2006 New York Code - Opening Safe Deposit Box



 
  § 2003. Opening safe deposit box
    1.  When  it  appears  to the court by petition that a person, firm or
  corporation has in its possession or  under  its  control  papers  of  a
  decedent of whose estate the court has jurisdiction or that the decedent
  has  leased  from  them  a safe deposit box and that such papers or safe
  deposit box may contain a will of the decedent, a deed to a burial  plot
  in  which the decedent is to be interred or a policy of insurance issued
  in the name of the decedent and payable to a designated beneficiary,  it
  may make an order ex parte directing such person, firm or corporation to
  permit a person named in the order to examine the papers or safe deposit
  box  and  to  make  an inventory of the papers or of the contents of the
  safe deposit box in the presence of an authorized employee or  agent  of
  such person, firm or corporation, and if a paper purporting to be a will
  of  the  decedent, a deed to the burial plot or a policy of insurance be
  found to deliver the will to the clerk of the court,  personally  or  by
  registered  mail  as  directed  by  the  court or the deed to the person
  designated in the order or the policy of insurance  to  the  beneficiary
  named  therein.   The clerk shall furnish a receipt upon delivery to him
  of the will.
    2. Notwithstanding any provisions of subdivision one of this  section,
  a  safe deposit company, trust company, bank, corporation, firm or other
  person, having in its possession, or under its control one or more  safe
  deposit  boxes  shall  permit  an individual or individuals each of whom
  being a joint lessee with the decedent  of  said  safe  deposit  box  or
  boxes,  or  a  deputy  authorized by the decedent to have access to said
  safe deposit box or boxes,  to  examine  and  make  copies  of,  in  the
  presence  and  under the supervision of an officer of the company, bank,
  corporation or firm, any paper or papers found in said safe deposit  box
  or  boxes  bearing upon the desire of the deceased as to the disposal of
  his remains, or deed to a cemetery plot, or proof  of  membership  in  a
  burial  society.  For  purposes  of  this subdivision, the term "deputy"
  shall mean the person who had access to the decedent's safe deposit  box
  or boxes and to the contents thereof on the last day of decedent's life.
  After  copies  have  been  made of the paper or papers described in this
  subdivision, the original paper or papers shall be resealed in the  safe
  deposit  box  or  boxes  and such officer shall certify that such papers
  have been resealed and file  such  certification  with  the  surrogate's
  court.

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