Who owns the contents of a safe deposit box when someone passes away in Florida?

The determination of ownership for the contents of a safe deposit box when an individual dies in Florida is challenging due to the authority granted to the personal representative of the estate over the decedent’s assets subject to probate. However, the ownership of the estate beneficiaries is established as of the date of death subject to probate. The court-appointed personal representative of the estate will have the ability to access the box (in the presence of specific individuals), retrieve its contents, file an inventory with the court, and manage the contents as estate assets. It is important to note that creditors of the estate hold priority for payment over beneficiaries. Consequently, if the box contains assets of the decedent and there is insufficient cash elsewhere to fully satisfy all creditors, the creditors have the right to be paid from the contents of the box before beneficiaries. Beneficiaries of the estate would then be entitled to the remaining contents of the box. However, the personal representative has the discretion to utilize the box’s contents to cover fees and expenses associated with estate administration, which hold priority over all other claims, including those of creditors.