At Welch Law, PLLC in Jupiter, Florida, we frequently see estate plans derailed by one overlooked detail: the safe deposit box.

While safe deposit boxes may seem like a secure place to store important documents or valuables, they often create unnecessary delays, stress, and expense—especially here in Florida, where many families are managing estates from out of state.

What Happens in Florida When the Owner of a Safe Deposit Box Dies?

Under Florida law, a bank will typically seal a safe deposit box immediately upon notification of the owner’s death. Access will then require court orders or specific procedures under Florida Statutes Section 655.935, which allows only limited inspection by certain individuals in the presence of a bank officer—for the sole purpose of retrieving a will, burial instructions, or life insurance policies.

This process can take weeks or even months, especially if probate has not yet begun. If you need urgent access to documents or assets, you may be out of luck.

A Real-Life Example of What Can Go Wrong

A recent case highlighted by MSN underscores how things can spiral. A Florida family couldn’t access a deceased relative’s safe deposit box because it wasn’t titled in the name of their revocable living trust. Although other boxes had been properly included in the trust and were accessible, the one box with crucial documents wasn’t—which left the family scrambling and delayed the entire administration process.

Worse yet, a business checking account was also locked down because it, too, hadn’t been properly titled. In both cases, the successor trustee’s hands were tied.

The Florida Solution: Trust-Based Planning

If you live in Florida or have property here, including safe deposit boxes in your revocable living trust is a key part of smart estate planning. At Welch Law, we ensure our clients retitle or register their boxes in the name of their trust, giving the successor trustee immediate access when the time comes—without needing a court order.

This small step avoids red tape and ensures your estate can be settled efficiently and privately.

Don’t Store These in a Safe Deposit Box

Contrary to popular belief, a bank vault may be the worst place to store your original will, durable power of attorney, or healthcare surrogate designation. Florida banks often seal boxes upon death, making it nearly impossible for your family to access these documents when they’re most needed.

Instead, we recommend storing these in a fireproof, waterproof safe at home, and giving copies to your named agents and attorney.

Final Thoughts for Florida Families

Whether you’re a retiree in Palm Beach Gardens, a snowbird managing property in multiple states, or a local business owner in Jupiter, your estate plan should be reviewed to ensure that your safe deposit boxes don’t become a legal trap.

At Welch Law, PLLC, we help Florida families avoid these and other common estate planning mistakes. Schedule a complimentary consultation today to review your plan and make sure your legacy—and your loved ones—are protected.

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Reference: MSN (June 21, 2025) “My sister and her husband died within days of each other. Their banks won’t let me access their safe-deposit boxes. What now?”