Detailed Answer

Losing track of your parent’s will can feel overwhelming. In North Carolina, a court-supervised process lets you open a safe deposit box to find a will or other important documents. You cannot simply show the bank your parent’s death certificate and get the box unlocked. Instead, you must ask the Clerk of Superior Court to appoint someone to handle the search and inventory under N.C. Gen. Stat. § 28A-10-4.

Step 1: Identify Potential Banks

Begin by gathering records of your parent’s bank accounts, statements, or safe deposit rental agreements. Contact each bank’s branch to confirm whether your parent rented a safe deposit box. If you find one, note its address, box number, and account holder’s name exactly as it appears on the bank’s records.

Step 2: Petition the Clerk of Superior Court

File a Petition to Open Safe Deposit Box with the Clerk of Superior Court in the county where your parent lived. Under N.C. Gen. Stat. § 28A-10-4, the petition should:

• Name the decedent and give the date and county of death.
• Describe the safe deposit box (bank name, branch, and box number).
• State your relationship to the decedent and your interest in finding a will.
• Request the court to appoint a qualified person to unlock and inventory the contents.

Step 3: Post Bond and Fees

The court will set a bond amount to protect the estate against loss or damage. You must post this bond and pay any required filing fees. The Clerk then issues an order directing the bank to allow only the appointed representative to open the box.

Step 4: Inventory and Delivery of Documents

The appointed representative and a bank officer open the box together. They list everything found in a written inventory. If you discover a will, the representative must file it with the Clerk of Superior Court immediately. If no will appears, the representative returns the contents to the box and files a certificate of return, ending the process.

Step 5: Next Steps After Locating the Will

Once you file the original will, you can begin probate by submitting a Petition for Probate of Will. The Clerk will schedule a hearing and notify interested parties. After the court admits the will, you can move forward as the personal representative or appoint someone to serve.

North Carolina Statutory References

• N.C. Gen. Stat. § 28A-10-4 – Authority to open safe deposit box.
• N.C. Gen. Stat. § 28A-10-5 – Bond for custodian of safe deposit box.

Key Points to Remember

• Identify all banks where your parent held accounts or boxes.
• File a Petition to Open Safe Deposit Box with the Clerk of Superior Court.
• Post a court-ordered bond and pay filing fees.
• Only the court-appointed representative and a bank officer may open the box.
• Any discovered will must be filed immediately with the Clerk’s office.
• If no will appears, the representative returns items and files a certificate of return.
• After locating a will, file a Petition for Probate to begin administration.