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 Maryland, when a person passes away, it is common for family or friends to seek out important personal documents like the decedent's will, life insurance policies, and burial instructions. If someone is named on the lease agreement of the decedent's safe-deposit box, they have the contractual right to access and remove the documents from the box. Maryland law provides specific guidelines for accessing a decedent's safe-deposit box and personal documents. Under Maryland Estates and Trusts Code Ann. § 5-601, certain individuals, such as a spouse, parent, adult descendant, or a person named in a will or trust document, may have access to the safe-deposit box to search for a will or burial plot deed without a court order. They must be accompanied by an officer of the financial institution and can only remove the will, deed to a burial plot, or life insurance policies. If the documents are held by a third party, like an attorney or financial planner, and the individual seeking access is not one of the persons listed in the statute, they may need to obtain a court order to gain access to the documents.