Asked 3 months ago - Imperial, MO
FlagMy mother passed and left us no instructions. We are trying to find out what was in the safe deposit box, hoping to find a will or some direction.
Attorney Frederick is correct. Many banks will perform a will search of the box, and if a will is found, send it to the probate court in the jurisdiction where the deceased person was a resident. Beyond that, you will need a probate attorney to enforce the will and/or gain access to the remaining items in the safe deposit box.
Side note to people signing their estate planning documents: This isn't a game of hide and seek! Be sure to discuss with your family at least that you have documents in place, where they are, and how to access them.
In my state, unless you are on the safe deposit box account, you cannot access the box without an order from the probate court. The court usually will grant access to the box only to determine if there is a Will there or a deed to a burial plot. Nothing else can be removed without initiating probate proceedings. It could be different in MO, but it seems to me that you need to at least consult with a probate attorney before doing anything.
I am very sorry for your loss.
James Frederick
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary