Tax Law, § 249-cc
(a) In all cases, a representative of the
estate shall complete an application for the release of a safe deposit box, on
a form provided by the department, and mail or deliver the completed form to
the department.
(b)
When
there is a will-search order.
(1) When
a will-search order has been made pursuant to section 2003 of the Surrogate's
Court Procedure Act, the department shall, after receiving a properly completed
application form, advise the representative of the estate as to when the safe
deposit box can be opened in the presence of a representative of the
department.
(2) At the box opening,
a representative of the department shall make a complete inventory of the
contents of the box. The bank or safe deposit company having possession or
control of such safe deposit box shall deliver the following contents thereof
to the person or persons entitled to receive them without written consent or
waiver of the department and without retaining any portion thereof for the
payment of estate tax or interest:
(i) a will,
deed to a burial plot or insurance policy to be delivered as provided in the
will-search order;
(ii) papers,
other than securities, which have no apparent monetary value; and
(iii) United States bonds or other securities
registered in the name of any person other than the decedent, whose value is
readily ascertainable from published quotations and provided that the value of
all such bonds and other securities is not more than $30,000.
(3) If the box also contains items
not distributable in accordance with such paragraph (2) of this subdivision,
then, the box shall be resealed and cannot be reopened, or the remaining
contents distributed, until the department has issued a waiver to the
representative of the estate.
(c)
When a will-search order has not
been made.
(1) If the department, after
receiving a properly completed application form, determines that a
representative of the department must attend the box opening, then the
provisions of subdivision (b) of this section shall apply except that for
purposes of paragraph (b)(3) of this section the representative of the
department may determine that no additional taxes administered by the
department are likely to be due. Where the representative makes this
determination, a waiver can be immediately issued releasing the contents of the
box to the representative of the estate.
(2) If the department, after receiving a
properly completed application form, determines that a representative of the
department is not required to attend the box opening, then the department shall
issue a waiver releasing the contents of the box to the representative of the
estate. The representative of the state shall make, sign and send a complete
inventory of the contents of the box to the department within five business
days after the date that the box was opened. The signature of the
representative of the estate on the inventory form shall be acknowledged by a
notary public.
(d)
Copying of papers regarding burial.
Notwithstanding any of the provisions of this section or
section 2003 of the Surrogate's Court Procedure Act, a safe deposit company,
trust company, bank, corporation, firm or other person, having in its
possession, or under its control, one or more safe deposit boxes, shall permit
an individual or individuals, each of whom being a joint lessee with the
decedent of said safe deposit box or boxes, or a deputy authorized by the
decedent to have access to said safe deposit box or boxes, to examine and make
copies of, in the presence of an officer of the company, bank, corporation or
firm, any paper or papers found in said safe deposit box or boxes bearing upon
the desire of the deceased as to the disposal of the deceased's remains, or a
deed to a cemetery plot, or proof of membership in a burial society. For
purposes of the preceding sentence, the term deputy shall mean
the person who had access to the decedent's safe deposit box or boxes and to
the contents thereof on the last day of decedent's life. After copies have been
made of the paper or papers described in this subdivision, the original paper
or papers shall be resealed in the safe deposit box or boxes. The contents of
the box or boxes shall be distributed in accordance with subdivisions (a) and
(b) or (a) and (c) of this section.
