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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2 5 trust has not been revoked.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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