Can You Access a Deceased Person's Safety Deposit Box in Alberta?

When someone dies, a safety deposit box can hold a will, property deeds, jewellery or papers you need. It can also feel out of reach, because the box is in the deceased person's name.

Alberta's government guidance does not set out a single rule for how banks open these boxes, and banks differ. This article explains what is known, who generally deals with the estate, and how to prepare.

This article covers the law of Alberta.

The short answer: it depends on the bank

There is no one Alberta rule you can rely on for every bank. Each institution sets its own procedure, and whether it asks for a court grant, a copy of the will, or other documents can vary. Call the branch that holds the box and ask what it needs.

Avoid assuming an answer from a friend's experience. A different bank, or a different type of box, may be handled differently.

Why the box matters

Alberta has no will registry, and a will may be in a locked cabinet, a safe, a bank safety deposit box, or with a lawyer. If the box may hold the will, you will want to know that early, since the will names the executor.

If you cannot find the will anywhere, the Law Society of Alberta takes Lost Wills Inquiry Requests from the public or a lawyer. Unfound requests are listed for lawyers, and entries are removed automatically after 90 days. If a lawyer holds the will, the Law Society's Customer Service team arranges a copy to the requester.

Who has authority over the estate

With a will, the named executor applies for a grant of probate. Without a will, or if the executor does not act, someone such as a family member may ask the court for a grant of administration. If there is no will, the Estate Administration Act sets who has priority to apply.

Whether a bank will wait for a grant before it deals with you is a question for that bank. Getting a grant can take time, so ask early rather than assuming either way.

What to prepare before you contact the bank

• A death certificate. Order it with form DVS11164D through a registry agent; the government fee is $20 per document.
• Proof of your role, such as a copy of the will if you are the named executor, or a grant if one has been issued.
• Your own government ID.
• Any key, box number, branch details or rental paperwork you can find.
• A note of what you hope to find, such as the will or specific documents.

The death certificate is processed within 3 business days of receipt if the death is registered, not counting mail or delivery time. Missing or inconsistent information can cause delays.

What to do next

Call the branch, ask what it requires for a deceased person's box, and write down the answer. If the bank asks for a grant, a lawyer can explain how a probate or administration application works.

Once you have access, make a list of what is in the box. Identifying the estate's assets and liabilities is one of the personal representative's main tasks. Remember that property passing by beneficiary designation or joint ownership may fall outside the estate. Keep originals of any will safe and do not alter them.

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