§ 28A-15-13. Opening and inventory of decedent’s safe-deposit box.
In an estate, many valuable are kept in a safe deposit box. These boxes should be opened with care and with due caution. It is recommended in the situation where it is not required (See below), that the executor open the box in the presence of an independent person and the beneficiaries. That way everyone is present who has an interest in the contents of the safe-deposit box.
If no one has the Clerk’s authority, no one can enter an individual’s safe deposit box without the Clerk (see section (b) below).
North Carolina General Statute § 28A-15-13 states:
(b) Presence of Clerk Required. – Any safe-deposit box to which a decedent had access shall be sealed by the institution having supervision or possession of the box. Except as provided in subsection (c) of this section, the presence of the clerk of superior court of the county where the safe-deposit box is located or the presence of the clerk’s representative is required before the box may be opened. The clerk or the clerk’s representative shall open the safe-deposit box in the presence of the person possessing a key to the box and a representative of the institution having supervision or possession of the box. The clerk shall make an inventory of the contents of the box and furnish a copy to the institution and to the person possessing a key to the box.
(c) Presence of Clerk Not Required. – The presence of the clerk of superior court or the clerk’s representative is not required when the person requesting the opening of the decedent’s safe-deposit box is a qualified person. In that event, the qualified person shall make an inventory of the contents of the box and furnish a copy to the institution and to the person possessing a key to the box if that person is someone other than the qualified person.
(d) Testamentary Instrument in Box. – If the safe-deposit box contains any writing that appears to be a will, codicil, or any other instrument of a testamentary nature, then the clerk of superior court or the qualified person shall file the instrument in the office of the clerk of superior court.
(e) Release of Contents. – Except as provided in subsection (d) for testamentary instruments, the institution shall not release any contents of the safe-deposit box to anyone other than a qualified person.
Here is the link to the entire statute: https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-15-13.html
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