![]() ![]() Based on these facts, this would be a "non-probate" transfer that happens outside of probate and the contents of the box would never be part of a probate estate. The same would be true if she was named as a "transfer on death" beneficiary for the box rather than as a joint owner. She would then be entitled to remove all of the contents of the box as her own. This is a general answer, since I am a Colorado attorney, but if the safe deposit box was jointly titled between Dad and his wife, his wife would be the sole owner of the contents upon Dad's death and it should be sufficient for her to prove his death through submission of a death certificate and proof of her identity as the sole surviving owner.
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