Who is entitled to the contents of a safe deposit box?

In California, the contents of a safe deposit box are treated differently than other situations under heirs property law. Generally speaking, the person who owns the safe deposit box is the only one who is entitled to its contents. However, if the owner has passed away, there are a few different scenarios that could apply. If the box was owned solely by the decedent, then their estate will be entitled to the contents. The estate’s representative will be responsible for notifying anyone with an interest in the box, and then filing a petition with the local probate court in order to gain access to the safe deposit box. The estate will then be responsible for distributing the contents according to the decedent’s will, if there is one. If the box was owned jointly by the decedent and another individual, then the surviving owner will be entitled to the contents. They will need to provide proof of death, such as a death certificate, in order to gain access. If the box was owned jointly by the decedent and more than one other individual, then it depends on the type of joint tenancy. If it was a joint tenancy with right of survivorship, then the surviving owners will have equal rights to the contents upon the decedent’s death. If it was a joint tenancy in common, each owner will have an equal right to the contents as tenants in common, and the decedent’s portion of the contents will pass on to their estate.

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