Text: SF00412 Text: SF00414 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 413 1 2 1 3 AN ACT 1 4 PROVIDING FOR ACCESS TO A SAFE DEPOSIT BOX ON THE DEATH OF THE 1 5 OWNER OR LESSEE OF SUCH BOX, AND EXEMPTING STATE BANKS AND 1 6 CREDIT UNIONS FROM LIABILITY ASSOCIATED WITH SUCH ACCESS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. NEW SECTION. 524.810A SAFE DEPOSIT BOX ACCESS 1 11 ON DEATH OF OWNER OR LESSEE. 1 12 1. A bank shall permit a person named in and authorized by 1 13 a court order to open, examine, and remove the contents of a 1 14 safe deposit box located at the bank. If a court order has 1 15 not been delivered to the bank, the following persons may 1 16 access and remove any or all contents of a safe deposit box 1 17 located at a state bank and described in an ownership or 1 18 rental agreement or lease between the state bank and a 1 19 deceased owner or lessee: 1 20 a. A co-owner or co-lessee of the safe deposit box. 1 21 b. A person designated in the safe deposit box agreement 1 22 or lease to have access to the safe deposit box upon the death 1 23 of the lessee, to the extent provided in the safe deposit box 1 24 agreement or lease. 1 25 c. An executor or administrator of the estate of a 1 26 deceased owner or lessee upon delivery to the state bank of a 1 27 certified copy of letters of appointment. 1 28 d. A person named as an executor in a copy of a purported 1 29 will produced by the person, provided such access shall be 1 30 limited to the removal of a purported will, and no other 1 31 contents shall be removed. 1 32 e. A trustee of a trust created by the deceased owner or 1 33 lessee upon delivery to the state bank of a copy of the trust 1 34 together with an affidavit by the trustee which certifies that 1 35 the copy of the trust delivered to the state bank with the 2 1 affidavit is an accurate and complete copy of the trust, the 2 2 trustee is the duly authorized and acting trustee under the 2 3 trust, the trust property includes property in the safe 2 4 deposit box, and that to the knowledge of the trustee the 2 5 trust has not been revoked. 2 6 2. A person removing any contents of a safe deposit box 2 7 pursuant to subsection 1 shall deliver any writing purported 2 8 to be a will of the decedent to the court having jurisdiction 2 9 over the decedent's estate. 2 10 3. a. If a person authorized to have access under 2 11 subsection 1 does not request access to the safe deposit box 2 12 within the thirty-day period immediately following the date of 2 13 death of the owner or lessee of a safe deposit box, and the 2 14 state bank has knowledge of the death of the owner or lessee 2 15 of the safe deposit box, the safe deposit box may be opened by 2 16 or in the presence of two employees of the state bank. If no 2 17 key is produced, the state bank may cause the safe deposit box 2 18 to be opened and the state bank shall have a claim against the 2 19 estate of the deceased owner or lessee and a lien upon the 2 20 contents of the safe deposit box for the costs of opening and 2 21 resealing the safe deposit box. 2 22 b. If a safe deposit box is opened pursuant to paragraph 2 23 "a", the bank employees present at such opening shall do all 2 24 of the following: 2 25 (1) Remove any purported will of the deceased owner or 2 26 lessee. 2 27 (2) Unseal, copy, and retain in the records of the state 2 28 bank a copy of a purported will removed from the safe deposit 2 29 box. An additional copy of such purported will shall be made, 2 30 dated, and signed by the bank employees present at the safe 2 31 deposit box opening and placed in the safe deposit box. The 2 32 safe deposit box shall then be resealed. 2 33 (3) The original of a purported will shall be sent by 2 34 registered or certified mail or personally delivered to the 2 35 district court in the county of the last known residence of 3 1 the deceased owner or lessee, or the court having jurisdiction 3 2 over the testator's estate. If the residence is unknown or 3 3 last known and not in this state, the purported will shall be 3 4 sent by registered or certified mail or personally delivered 3 5 to the district court in the county where the safe deposit box 3 6 is located. 3 7 4. The state bank may rely upon published information or 3 8 other reasonable proof of death of an owner or lessee. A 3 9 state bank has no duty to inquire about or discover, and is 3 10 not liable to any person for failure to inquire about or 3 11 discover, the death of the owner or lessee of a safe deposit 3 12 box. A state bank has no duty to open or cause to be opened, 3 13 and is not liable to any person for failure to open or cause 3 14 to be opened, a safe deposit box of a deceased owner or 3 15 lessee. Upon compliance with the requirements of subsection 1 3 16 or 3, the state bank is not liable to any person as a result 3 17 of the opening of the safe deposit box, removal and delivery 3 18 of the purported will, or retention of the unopened safe 3 19 deposit box and contents. 3 20 Sec. 2. NEW SECTION. 533.49E SAFE DEPOSIT ACCESS ON 3 21 DEATH OF OWNER OR LESSEE. 