N.Y. Surrogate's Court Procedure Act § 2003: Opening safe deposit box 1

§ 2003. Opening safe deposit box

1. When it appears to the court by petition that a person, firm or

corporation has in its possession or under its control papers of a

decedent of whose estate the court has jurisdiction or that the decedent

has leased from them a safe deposit box and that such papers or safe

deposit box may contain a will of the decedent, a deed to a burial plot

in which the decedent is to be interred or a policy of insurance issued

in the name of the decedent and payable to a designated beneficiary, it

may make an order ex parte directing such person, firm or corporation to

permit a person named in the order to examine the papers or safe deposit

box and to make an inventory of the papers or of the contents of the

safe deposit box in the presence of an authorized employee or agent of

such person, firm or corporation, and if a paper purporting to be a will

of the decedent, a deed to the burial plot or a policy of insurance be

found to deliver the will to the clerk of the court, personally or by

registered mail as directed by the court or the deed to the person

designated in the order or the policy of insurance to the beneficiary

named therein. The clerk shall furnish a receipt upon delivery to him

of the will.

2. Notwithstanding any provisions of subdivision one of this section,

a safe deposit company, trust company, bank, corporation, firm or other

person, having in its possession, or under its control one or more safe

deposit boxes shall permit an individual or individuals each of whom

being a joint lessee with the decedent of said safe deposit box or

boxes, or a deputy authorized by the decedent to have access to said

safe deposit box or boxes, to examine and make copies of, in the

presence and under the supervision of an officer of the company, bank,

corporation or firm, any paper or papers found in said safe deposit box

or boxes bearing upon the desire of the deceased as to the disposal of

his remains, or deed to a cemetery plot, or proof of membership in a

burial society. For purposes of this subdivision, the term "deputy"

shall mean the person who had access to the decedent's safe deposit box

or boxes and to the contents thereof on the last day of decedent's life.

After copies have been made of the paper or papers described in this

subdivision, the original paper or papers shall be resealed in the safe

deposit box or boxes and such officer shall certify that such papers

have been resealed and file such certification with the surrogate's

court.