer the contents of a safety deposit box to the succession representative (executor or administrator).
- A bank may transfer the contents of a safety deposit box to the heirs if the heirs produce a certified copy of Judgment of Possession.
There's a little more to it than this, but this should give you an idea of who can access a box after death. If you need access to a safety deposit box after the death of a loved one, feel free to give us a call at 225-329-2450, or send me an email with the particulars at paul@rabalaislaw.com. We'll see if we can help. Thanks.
Paul Rabalais
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