3 22 1. A credit union shall permit a person named in and 3 23 authorized by a court order to open, examine, and remove the 3 24 contents of a safe deposit box located at the credit union. 3 25 If a court order has not been delivered to the credit union, 3 26 the following persons may access and remove any or all 3 27 contents of a safe deposit box located at a state credit union 3 28 and described in an ownership or rental agreement or lease 3 29 between the state credit union and a deceased owner or lessee: 3 30 a. A co-owner or co-lessee of the safe deposit box. 3 31 b. A person designated in the safe deposit box agreement 3 32 or lease to have access to the safe deposit box upon the death 3 33 of the lessee, to the extent provided in the safe deposit box 3 34 agreement or lease. 3 35 c. An executor or administrator of the estate of a 4 1 deceased owner or lessee upon delivery to the state credit 4 2 union of a certified copy of letters of appointment. 4 3 d. A person named as an executor in a copy of a purported 4 4 will produced by the person, provided such access shall be 4 5 limited to the removal of a purported will, and no other 4 6 contents shall be removed. 4 7 e. A trustee of a trust created by the deceased owner or 4 8 lessee upon delivery to the state credit union of a copy of 4 9 the trust together with an affidavit by the trustee which 4 10 certifies that the copy of the trust delivered to the state 4 11 credit union with the affidavit is an accurate and complete 4 12 copy of the trust, the trustee is the duly authorized and 4 13 acting trustee under the trust, the trust property includes 4 14 property in the safe deposit box, and that to the knowledge of 4 15 the trustee the trust has not been revoked. 4 16 2. A person removing any contents of a safe deposit box 4 17 pursuant to subsection 1 shall deliver any writing purported 4 18 to be a will of the decedent to the court having jurisdiction 4 19 over the decedent's estate. 4 20 3. a. If a person authorized to have access under 4 21 subsection 1 does not request access to the safe deposit box 4 22 within the thirty-day period immediately following the date of 4 23 death of the owner or lessee of a safe deposit box, and the 4 24 state credit union has knowledge of the death of the owner or 4 25 lessee of the safe deposit box, the safe deposit box may be 4 26 opened by or in the presence of two employees of the state 4 27 credit union. If no key is produced, the state credit union 4 28 may cause the safe deposit box to be opened and the state 4 29 credit union shall have a claim against the estate of the 4 30 deceased owner or lessee and a lien upon the contents of the 4 31 safe deposit box for the costs of opening and resealing the 4 32 safe deposit box. 4 33 b. If a safe deposit box is opened pursuant to paragraph 4 34 "a", the credit union employees present at such opening shall 4 35 do all of the following: 5 1 (1) Remove any purported will of the deceased owner or 5 2 lessee. 5 3 (2) Unseal, copy, and retain in the records of the state 5 4 credit union a copy of a purported will removed from the safe 5 5 deposit box. An additional copy of such purported will shall 5 6 be made, dated, and signed by the credit union employees 5 7 present at the safe deposit box opening and placed in the safe 5 8 deposit box. The safe deposit box shall then be resealed. 5 9 (3) The original of a purported will shall be sent by 5 10 registered or certified mail or personally delivered to the 5 11 district court in the county of the last known residence of 5 12 the deceased owner or lessee or the court having jurisdiction 5 13 over the testator's estate. If the residence is unknown or 5 14 last known and not in this state, the purported will shall be 5 15 sent by registered or certified mail or personally delivered 5 16 to the district court in the county where the safe deposit box 5 17 is located. 5 18 4. The state credit union may rely upon published 5 19 information or other reasonable proof of death of an owner or 5 20 lessee. A state credit union has no duty to inquire about or 5 21 discover, and is not liable to any person for failure to 5 22 inquire about or discover, the death of the owner or lessee of 5 23 a safe deposit box. A state credit union has no duty to open 5 24 or cause to be opened, and is not liable to any person for 5 25 failure to open or cause to be opened, a safe deposit box of a 5 26 deceased owner or lessee. Upon compliance with the 5 27 requirements of subsection 1 or 2, the state credit union is 5 28 not liable to any person as a result of the opening of the 5 29 safe deposit box, removal and delivery of the purported will, 5 30 or retention of the unopened safe deposit box and contents. 5 31 5 32 5 33 5 34 MARY E. KRAMER 5 35 President of the Senate 6 1 6 2 6 3 6 4 RON J. CORBETT 6 5 Speaker of the House 6 6 6 7 I hereby certify that this bill originated in the Senate and 6 8 is known as Senate File 413, Seventy-eighth General Assembly. 6 9 6 10 6 11 6 12 MICHAEL E. MARSHALL 6 13 Secretary of the Senate 6 14 Approved , 1999 6 15 6 16 6 17 6 18 THOMAS J. VILSACK 6 19 Governor
Text: SF00412 Text: SF00414 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
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