Can A Notary Witness A Safe Deposit Box Opening?

I've been asked to witness a bank safe deposit opening. What forms are needed or required? Do I take ID’s? Who inventories the contents? — N.C., New York

Witnessing the opening of a safe deposit box is a notarial act performed almost exclusively by Notaries employed by banks and other financial institutions, but any Notary may do it.

The bank may open and inventory the contents of a safe deposit box in the presence of a Notary Public if the rental fee on the safe deposit box has not been paid and at least 30 days have transpired since the bank gave proper notice to the lessee and received no response. So, to answer your question, the bank opens and inventories the contents, but the Notary is present and creates and signs a certificate stating the lessee’s name, the date the box was opened, and lists the items removed from the box and any other relevant facts (Banking Law Section 335). New York law does not provide specific wording for the certificate. The law doesn’t require you to identify the officers of the bank who are present when the safe deposit box is opened and inventoried.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

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48 Comments

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Sumairasadiq

01 Jul 2024

Can A Notary Witness A Safe Deposit Box Opening in California?

National Notary Association

02 Jul 2024

Hello. CA Notaries are not authorized to witness safe deposit box openings as an official notarial act.

Michelle Pattillo

27 Jun 2024

Hello. I was contacted by a bank to witness opening a safety deposit box in Washington state. Is this allowed here?

Hello. Washington Notaries may certify that an act or event took place: “A notarial officer who certifies that an event has occurred or an act has been performed shall determine, from personal knowledge or satisfactory evidence, that the occurrence or performance took place” (WAC 308-30-110[2]). “The event or act must be described in a document. You must: Have witnessed the event or act described in the document or [t]ake the oath of a credible witness known to you. You must not produce or sign the document” (website, “How to perform notary acts”). “When relying on the oath or affirmation of a witness, the act is very similar to performing a jurat, in that you will have the witness swear an oath or affirmation that the event occurred or the act was performed, then will have the signing party sign the document documenting that event or act. If the notary is relying on their own observations, they may skip this and simply notarize the document. Keep in mind that just like with a jurat, if a notary is relying on the oath or affirmation of a third party reliable witness, that reliable witness should be someone that the notary has a personal enough connection such that they would be willing and able to testify to that relationship in court” (Notary Public Guide).

Natasha R.

24 May 2024

In Texas, would witnessing the opening of a safe deposit box be considered a “notarial act not provided for?” (In regard to how a notary would determine the maximum fee allowed for this service in Texas)

29 Jul 2024

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

yolanda

27 Feb 2024

Hello, can Oklahoma witness safety deposit boxes.

29 Feb 2024

Hello. Oklahoma Notaries are not authorized to witness the opening of safe deposit boxes as part of their official duties.

Inessa Golub

10 Jan 2024

Hello, where and how I can find the names of the signing companies who can get me safe deposit box notarization assignments. I’m in Florida. Thank you

trevonnen@gmail.com

15 Dec 2023

👀 WOOOOW lol that is a lot to remember but it's common sense Indianapolis in the house thank you so much I appreciate your dedication where's your manager so they can give you a raise I wish you all the best thank you so much how do I join the company that you're in the national notary association how do I sign up? Sorry for that question I'll just look it up you have done enough already thank you for your patience ✨🙏🏾🌹

18 Dec 2023

Thank you very much for your kind words, we appreciate it! We're glad to be of help to you. If you're interested in joining the NNA, you can find information to get started here: https://www.nationalnotary.org/membership

Trevonne Neptune

13 Dec 2023

Hello, sorry to bother I know your busy answering so many questions. 🩷 I was just wondering the same for Massachusetts I did try to look it up but it keeps going to New York for some reason lolz but I just have the same question for the state of Massachusetts thank you so much wishing you a happy New Year

Hello. Under certain circumstances, MA Notaries may witness a safe deposit box opening. Please read the following information from state statutes: “Should any bank, at the time when the commissioner takes possession thereof, have in its possession for safe keeping and storage, any jewelry, plate, money, securities, valuable papers or other valuable personal property, or should it have rented any box, safes, or safe deposit boxes, or any part thereof, for the storage of property of any kind, the commissioner may at any time after taking possession as aforesaid cause to be mailed to the person claiming or appearing upon the books of the bank to be the owner of such property, or to the person in whose name the safe, vault, or box stands, a written notice in a securely closed postpaid, registered letter, directed to such person at his post office address as recorded upon the books of the bank, notifying such person to remove, within a period fixed by said notice and not less than sixty days from the date thereof, all such personal property; and upon the date fixed by said notice, the contract, if any, between such persons and the bank for the storage of such property, or for the use of said safe, vault or box, shall cease and determine, and the amount of unearned rent or charges, if any, paid by such person shall become debt of the bank to such person. If the property be not removed within the time fixed by the notice, the commissioner may make such disposition of said property as the supreme judicial court, upon application thereto, may direct; and thereupon the commissioner may cause any safe, vault or box to be opened in his presence, or in the presence of one of his special agents and a notary public not an officer or employee of the bank, or of the commissioner, and the contents thereof, if any, to be sealed up by such notary public in a package upon which the notary public shall distinctly mark the name and address of the person in whose name such safe, vault or box stands upon the books of the bank, and shall attach thereto a list and description of the property therein. The package so sealed and addressed, together with the list and description, may be kept by the commissioner in one of the general safes for boxes of the bank until delivered to the person whose name it bears, or may otherwise be disposed of as directed by the court” (GL 167, Sec. 32).

