Detailed Answer — Who controls access and how the process works

Ownership and control of the box contents

When someone with a safe deposit box dies, the box’s contents typically become property of the deceased person’s estate. If the decedent named a joint tenant on the rental agreement (for example, “jointly rented” or with rights of survivorship), the joint tenant often gains immediate access under the bank’s contract. If not, the bank will normally lock the box and require official documentation before releasing anything.

Documents banks commonly require

Banks follow their own policies and applicable Alabama probate rules. Typical items banks ask for before opening or releasing contents include:

• Certified copy of the decedent’s death certificate;
• Letters testamentary, letters of administration, or other court-issued proof of the personal representative’s authority (from the probate court);
• Valid photo ID for the person requesting access;
• A court order directing the bank to permit access (when there is a dispute or no appointed representative).

If a person shows a small-estate affidavit permitted under Alabama probate law and the bank accepts it, the bank may release items without full probate. Whether a bank will accept an affidavit depends on the bank’s internal rules and the affidavit’s compliance with Alabama probate law.

What if there is no probate or no appointed representative?

If no one opens probate and no joint renter exists, heirs generally must open a probate estate or obtain a court order to get the contents. Banks usually won’t turn over property to an heir based only on a family relationship. If the estate’s value is small, an heir may use a small-estate procedure (small estate affidavit) if Alabama’s probate rules allow it for that estate type and value.

Bank procedures: inventory and release

Many Alabama banks will open the box in the presence of the personal representative and a bank officer, prepare a written inventory of the contents, and then release items or hold them for distribution according to the will or intestacy rules. If heirs dispute the inventory or distribution, the bank may keep the contents until the court resolves the dispute.

Unclaimed property rules

If no one claims the contents and the property lies dormant for the statutory period, the bank may be required to report and remit the property to the State of Alabama as unclaimed property under Alabama’s unclaimed-property laws (see Code of Alabama provisions on unclaimed property). The Alabama State Treasurer’s unclaimed property office handles this process and posts reported property for public search; a rightful owner or heir can later claim property from the state by following the Treasurer’s claim procedures: https://treasury.alabama.gov/unclaimed-property/

Joint-tenant and pay-on-death situations

If the safe deposit box was rented jointly with rights of survivorship or contained property with a designated beneficiary, access rules differ. A surviving joint renter typically can access the box immediately by presenting ID. Beneficiary designations inside a box may be relevant but do not replace required probate procedures for certain assets.

When you’ll need a court order

Court orders become necessary when (1) the bank refuses to accept documents presented by an heir, (2) there is a dispute among heirs, (3) the will is contested, or (4) no personal representative has been appointed and the bank requires judicial direction. The probate court can issue an order allowing access, appoint a personal representative, or resolve competing claims.

Relevant Alabama law resources

Alabama’s probate and unclaimed-property statutes govern these issues. For general code access, start at the Code of Alabama pages maintained by the Alabama Legislature: https://www.legislature.state.al.us/aliswww/ACode/ACode1975/ACode1975.htm. For state unclaimed-property information and how the Treasurer handles abandoned property, see: https://treasury.alabama.gov/unclaimed-property/. For probate court information and local procedures, consult the Alabama Judicial System: https://judicial.alabama.gov/.

Note: Banks also rely on their contract with the box renter and internal policies. That contract can affect the steps needed to gain access.

Practical steps for heirs, personal representatives, or requested parties

1. Locate the safe deposit agreement and check for joint owners or beneficiary designations.
2. Get multiple certified copies of the death certificate from the funeral home or county health department.
3. Open probate or obtain letters testamentary/administration from the local probate court if the estate requires administration. Contact the probate judge’s office in the county where the decedent lived for filing requirements. (See Alabama Judicial System: https://judicial.alabama.gov/.)
4. Call the bank and ask what documents they require to open the box. Ask whether the bank will inventory contents in the presence of the personal representative.
5. If the estate qualifies as a small estate under Alabama law and the bank accepts a small-estate affidavit, prepare and submit the affidavit as directed by the probate rules and the bank’s policy.
6. If the bank refuses access and you believe you have a right to the property, consider asking the probate court for an order directing the bank to open the box or appointing a personal representative.
7. If property remains unclaimed for the statutory dormancy period, check the Alabama Unclaimed Property database through the State Treasurer: https://treasury.alabama.gov/unclaimed-property/.

Helpful Hints

• Do not force open a safe deposit box. Breaking into a box can create criminal and civil problems and may void bank cooperation.
• Collect multiple certified death certificates early. Banks and the probate court typically require certified copies.
• Ask the bank if it will allow a recorded inventory (photographs or written list) performed with the personal representative present.
• If there are disputes among potential heirs, get legal advice before moving or distributing contents.
• Check the safe deposit agreement for language about joint tenants or rights of survivorship—those provisions can allow immediate access for a survivor.
• If the estate is small, research Alabama’s small-estate procedures; some banks accept a properly prepared affidavit instead of full probate paperwork.
• If the bank reports the property as unclaimed, the State Treasurer’s office retains it and posts it online; heirs can make a claim with proper proof of entitlement.