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 Washington State, 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 have the contractual right to access and remove the documents. Washington law, specifically RCW 11.50.020, allows certain individuals, such as surviving spouses, adult children, a person named as personal representative in a will, or others who may have a property interest, to access a decedent's safe-deposit box without a court order for the purpose of locating a will, burial instructions, or life insurance policies. The bank must be present during the inspection and an inventory of the contents must be made. If the documents are held by a third party, such as an attorney or financial planner, access may be governed by state statutes and, if necessary, a court order can be sought by individuals not listed in the statute to gain access to these documents.