Q. If someone's will is in a safe deposit box at a bank when he or she dies, how do you get access to it?
A. There are three ways to get the will out of the box.
The easiest way is if another person is named as a joint holder of the box. That person can retrieve the will with no problems or delays.
If no other person has access to the box, Texas law allows a spouse, child, grandchild or the Executor named in the will to examine the contents of the box while in the presence of a bank employee. If a will is found, the bank will be required to send it to the court. Note, though, some banks will give it to your lawyer and allow that lawyer to file it with the court.
Another option is to go to court to request that a judge order an examination of the box. If a will is found, it will be sent to the court. This should be the option of last resort because it takes longer, requires the filing of papers with the court, and usually involves a lawyer and the associated legal fees.