Father dies. No one has been able to locate a will or the keys to the safe deposit box. Daughter has been appointed administratrix by the court for Father's estate. As such, we agree that she should have access to the box. But, because the decedent's safe deposit box keys cannot be located, the 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.
We know 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? Thanks!
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?