If the deceased has a will, the safe deposit box will be sealed by the bank upon death notification. Unless the deceased had a co-owner when they leased the safe deposit box, or signed an authorization for a specific individual to have access to the safe deposit box, it will remain sealed until the probate process is completed, at which time the deposit box can be opened by authorized parties.

On the Other: Court Orders Open Boxes

If a will cannot be located, a person can apply to the courts for an order to open the box in front of bank personnel. The inventory is documented and re-sealed until the estate is finalized. New York law dictates that if a will is found in the safe deposit box, the bank must forward the will directly to the surrogate's (probate) court upon discovery. The court can order the box opened if it's believed that a deed to a burial plot might exist in the box.

Bottom Line

Because of New York laws that prohibit even immediate family members from accessing safe deposit boxes of the deceased until ordered to do so by the court, it would be wise to keep your will in a place where your family members can access it. If this is not possible, then a copy of your most recent will should be kept available at your lawyer's office.

Source:

Electronic Appraiser

NY State Comptroller's Office

Resource:

Petition to Search Safe Deposit Box