[WSBAPT] Safe Deposit Box

[Dalynne Singleton]

You will need a WA resident agent for the CA PR and that person can be designated to go to the bank and open the safe deposit box.
I had saved this from a few years ago and I think this website is now shut down but this might provide some instructions:


Gaining Access to Decedent's Safety Deposit Box


A safety deposit box may be opened by its lessee or the lessee's authorized agent.  A lessee's authorized agent includes his/her Personal Representative, Attorney-in-Fact, Special Representative, or the Trustee of his/her Living Trust.  RCW 22.28.030<http://apps.leg.wa.gov/RCW/default.aspx?cite=22.28.030>

Problem: Decedent is the lessee of a safety deposit box; you want to access it; and you are not among the authorized agents listed above.

In King County, the Court may authorize that the safety box be opened and any estate documents in it be delivered to the named Personal Representative or filed with the Court.  King County Local Rule LR 98.04(d)<http://www.kingcounty.gov/courts/Clerk/Rules/Individuallinks/LCR_82.aspx>.

The depository is entitled to receive from the person receiving the Will and at his/her expense:

  *   A receipt for, and a copy of, the Will; and

  *   The depository's expenses attributable to delivering the Will, including fees and mileage expenses, the latter at the same rate as for a witness.  King County Probate Policy & Procedure Manual, § 3.3.3.
For a Court in another county, check that county's local Superior Court Rules<http://www.courts.wa.gov/court_rules/?fa=court_rules.local&group=superior> for similar authority, and if no such authority obtains, a Special Administrator<http://www.wa-probate.com/Instructions/Opening/Appointing-Special-Administrator.htm> may need to be appointed in order to open the safety box and obtain any estate documents in it.  See RCW 11.32.010<http://apps.leg.wa.gov/RCW/default.aspx?cite=11.32.010>.

As for all other contents of the safety box, their collection and disposition must await the appointment of a Personal Representative.

Dalynne Singleton

Gourley Law Group
Snohomish Escrow
The Exchange Connection
1002 10th Street / PO Box 1091
Snohomish, WA 98291

360.568.5065
360.329.4079
360.568.8092  fax
dalynne at glgmail.com<mailto:dalynne at glgmail.com>

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Anthony Vivenzio
Sent: Monday, December 11, 2017 4:09 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] Safe Deposit Box

Dear Colleagues,
I have my first situation of a sweet elderly lady passing on and leaving her will in her safety deposit box.  I will be opening an administration, as we have no will at this point.  I'm preparing an order for the Court directing the bank to provide access to the box.  I understand that the PR is the primary participant who needs to be present in the bank situation.  However, the PR lives in CA so I am wondering if I can draft an order authorizing access for her and/or me to attend the opening.  Any advice would be greatly appreciated.

Anthony D. Vivenzio,
Attorney and Counselor at Law
PO Box 208
540 Guard Street, Ste. 260
Friday Harbor, WA  98250
(360) 378-6860
vivenziolaw at rockisland.com<mailto:vivenziolaw at rockisland.com>

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