How can we open a bank safe deposit box that likely holds the will if we don’t have the key, and who must be present? – North Carolina

Short Answer

In North Carolina, a decedent’s safe deposit box is typically sealed by the bank after death, and it usually cannot be opened unless either (1) a “qualified person” has authority to open it, or (2) the Clerk of Superior Court (or the clerk’s representative) is present for the opening and inventory. If the key is missing, the bank can drill the box, but the inventory still needs to follow the rules in N.C. Gen. Stat. § 28A-15-13. The required “who must be present” depends on whether the person requesting access is a qualified person under the statute.

Understanding the Problem

In North Carolina probate, a common problem is: can a family open a deceased person’s bank safe deposit box to look for the original will when the key is missing and the bank says the box must be drilled. The decision point is whether the person trying to open the box has the legal authority to do it without the Clerk of Superior Court present, or whether the clerk must attend the opening and inventory. The practical goal is limited—locate and secure any document that appears to be a will—without creating delays or disputes about what was in the box.

Apply the Law

North Carolina law sets a specific process for opening and inventorying a safe deposit box after the renter dies. The bank (as the “institution” holding the box) generally seals the box after learning of the death. After that, the box may be opened either by a “qualified person” (in which case the clerk’s presence is not required) or, in other situations, only in the presence of the Clerk of Superior Court (or the clerk’s representative) along with the bank and the person who has the key. The controlling statute also requires that any writing that appears to be a will or codicil be filed with the clerk.

Key Requirements

Authority to access the box (qualified person vs. not): If the requester is a “qualified person” under North Carolina law (commonly someone holding clerk-issued authority such as Letters Testamentary/Letters of Administration, or a co-tenant/lessee with access rights), the clerk generally does not have to attend the opening.
Inventory is required: Whether the clerk attends or not, an inventory of the contents must be made and provided as required by the statute and local practice.
Testamentary documents must be filed: If the box contains a document that appears to be a will, codicil, or other testamentary instrument, it must be filed with the Clerk of Superior Court.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A (Estates of Decedents) – North Carolina’s main probate and estate administration statutes (including the safe deposit box rules in Article 15).

Note: The specific safe deposit box procedure is set out in N.C. Gen. Stat. § 28A-15-13. Because official statute pages can be organized by chapter and article, the best practice is to confirm the exact section text through the official Chapter 28A page above and the local Clerk of Superior Court’s office handling the estate.

Analysis

Apply the Rule to the Facts: Here, the will cannot be found and is believed to be inside a bank safe deposit box in North Carolina, but the key is missing and drilling may be required. If a person already has clerk-issued authority to act for the estate (or otherwise qualifies under the statute), the box can often be opened without the clerk physically present, but an inventory still must be completed and shared as required. If no one qualifies yet (which is common when the will is missing and no one has been appointed), the safer path is to arrange an inventory opening with the Clerk of Superior Court (or a deputy/assistant clerk) at the bank, and coordinate drilling so the inventory happens immediately after the box is opened.

Process & Timing

Who schedules the opening: A prospective personal representative (or the family’s attorney) typically coordinates. Where: the bank branch where the safe deposit box is located and the Clerk of Superior Court for the county where the box sits. What: request a safe deposit box inventory under N.C. Gen. Stat. § 28A-15-13; many clerks use the AOC form for inventory (commonly titled “Inventory Of Contents Of Safe-Deposit Box”). When: as soon as the bank confirms the box is sealed and the family confirms the key is missing.
Coordinate drilling if the key is missing: The bank usually requires advance scheduling for drilling/locksmith services. The inventory should be scheduled to occur immediately after drilling so the contents are documented before anything is removed.
Inventory and handling of the will: The inventory is completed at the bank. If a document appears to be a will/codicil, it should be taken for filing with the Clerk of Superior Court as required by statute. The remaining contents are handled according to who has authority to receive them and the bank’s release rules.

Exceptions & Pitfalls

Who must be present depends on “qualified person” status: If no one has legal authority yet, the clerk (or clerk’s representative) generally must be present for the opening and inventory. If someone is a qualified person, the clerk’s presence is typically not required, but the inventory obligations still apply.
Opening the box “informally” can cause delays: If a family member accesses the box after death outside the required process, the clerk may require a sworn affidavit explaining when the box was opened, why, who was present, and what (if anything) was removed.
Missing key means planning ahead: Drilling often requires extra scheduling and fees, and the inventory needs to be set up to follow immediately after drilling. Waiting to coordinate can slow down locating the will and starting probate.
Do not assume the first will found is the final will: Even if a will is found in the box, it is still important to check for later wills or codicils in other places (personal papers, attorney storage, clerk safekeeping deposit) before moving forward.

For more background on locating a will and what happens when it cannot be found, see how to find out whether there is a will and who should handle the estate and what happens if there is no will or if it is unclear whether a will exists.

Conclusion

In North Carolina, a decedent’s bank safe deposit box is usually sealed after death and can only be opened under the safe deposit box inventory rules in N.C. Gen. Stat. § 28A-15-13. If the requester is not a legally “qualified person,” the Clerk of Superior Court (or the clerk’s representative) generally must be present at the bank with a bank representative for the opening and inventory; if the key is missing, the bank can drill the box and the inventory should occur immediately afterward. The next step is to contact the Clerk of Superior Court in the county where the box is located and schedule the inventory opening.

Talk to a Probate Attorney

If a will is believed to be in a safe deposit box but the key is missing and the bank says drilling is required, a probate attorney can help coordinate the clerk-required inventory process and keep the estate on track. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.