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 Oregon, when a person dies, locating their personal documents is crucial for managing their estate. If an individual is named on the lease agreement of a safe-deposit box, they may access and remove documents from it. Otherwise, Oregon law provides a process for accessing a decedent's safe-deposit box. Under ORS 708A.470, certain individuals, such as a surviving spouse, next of kin, or a person named in the will, may inspect the contents of a safe-deposit box in the presence of a bank representative without a court order, primarily to search for a will or burial instructions. If the documents are held by a third party, like an attorney or financial planner, access may be governed by state statutes or professional ethical rules. In cases where access is not granted voluntarily, it may be necessary to seek a court order to gain access to the decedent's documents. An attorney can assist in navigating these legal processes to ensure that the decedent's documents are located and their estate is properly managed.