Yes, we believe that a small estate affidavit is sufficient documentation for the spouse to access the safe deposit box.

The Illinois Probate Act requires financial institutions to grant access to safe deposit boxes in accordance with a valid small estate affidavit. The Safety Deposit Box Opening Act requires financial institutions to allow a person designated in a small estate affidavit to “open the box and examine and remove the contents.” Also, the Illinois Probate Act protects your bank from any liability when you grant access to a box in good faith reliance on a small estate affidavit that “is substantially in compliance with” the form small estate affidavit provided in subsection 25-1(b) of the Act (linked to below).

For resources related to our guidance, please see:

• Illinois Probate Act, 755 ILCS 5/25-1(a) (“When any person, corporation, or financial institution . . . controlling the right of access to decedent’s safe deposit box . . . is furnished with a small estate affidavit in substantially the form hereinafter set forth, that person, corporation, or financial institution shall . . . grant access to the safe deposit box . . .  in the manner specified in the affidavit or to an agent appointed as hereinafter set forth.”)

• Safety Deposit Box Opening Act, 755 ILCS 15/1 (“The lessor shall authorize a representative of a decedent’s estate or a person designated in a small estate affidavit pursuant to Article XXV of the Probate Act of 1975, upon presentation of letters of office, other applicable court order, or small estate affidavit, to open the box and examine and remove the contents.”)

• Illinois Probate Act, 755 ILCS 5/25-1(d) (“Any . . .  financial institution who acts in good faith reliance on a copy of a document purporting to be a small estate affidavit that is substantially in compliance with subsection (b) of this Section shall be fully protected and released upon payment, delivery, transfer, access or issuance pursuant to such a document to the same extent as if the payment, delivery, transfer, access or issuance had been made or granted to the representative of the estate. Such person, corporation, or financial institution is not required to see to the application or disposition of the property; but each person to whom a payment, delivery, transfer, access or issuance is made or given is answerable therefor to any person having a prior right and is accountable to any representative of the estate.”)