§ 2003 — Opening safe deposit box 1

§ 2003. Opening safe deposit box\n 1. When it appears to the court by petition that a person, firm or\ncorporation has in its possession or under its control papers of a\ndecedent of whose estate the court has jurisdiction or that the decedent\nhas leased from them a safe deposit box and that such papers or safe\ndeposit box may contain a will of the decedent, a deed to a burial plot\nin which the decedent is to be interred or a policy of insurance issued\nin the name of the decedent and payable to a designated beneficiary, it\nmay make an order ex parte directing such person, firm or corporation to\npermit a person named in the order to examine the papers or safe deposit\nbox and to make an inventory of the papers or of the contents of the\nsafe deposit box in the presence of an authorized employee or agent of\nsuch person, firm or corporation, and if a paper purporting to be a will\nof the decedent, a deed to the burial plot or a policy of insurance be\nfound to deliver the will to the clerk of the court, personally or by\nregistered mail as directed by the court or the deed to the person\ndesignated in the order or the policy of insurance to the beneficiary\nnamed therein. The clerk shall furnish a receipt upon delivery to him\nof the will.\n 2. Notwithstanding any provisions of subdivision one of this section,\na safe deposit company, trust company, bank, corporation, firm or other\nperson, having in its possession, or under its control one or more safe\ndeposit boxes shall permit an individual or individuals each of whom\nbeing a joint lessee with the decedent of said safe deposit box or\nboxes, or a deputy authorized by the decedent to have access to said\nsafe deposit box or boxes, to examine and make copies of, in the\npresence and under the supervision of an officer of the company, bank,\ncorporation or firm, any paper or papers found in said safe deposit box\nor boxes bearing upon the desire of the deceased as to the disposal of\nhis remains, or deed to a cemetery plot, or proof of membership in a\nburial society. For purposes of this subdivision, the term "deputy"\nshall mean the person who had access to the decedent's safe deposit box\nor boxes and to the contents thereof on the last day of decedent's life.\nAfter copies have been made of the paper or papers described in this\nsubdivision, the original paper or papers shall be resealed in the safe\ndeposit box or boxes and such officer shall certify that such papers\nhave been resealed and file such certification with the surrogate's\ncourt.\n