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 North Dakota, when a person passes away, it is common for family or friends to seek out important personal documents of the decedent, such as their will, life insurance policies, and burial instructions. 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 it. Otherwise, North Dakota Century Code (NDCC) provides specific statutes that regulate access to a decedent's safe-deposit box and other documents in the possession of third parties like attorneys or financial planners. Under NDCC 30.1-23-01.1, certain individuals, such as a surviving spouse, parent, adult descendant, or a person named as a personal representative in a will, may access the safe-deposit box in the presence of a bank officer to retrieve a will, burial plot deed, or burial instructions without a court order. If the documents are held by a third party, or if the person seeking access is not one of the individuals listed in the statute, they may need to obtain a court order to gain access to the safe-deposit box or documents. The process typically involves petitioning the court and demonstrating a lawful right or interest in the contents.