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 Florida, when a person passes away, it is common for family or friends to seek out the decedent's personal documents, including their will, life insurance policies, and burial-related documents. If an individual is named on the lease agreement of a safe-deposit box belonging to the decedent, they may have the contractual right to access and remove documents from the box. Otherwise, Florida law provides specific guidelines for accessing a decedent's safe-deposit box. Under Florida Statutes, Section 655.935, certain individuals, such as the decedent's spouse, parent, adult descendant, or a person named as a representative in the decedent's will, may access the safe-deposit box in the presence of a bank officer to retrieve the will, life insurance policies, and burial plot deeds. If the documents are held by a third party, such as an attorney or financial planner, access may be governed by state statutes or require a court order. In situations where the individuals seeking access are not listed in the statute, they may petition the court for an order granting access to the safe-deposit box or documents held by a third-party custodian.