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 California, when a person dies, locating their personal documents such as a will, life insurance policy, burial plot deed, and burial instructions is crucial. If someone is named on the lease agreement for the decedent's safe-deposit box, they may access and remove the documents without merely inspecting them in the presence of a bank officer. California Probate Code sections 331 to 331.5 outline the procedures for accessing a decedent's safe-deposit box. These statutes allow certain individuals, such as a surviving spouse, a person named in the will, or a trustee of the decedent's trust, to access the safe-deposit box in the presence of a bank representative to retrieve the will, trust documents, and burial instructions without a court order. If the documents are held by a third party, such as an attorney or financial planner, the executor or next of kin typically has the right to access them. However, if there is a dispute or if the custodian of the documents refuses access, a court order may be necessary. The process for obtaining such an order would involve petitioning the probate court and demonstrating the legal right or need to access the documents.