I've read the Handbook on Deposit and Fiduciary Accounts in MA and cannot find a solution to this particular issue. Greatly appreciate any help on this.

We have a deceased customer, sole owner on a Safe Deposit Box. Her daughter has presented us with a Voluntary Administration Statement naming her Voluntary Personal Representative. She wants to close the Safe Deposit Box and take any contents.

I do not this the court document allows her to do this and have been unable to get a hold of our bank counsel.

If anyone could point me in the right direction, I would greatly appreciate it.

Thank you.

Assuming that the daughter's appointment as VPR refers to the estate of the deceased box lessee, the daughter is in the position of administratrix of the estate. There is no reason she could not access and empty the box and close the lease, on behalf of the estate.

The Register of Wills/Orphans Court (whatever the appropriate name in MA would be) can also provide information on powers granted to a VPR.

Thank you very much.

Probate Court here in Massachusetts.

To add to this question:
Daughter has been appointed administratrix and we agree that she should have access to the box. But, decedent's safe deposit box keys cannot be located. Box would need to be drilled. In addition, daughter lives in another state and has asked a local attorney to request the box be drilled and allow him access to search for a will in the box. (Kentucky law allows for a search of the box for discovery of will or burial directions when death certificate or appointment papers AND keys are present.) If the box is drilled, the attorney and the Bank would be standing with an open box. There does not immediately appear to be a statute to address this and we do not have a procedure. Thoughts?

1. Can an administratrix appoint the attorney to "stand-in" for her to attend the drilling and to access the opened box?
2. If will discovery is the only reason for access, should it be copied and replaced in the box?
3. Should Safe Deposit Box contract be closed after opening? Box rekeyed? Reassigned?

With full disclosure that I am not an expert in Safe Deposit rules, these are my thoughts:

1. Yes. Estate Reps have the authority to hire an attorney to assist them with estate duties. The attorney, in turn can perform actions needed to do the job they were hired for. That could include standing for an estate rep who is out of state. Obtain proper notarized documentation that estate rep has retained the services of the attorney for the purpose of managing the estate affairs.

2. This is a tricky one. If there is anything in the box other than the will, it is now the property of the estate, so the estate agent can claim it. In my opinion, it would not be unreasonable to allow the estate rep (or their agent) to collect the contents of the box. I would suggest a creating written inventory of the contents, and have it signed, notarized, witnessed, whatever you need in order to document who was present when the box was drilled and what was in it. Perhaps there are some abandoned box procedures you could refer to for guidance on what would be acceptable for this case.

3. See above. Terminate the box contract for the deceased party. If you have to drill it, a re-key would be needed anyway, and then the now vacant box can be reassigned to a new holder.

Thanks for your reply!