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SusanJane Asked July 2023

Will in safety deposit box sent to state, do we need to hire a probate lawyer?

A California relative died in 2011. Her unregistered will was in the safety deposit box. It was not a joint account. We had been out of contact. Her stepdaughter was the intended heir. After a period, the bank sent the box contents to the state. My husband believes the state would have taken the responsibility to execute the will and would have located the heir. Is that correct, or would we need to hire a probate lawyer? We hope the first is correct, as her financial situation may have changed due to end of life costs and there may be nothing to inherit. Thank you.

JoAnn29 Jul 2023
Just a thought. Its been 11 years. You claim the person had nothing money wise and her personal property is gone probably, so why the need for the box? As I said prior, it looks like she has no assets to probate.

AlvaDeer Jul 2023
You can search online for your state’s unclaimed property department, or you can start with FDIC’s unclaimed property information. If you find your missing property, you can file a claim with the state, but don’t be surprised if they ask you to prove your identity in order to claim it.
How to Find a Long Lost Bank Account or Safe Deposit Box


www.fdic.gov/resources/consumers/consumer-news/2020-12.html

The above from an online search. I haven't myself attempted this.

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JoAnn29 Jul 2023
The heir (or any family member) could have gone to probate and received a short certificate to get the bank to turn over the box contents. She could have gone and ask for a print out of all accts the relative had with the bank. Usually investments you get a quarterly statement so thats when you know there's investments. Insurance, not so much. She could have all relatives mail reverted to her house.

According to your reply below, the relative died with nothing really. If so, the Will would not be Probated if under a certain amount of money. In my State its under $20,000. It would be up to the Executor/Adminstrator to be honest and split what was there to the beneficiarys in the Will IMO.

HappyRobin Jul 2023
The FDIC.gov site “Unclaimed Property Information - by State” (https://www.fdic.gov/resources/resolutions/bank-failures/failed-bank-list/unclaimed-property-states.html) provides an official list of state unclaimed property offices.
Grandma1954 Jul 2023
This was going to be my suggestion.
SusanJane Jul 2023
Thank you, Fawnby. It's true in CA too. She had only $50 in unclaimed property. Do you know if a large amount would be listed, for example, from an investment? I did see an entry for someone that read 1000+.

I hadn't thought of that, but can see that the state may have found $50 to be the account balance and posted it as unclaimed property. It wouldn't matter what was in the will. Any investments elsewhere would be posted as well, I suppose. It must be difficult for all concerned to process the financial issues of someone who dies without an executor. I appreciate your answer, and it sounds like we need look no further.

Fawnby Jul 2023
In Florida, unclaimed monies that come into possession of the state can be claimed at fltreasurehunt.gov. Other states have something similar. Check online for a similar site in California if you think there might have been money in the box.

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