When a person dies, someone will often need to locate the decedent's personal documents, such as a will, life insurance policy, burial plot deed, and burial instructions. Ideally, one or more of the decedent's family or friends will have access to these documents—or at least know their location (safe-deposit box, home safe).

If a person has a contractual right to access the decedent's safe-deposit box by virtue of being named on the lease agreement for the safe-deposit box, such person may access the documents and remove them, rather than merely inspecting them in the presence of a bank officer or the attorney or financial planner who has possession of the documents.

If the documents are known or believed to be in a safe-deposit box or held by another third party (attorney or financial planner), state statutes (laws) generally govern access to the documents—whether such access is with or without a court order.

For example, a state statute may identify the persons who may inspect such documents without a court order and the circumstances under which the documents may be inspected. And often a person other than one of the persons listed in the statute may seek a court order for access to a safe-deposit box or to documents held by a third-party custodian, such as the decedent's lawyer or financial planner.

In New Jersey, when a person dies, locating their personal documents is crucial for settling their affairs. If someone is named on the lease agreement of the decedent's safe-deposit box, they can access and remove the documents without merely inspecting them in the presence of a bank officer. However, if the documents are in a safe-deposit box or held by a third party like an attorney or financial planner, New Jersey state statutes dictate the process for accessing these documents. Under NJSA 3B:10-24, certain individuals, such as the executor or administrator of the estate, a surviving spouse, or other next of kin, may access the safe-deposit box in the presence of a bank officer to retrieve the will, life insurance policies, burial plot deeds, and burial instructions without a court order. If a person is not listed in the statute, they may need to seek a court order to gain access to the safe-deposit box or documents held by a third-party custodian. It's advisable for individuals to consult with an attorney to navigate the legal process of accessing a decedent's personal documents in New Jersey.