The answer may depend on whether the estate representative is “independent” or “supervised.”

Illinois recognizes two types of administrators and executors of estates — independent and supervised. Most estate representatives are independent, which means they can administer the estate without court approval of their specific actions. Illinois law expressly permits independent administrators and executors to engage agents to perform any task related to the administration of the estate. Consequently, if the individual seeking access to the safe deposit box presents letters of office for an independent administrator or executor of the estate, along with documentation appointing that person as the independent administrator’s or executor’s agent, you may open the safe deposit box for that person without a court order.

However, in some cases (typically where there is a dispute among heirs or beneficiaries), a court will require the supervised administration of the estate. Supervised administrators and executors generally must seek court approval for all major actions when administering the estate, which, depending on the circumstances, could include accessing a safe deposit box. Consequently, if the attorney representing the estate is a supervised administrator or executor, it would be prudent to request a court order before allowing the agent to access the safe deposit box.

For resources related to our guidance, please see:

• 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 … 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 5/1-2.16 (“‘Supervised administration’ means administration of a decedent's estate pursuant to the provisions of this Act other than Article XXVIII.”)

• Illinois Probate Act, 755 ILCS 5/1-2.09 (“‘Independent administration’ means administration of a decedent's estate pursuant to Article XXVIII.”)

• Illinois Probate Act, 755 ILCS 5/28-8(g) (“An independent representative acting reasonably for the best interests of the estate has the powers granted in the will and the following powers, all exercisable without court order, except to the extent that the following powers are inconsistent with the will . . . To employ agents . . . to delegate to them the performance of any act of administration, whether or not discretionary . . .”)