Setting up a revocable trust does not automatically give the successor trustee a key to every safe-deposit box the settlor ever rented. Florida law looks at whose name is on the lease, what the trust documents say, and the legal status of the person seeking entry, which can leave families surprised when a trust alone does not open the door.
If a box is leased in a fiduciary capacity, Fla. Stat. § 655.933 requires a financial institution to allow a personal representative presenting letters of administration to access it. Other fiduciaries can be given access under the governing documents the statute describes.
A trustee can also present a certification of trust under § 736.1017, showing the trust’s existence, the current trustee, and relevant powers without handing over the entire document. However, if the box remains leased solely in the settlor’s individual name, simply being the named successor trustee does not convert that lease into trust property.
During incapacity, an agent under a durable power of attorney may be able to access the box under § 655.934. However, Florida’s Power of Attorney Act requires the document to expressly grant banking or safe-deposit authority, since broad “do everything I could do” language is not enough. Filing incapacity proceedings can also suspend an agent’s authority.
Death changes things again. A power of attorney ends when the principal dies, so an agent who had access during life cannot keep using it afterward.
Before a personal representative is appointed, § 655.935 allows only a limited search, letting a spouse, parent, adult descendant, or named personal representative view specific items like a will or life-insurance policy, not empty the box generally. Once a personal representative presents letters of authority, § 655.936 permits full access, subject to a formal inventory procedure.
Checking whose name is on the lease, whether a certification of trust is on file, and whether your power of attorney covers banking access can prevent a costly delay later. At Schnauss Naugle Law, we can review how your safe-deposit box is titled and make sure your trust, power of attorney, and estate plan are set up to avoid an access problem. Call us at 904-643-6342, or reach out to us to review your account titling.
