Safe Deposit Box Florida

Why do family members fight over the Florida safe deposit box? Here’s 10 things to know about this asset in a Florida probate. (For information about an estate inventory, click HERE.)

Finding Treasure?

First of all, LOTS of Floridians have a safe deposit box. Yes, even in this day and age of digital currency and home safes.

Sometimes they store jewelry, important documents, family heirlooms and other valuables.

And………….many times there’s nothing of value there. But, how do you know unless it’s inspected and accounted for?

Probate lawyers often deal with safe deposit boxes. Some family members are convinced that mom or dad had gold bars or millions in there.

Always read the will first. And see if there are any “memo’s” which dispose of tangible personal property. Note: that memo may NOT deal with the box if they box is a “will substitute” and passes outside of probate.

Florida Probates + Safe Deposit Box

Second, there is a statute, or law, found in the Florida Probate Code.

Section 733.6065 deals with opening them.

Third, there’s a whole procedure that should be followed.

4th, you should have witnesses.

5th: (recommended), video tape the opening and contents.

6th, it’s best to get bank employees or dis-interested witnesses to watch this.

7th, the contents should be on the official estate inventory. If they are not, make sure that the personal representative (estate executor) files an amended inventory.

8th, if you suspect foul play, file a motion or a petition.

9th, look for the bank signature card or account opening documents. Why? Because it may say who owns the contents.

Finally, know that giving someone access is different than ownership.