Legal Question in Wills and Trusts in New York

My father passed away. He and I jointly rented safe deposit box. I went to bank and was denied access. I was told to go to Surrogate Court to get the order to open the box for search and after inventarization is complete by bank I shoud go to Surrogate court again to get order to remove the content. Question: is it possible to gain access and ownership to the box without search (inventarization ) procedure. Additional information: there is no will.


Asked on 5/13/10, 2:15 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

In almost every situation, when a box owner passes away, an order is required from surrogate's court to open and inventory it. However, you will not be required to go through separate procedures, as once the order to inventory it is issued, if ownership can be established the contents can be removed.

When you say you owned the box jointly with your father, if you are describing a joint tenancy with right of survivorship in the ownership of the box, then, like a bank account or piece of real property that is owned in a joint tenancy with right of survivorship, the box and its contents should pass to you by operation of law upon your father's death. However, its not enough for the two of you to have been co-owner's, it must be a legal joint tenancy with right of survivorship.If it was not such a joint tenancy, then you will be required to obtain an order to open and inventory the box

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Answered on 5/18/10, 7:06 pm


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