[KS] What steps do I need to take to access my late mother’s safety deposit box?
My mother died in 22 and me and my brothers are her heirs. We've gone through probate for her house and are entitled to it. I thought that covered all her property but apparently not her safety deposit box. Is the small property affidavit the only thing I need to get access to the box?
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I'm sorry to hear about your loss. In Kansas, accessing a deceased person's safe deposit box involves specific procedures, especially when there's no will and the estate has already undergone probate for other assets.
Accessing the Safe Deposit Box in Kansas
Under Kansas law, a bank may permit access to a deceased individual's safe deposit box by interested parties, such as heirs, even without a will (K.S.A. 9-1504(a)). The bank typically requires:
- A certified copy of the death certificate.
- Valid photo identification.
- An affidavit affirming your status as an heir or interested party.
When the box is opened, it must be in the presence of two bank employees, one of whom is an officer. They are authorized to remove any testamentary documents (like a will) and deposit them with the district court. Other contents remain in the box until legal authority is established for their release.
Utilizing a Small Estate Affidavit
Kansas law allows for the use of a Small Estate Affidavit to collect personal property, including contents of a safe deposit box, without formal probate, provided certain conditions are met (K.S.A. 59-1507b(a)):
- The total value of the estate subject to probate does not exceed $75,000.
- No application or petition for the appointment of a personal representative is pending or has been granted.
- At least 30 days have passed since the decedent’s death.
- The affiant is entitled to the property as an heir.
The affidavit must be notarized and presented to the institution holding the property.
Steps to Take
- Contact the Bank: Inquire about their specific requirements for accessing the safe deposit box.
- Prepare Documentation: Obtain a certified copy of your mother's death certificate and complete the Small Estate Affidavit form, ensuring it includes all required information and is notarized.
- Schedule an Appointment: Arrange with the bank to open the safe deposit box in the presence of the required bank officials.
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Kansas Small Estate Affidavit Form
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My mother died in 22 and me and my brothers are her heirs. We've gone through probate for her house and are entitled to it. I thought that covered all her property but apparently not her safety deposit box. Is the small property affidavit the only thing I need to get access to the box?
Lexi, Chatbot
I'm sorry to hear about the loss of your mother. To better assist you, could you please confirm if the safety deposit box was solely in her name or shared with someone else?
It was all hers.
Lexi, Chatbot
Do you know if there was a will that specifically mentioned the contents of the safety deposit box?
There was no will and we have no idea if there is even anything in it.
Lexi, Chatbot
Is there anything else the Estate Lawyer should know before I connect you? Rest assured they’ll be able to help with accessing the safety deposit box.
The only heirs are my brothers and I. I think that’s it.
Andres Sanchez
Hi there! I'm Andres Sanchez, an expert in estate law. I'm here to help you navigate the process of accessing your mother's safety deposit box. What state is this in?
Hi Andres. Kansas.
Andres Sanchez
I'm sorry to hear about your loss. In Kansas, accessing a deceased person's safe deposit box involves specific procedures, especially when there's no will and the estate has already undergone probate for other assets.
Accessing the Safe Deposit Box in Kansas
Under Kansas law, a bank may permit access to a deceased individual's safe deposit box by interested parties, such as heirs, even without a will (K.S.A. 9-1504(a)). The bank typically requires:
- A certified copy of the death certificate.
- Valid photo identification.
- An affidavit affirming your status as an heir or interested party.
When the box is opened, it must be in the presence of two bank employees, one of whom is an officer. They are authorized to remove any testamentary documents (like a will) and deposit them with the district court. Other contents remain in the box until legal authority is established for their release.
Utilizing a Small Estate Affidavit
Kansas law allows for the use of a Small Estate Affidavit to collect personal property, including contents of a safe deposit box, without formal probate, provided certain conditions are met (K.S.A. 59-1507b(a)):
- The total value of the estate subject to probate does not exceed $75,000.
- No application or petition for the appointment of a personal representative is pending or has been granted.
- At least 30 days have passed since the decedent’s death.
- The affiant is entitled to the property as an heir.
The affidavit must be notarized and presented to the institution holding the property.
Steps to Take
- Contact the Bank: Inquire about their specific requirements for accessing the safe deposit box.
- Prepare Documentation: Obtain a certified copy of your mother's death certificate and complete the Small Estate Affidavit form, ensuring it includes all required information and is notarized.
- Schedule an Appointment: Arrange with the bank to open the safe deposit box in the presence of the required bank officials.
- Inventory Contents
Ok. I have the death certificate and I just need to get the affidavit notarized. So all I have to do is schedule an appointment with the bank to get it opened?
Andres Sanchez
Yes, that’s correct.
Ok. I think that answered my question. Thank you so much for your help!
Andres Sanchez
You're welcome, I hope everything works out for you.
Andres Sanchez
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