Copper Wren Law

A Legal MinuteMissing & changed wills

Why Safes and Deposit Boxes Complicate Estate Access

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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.

Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.

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Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.