Melissa Diaz

11 Oct 2023

For the state of NJ. Is there a form/certificate for documentations of items from safe deposit boxes.

30 Nov 2023

Hello. The state provides the following guidelines: “If the amount due for the rental of any vault, safe deposit box or receptacle for the storage and safekeeping of personal property of any safe deposit company or bank, savings bank, or savings and loan association authorized to conduct a safe deposit business under the laws of this State has not been paid for one year, the safe deposit company, bank, savings bank, savings and loan association may at any time after the expiration of the year send a written notice by registered mail addressed to the lessee or lessees in whose name the vault, safe deposit or receptacle stands on its records, directed to the address on its records, that if the rental for the vault, safe deposit box or receptacle is not paid within 30 days after the date of the mailing of the notice, it will have the vault, safe deposit box or receptacle opened in the presence of one of its officers and of a notary public not in its employ, and the contents thereof, if any, placed in a sealed package by the notary public, marked by him with the name of the lessee or lessees in whose name the vault, safe deposit box or receptacle stands and the estimated value thereof, and the package so sealed and marked will be placed in one of the general vaults, safes or boxes of the safe deposit company, bank, savings bank or savings and loan association. The notary’s proceedings shall be set forth in a certificate under his official seal, and the certificate shall be delivered to the savings and loan association, bank, savings bank or safe deposit company” (NJSA 17:14A-51).

Do you have a form/certificate that can be used for this?

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Barbara

12 Sep 2023

Hello in the State of Alabama can a Notary conduct Inventory of Abandoned Safe Deposit Box.

Hello. In Alabama, taking inventory of a safe deposit box is not an authorized notarial act.

Karen Matthews

31 Aug 2023

Hello, can this be done in Illinois?

05 Sep 2023

Hello. Witnessing a safe deposit box opening is not an authorized notarial act in Illinois.

Denise

10 Jul 2023

I am in Florida. I am unclear about what type of certificate is used for Certifying Contents of a Safe-Deposit Box. Please clear this up for me. Something the Notary types/writes up? Thank You

07 Aug 2023

There is no specific verbiage that must be used for certifying the contents of a safe deposit box. However, the bank that hires you will provide a certificate for you to complete.

Ronke

05 Jul 2023

Can this be done in Minnesota?

Hello. Witnessing a safe deposit box opening is not an official authorized notarial act in Minnesota.

Annie Edwards

21 Jun 2023

Can I witness a safe deposit box opening in New Mexico , I can’t find an answer in my Nm primary book and where can I find how to do one ?

30 Jun 2023

Hello. Yes, under certain conditions: “If the rental due on a safe deposit box has not been paid for six months, the lessor may send a notice by certified or registered mail to the last known address of the lessee stating that the safe deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within thirty days. If the rental is not paid within thirty days from the mailing of the notice, the box may be opened in the presence of an officer of the lessor and of a notary public who is not a director, officer, employee or stockholder of the lessor. The contents shall be sealed in a package by the notary public who shall write on the outside the name of the lessee and the date of the opening. The notary public shall execute a certificate reciting the name of the lessee, the date of the opening of the box and a list of its contents. The certificate shall be included in the package and a copy of the certificate shall be sent by registered mail to the last known address of the lessee. The package shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the box” (NMSA 58-1-16.A; see also NMSA 58-10-110.A, 58-11A-6.A, and 58-11A-7.A).

Shannon Simonin

12 Jun 2023

Can a Kansas notary witness the opening of safety deposit boxes?

13 Jun 2023

Hello. Witnessing the opening of a safe deposit box is not an authorized notarial duty in Kansas.

ALonda Hall

08 May 2023

Hello NNA, I’m located in Las Vegas, Nevada, are we allowed to do this process?

12 May 2023

Hello. No, witnessing a safe deposit box opening is not one of a Nevada Notary's authorized official duties.

Josephine

18 Apr 2023

Can this be done in New Jersey? How do I get started?

