Our small bank does not have a trust department but from my days at a bank that did, I seem to recall that when a dec'd SDB is inventoried, the description should be generic for example: The gold watch should be a watch yellow in color. If I am remembering this correctly, can someone direct me where I would find this? Also, the SDB was inventoried by the Executor of the Will, her attorney and an officer of the bank. Items were removed from the box for evaluation purposes. Should this have been allowed?

My first question would be why was a bank officer even present after the executor of the will presented his court appointment?

ESTATES
(755 ILCS 15/) Safety Deposit Box Opening Act.

(755 ILCS 15/0.01) (from Ch. 17, par. 1500)
Sec. 0.01. Short title. This Act may be cited as the Safety Deposit Box Opening Act.
(Source: P.A. 86-1324.)


(755 ILCS 15/1) (from Ch. 17, par. 1501)
Sec. 1. Upon being furnished with satisfactory proof of death of a sole lessee or the last surviving co-lessee of a safe deposit box, the lessor shall open the box and examine the contents in the presence of a person who presents himself and furnishes an affidavit which states that (a) he is interested in the filing of the lessee's will or in the arrangements for his burial, (b) he believes the box may contain the will or burial documents of the lessee and (c) he is an interested person within the meaning of this Act. The lessor shall not open the box in accordance with this Act if the lessor has received a copy of letters of office of the representative of the deceased lessee's estate, other applicable court order, or a small estate affidavit in accordance with Article XXV of the Probate Act of 1975. The lessor need not open the box if (a) the box has previously been opened in accordance with this Act, (b) the lessor has received notice of a written or oral objection from any person or has reason to believe that there would be an objection, or (c) the lessee's key or combination is not available. The lessor shall authorize a representative of a decedent's estate or a person designated in a small estate affidavit pursuant to Article XXV of the Probate Act of 1975, upon presentation of letters of office, other applicable court order, or small estate affidavit, to open the box and examine and remove the contents.

A loan officer handled this and did not ask for the Letters of Office nor the death certificate. Unfortunately he is someone that doesn't follow the rules and compliance is then expected and does go behind him cleaning up his mess. I know my answer opens up a further can of worms but .........well, I could say more but I won't.

Can I ask another question, reading the last line of Section 1, should we have had the Executor of the will remove the contents and close the box? I am embarrassed to say, the person that rented the box passed away in 2015, the Executor to the will and her lawyer plus our loan officer inventoried it four months after the customer passed away and now three years later the Executor of the will wants to change the box to the Estate of said customer with her as the executor. It is a mess and I just pray some relative doesn't come out of the woodwork. Thanks for listening.

Yes, that was all the personal representative was empowered to do under the terms of the statute. Your bank could have allowed him or her to rent the same box, but would have required a new lease at that time.

P.S. Your loan officer is an idiot.