A Legal MinuteMissing & changed wills
Why Safes and Deposit Boxes Complicate Estate Access
The short answer
Storing a will or trust in a safety deposit box can cause family problems later. The speaker says opening one in Arizona takes a specific court order, which can require someone already appointed. With a home safe, who may drill it open can be unclear, and whoever arrives first could hide what they find.
From the full episode Avoiding Probate Litigation: Practical Strategies for Families in Arizona (19:59).
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Transcript
I will say, a lot of people hear "a safe place" and they think of putting it in a safe. They think of putting it in a safety deposit box. That's actually a bad idea, because in order to get into a safety deposit box in Arizona, you need a specific court order. So then we've created the issue of, well, we know there's a will or trust, but it's in a box. We don't actually know who's appointed. But in order to get the order to get in there, we need somebody appointed. So now we're in this weird kind of chicken-egg situation.
And then when it's in a safe, who has authority to drill the safe? And a lot of the times it's whatever sibling or person gets there first. And if they open that up and it's not, maybe say, beneficial to them: "Oh no, I didn't find a will. I didn't find a trust. I don't know what you're talking about. Mom and Dad didn't have anything. Sibling didn't have anything." So that creates another issue.
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