21 Apr 2023

Hello. Yes, please see the following: “If the amount due for the rental of any vault, safe deposit box or receptacle for the storage and safekeeping of personal property of any safe deposit company or bank, savings bank, or savings and loan association authorized to conduct a safe deposit business under the laws of this State has not been paid for one year, the safe deposit company, bank, savings bank, savings and loan association may at any time after the expiration of the year send a written notice by registered mail addressed to the lessee or lessees in whose name the vault, safe deposit or receptacle stands on its records, directed to the address on its records, that if the rental for the vault, safe deposit box or receptacle is not paid within 30 days after the date of the mailing of the notice, it will have the vault, safe deposit box or receptacle opened in the presence of one of its officers and of a notary public not in its employ, and the contents thereof, if any, placed in a sealed package by the notary public, marked by him with the name of the lessee or lessees in whose name the vault, safe deposit box or receptacle stands and the estimated value thereof, and the package so sealed and marked will be placed in one of the general vaults, safes or boxes of the safe deposit company, bank, savings bank or savings and loan association. The notary’s proceedings shall be set forth in a certificate under his official seal, and the certificate shall be delivered to the savings and loan association, bank, savings bank or safe deposit company” (NJSA 17:14A-51).

Marti Shelton

28 Mar 2023

Hello again. Thanks for your reply today, March 28, 2023. I asked which states allow deposit box witnessing, and you replied Florida. But you've answered others regarding Texas and New York. Is Florida the only state, or can you elaborate and give all states please?

National NOtary Association

Hello. New Jersey also authorizes Notaries to witness the opening of safe deposit boxes: “If the amount due for the rental of any vault, safe deposit box or receptacle for the storage and safekeeping of personal property of any safe deposit company or bank, savings bank, or savings and loan association authorized to conduct a safe deposit business under the laws of this State has not been paid for one year, the safe deposit company, bank, savings bank, savings and loan association may at any time after the expiration of the year send a written notice by registered mail addressed to the lessee or lessees in whose name the vault, safe deposit or receptacle stands on its records, directed to the address on its records, that if the rental for the vault, safe deposit box or receptacle is not paid within 30 days after the date of the mailing of the notice, it will have the vault, safe deposit box or receptacle opened in the presence of one of its officers and of a notary public not in its employ, and the contents thereof, if any, placed in a sealed package by the notary public, marked by him with the name of the lessee or lessees in whose name the vault, safe deposit box or receptacle stands and the estimated value thereof, and the package so sealed and marked will be placed in one of the general vaults, safes or boxes of the safe deposit company, bank, savings bank or savings and loan association. The notary’s proceedings shall be set forth in a certificate under his official seal, and the certificate shall be delivered to the savings and loan association, bank, savings bank or safe deposit company” (NJSA 17:14A-51).

01 Mar 2023

Is there a NNA instructional video for TEXAS Notaries Public that explains the process for witnessing a Safe Deposit Box opening?

06 Mar 2023

Hello. Texas Finance Code 59.109[a-2] states the following: “If the delinquent rent is not paid or, if the rental agreement is otherwise terminated, the contents are not retrieved before the date specified in the notice, the safe deposit company may open the box in the presence of two employees, at least one of whom is an officer or manager of the safe deposit company and at least one of whom is a notary public. The safe deposit company shall inventory the contents of the box in detail as provided by the comptroller’s reporting instructions and place the contents of the box in a sealed envelope or container bearing the name of the lessee” (FC 59.109[a-2]).

27 Feb 2023

Which States Do Allow safe deposit box witnessing?

Hello. Florida authorizes Notaries to certify contents of safe deposit boxes (FS 655.94).

Suzanne Feinberg

22 Dec 2022

What about Arizona? Can a notary witness and issue an affidavit regarding the contents of the Safety deposit box? Are there laws about Safety Deposit Boxes in Arizona for witnessing the contents? Thank you

11 Jan 2023

Hello. Witnessing the opening of a safe deposit box is not an authorized notarial act in Arizona.

Nayshunda O. Burke

05 Dec 2022

Can notaries in GA perform this service as a notarial act? Can notaries in GA be a witness to the transaction and then notarize the document?

Witnessing a safe deposit opening is not an authorized Notarial act in Georgia. As such, no part of the witnessing process can be performed by a Notary Public.

Tracy

22 Aug 2022

Does Pennsylvania require an outside Notary to verify the closing of a safety deposit boxes?

25 Aug 2022

Hello. PA Notaries are not authorized to verify the closing of safe deposit boxes as part of their official duties.

Cindy l herring

23 May 2022

In California for the witness of a safe deposit box opening do you ID the bank officer and write the ID and your journal or do they just sign your journal

26 May 2022

Hello. California Notaries are not authorized to witness the opening of safe deposit boxes as part of their official notarial duties.

Mary Maarouf

16 Jul 2018

Great article.

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