The sole owner of a safety deposit box has passed away. An attorney wants to view the will, which he says is inside the box. Do we need official papers from the attorney to view the will? We were presented with the death certificate.

Before opening the lessee’s safety deposit box, you should obtain a safety deposit box opening affidavit from the attorney, who must satisfy certain requirements in the Illinois Safety Deposit Box Opening Act (the Act).

The Act requires banks to open a safety deposit box and remove its contents when presented with letters of office, another applicable court order, or a small estate affidavit establishing that the individual has the authority to take those actions. However, if the bank has not received any of those documents, it may in its discretion open the box and examine its contents in the presence of an “interested person” who presents the bank with a safety deposit box “opening affidavit” (in addition to providing satisfactory proof of the lessee’s death).

The opening affidavit must state that the individual requesting the box to be opened: (1) is interested in filing the lessee’s will or arranging the lessee’s burial, (2) believes the box may contain the lessee’s will or burial documents, and (3) is an “interested person.” An “interested person” can be a spouse, adult descendant, parent, brother or sister of the lessee, an executor of the lessee’s will, or any person who had a right to access the box immediately before the lessee’s death. If none of those individuals are available to be present at the opening of the box, an individual also can qualify as an “interested person” if the opening affidavit states that no other “interested persons” are available for the opening of the box, and the lessor (your bank) “determines [the individual] may have a legitimate interest in the filing of the lessee’s will or in the arrangements for his burial.”

Importantly, even if the attorney meets these requirements, he or she may only examine the will and may not take it from the bank. Also, no other contents may be removed from the box, with the exception of burial documents in the box if the attorney has a “legitimate interest” in arranging for the lessee’s funeral (in which case the attorney may take the burial documents from the bank).

Finally, when an opening affidavit is presented to the lessor and the box is opened, the Act requires the lessor to deliver the will to the clerk of the circuit court where the lessee lived prior to his or her death, if known, and otherwise to the clerk of the circuit court where the box is located.

For resources related to our guidance, please see:

Safety Deposit Box Opening Act, 755 ILCS 15/1 (“Upon being furnished with satisfactory proof of death of a sole lessee or the last surviving co-lessee of a safe deposit box, the lessor shall open the box and examine the contents in the presence of a person who presents himself and furnishes an affidavit which states that (a) he is interested in the filing of the lessee’s will or in the arrangements for his burial, (b) he believes the box may contain the will or burial documents of the lessee and (c) he is an interested person within the meaning of this Act.”)

Safety Deposit Box Opening Act, 755 ILCS 15/1 (“For purposes of this Act, the term ‘interested person’ means any person who immediately prior to the death of the lessee had the right of access to the box as a deputy, any person named as executor in a copy furnished by him of a purported will of the lessee, or the spouse, an adult descendant, parent, brother or sister of the lessee. If the affidavit states that none of the persons described above is available to be present at the opening of the box, the term ‘interested person’ also means any other person who the lessor in its sole discretion determines may have a legitimate interest in the filing of the lessee’s will or in the arrangements for his burial.”)

Safety Deposit Box Opening Act, 755 ILCS 15/1 (“The lessor shall remove any document which appears to be a will or codicil and deliver it to the clerk of the circuit court for the county in which the lessee resided immediately prior to his or her death, if known to the lessor, otherwise to the clerk of the circuit court for the county in which the safe deposit box is located. Delivery of a will or codicil called for herein may be made by registered mail sent to the clerk of the said court. The lessor may remove any burial documents and deliver them to the interested person. No other contents may be removed pursuant to this Act.”)