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Senate File 413

Partial Bill History

Bill Text

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  2  5 trust has not been revoked.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

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