Safe deposit boxes cause a lot of headaches when the box owner dies. If your family members aren’t sure who can access the box, what they’re allowed to take out, or how to get court authorization, they can face costly delays during an already difficult time. Here’s what every Florida family should know.
Who Can Open a Safe Deposit Box After Death in Florida?
Under Florida law, only certain individuals are permitted to open and inspect a safe deposit box after the owner’s death, and even then, what they can remove is strictly limited.
The following people may access the box to search for a will, burial plot deed, or life insurance policy:
- The decedent’s spouse
- A parent of the decedent
- An adult child or grandchild
- A person named as personal representative in a will found in the box
These individuals may look inside the box, but they can only remove a will, burial plot deed, or life insurance policy. They cannot remove cash, jewelry, property deeds, or any other contents. If you are not one of the designated people listed above, you will need a court order simply to open the box.
For a full overview of what a personal representative is authorized to do during Florida probate, see our guide on personal representative duties in Florida.
How Do You Remove the Contents of a Safe Deposit Box in Florida?
Here’s where families run into the most difficulty: nobody, not even a spouse or adult child, is allowed to remove the contents of a safe deposit box unless they are a joint owner of the box.
The only way to legally remove the contents is to open a formal probate administration with the court. This gives the personal representative the legal authority to access and inventory all of the decedent’s assets, including the contents of the safe deposit box.
To understand what formal probate involves and whether a simplified process might apply to your situation, visit our Florida probate administration page.
What About Joint Owners?
If the safe deposit box was held jointly, meaning two people were listed as co-owners on the box rental agreement, the surviving joint owner generally retains full access and can remove all contents without going through probate.
This is one reason some families choose to add a trusted family member as a joint owner of their safe deposit box. However, adding a joint owner also means that person has full access during your lifetime, so it’s a decision worth discussing with your estate planning attorney.
What Should (and Shouldn’t) Go in a Safe Deposit Box?
Not everything belongs in a safe deposit box. Here’s a practical guide:
Good candidates for a safe deposit box: Items that are irreplaceable or difficult to reproduce, such as original jewelry, family heirlooms, collectibles, stock certificates, and foreign currency.
Items that do NOT belong in a safe deposit box:
- Your original will — if it’s locked in a box, your family may not be able to retrieve it when needed
- Passport — you may need it on short notice
- Deeds to your home or car title — these can be obtained from the county or DMV
- Power of attorney documents — your agent needs these accessible during your lifetime
Your original will should be stored with your estate planning attorney or in a location your personal representative can access without a court order. Learn more about the 5 most important estate planning documents and where to keep each one.
Should You Close Your Safe Deposit Box?
If you’re currently using a safe deposit box primarily for documents that can be replaced, it may be worth closing it. Doing so can spare your family the time, expense, and frustration of dealing with court-supervised access after your death.
If you do keep a safe deposit box, make sure at least one trusted person knows where it is, has the key, and is listed as a joint owner, or that your estate plan clearly accounts for how it will be accessed.
The Bigger Picture: Safe Deposit Boxes and Your Estate Plan
A safe deposit box is just one piece of a comprehensive Florida estate plan. Without the right documents in place, including a will, a durable power of attorney, and potentially a revocable trust, even straightforward assets like a safe deposit box can create unnecessary complications for your family. Learn why a will alone isn’t enough to protect your loved ones.
Have Questions About Your Estate Plan?
At SJF Law Group, we help Florida families build estate plans that work when they need them most, including ensuring assets like safe deposit boxes are properly addressed. Call us at 954-580-3690 or use our online contact form to schedule a complimentary 30-minute consultation.
