Senate File 2155

                                       SENATE FILE       
                                       BY  COMMITTEE ON JUDICIARY

                                       (SUCCESSOR TO SSB 3025)


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to safe deposit box access by a trustee of a
  2    trust created by the deceased owner or lessee of the safe
  3    deposit box.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 5146SV 80
  6 rh/pj/5

PAG LIN

  1  1    Section 1.  Section 524.810A, subsection 1, unnumbered
  1  2 paragraph 1, Code 2003, is amended to read as follows:
  1  3    A bank shall permit a person named in and authorized by a
  1  4 court order to open, examine, and remove the contents of a
  1  5 safe deposit box located at the bank.  If a court order has
  1  6 not been delivered to the bank, the following persons may
  1  7 access and remove any or all contents of a safe deposit box
  1  8 located at a state bank and which box is described in an
  1  9 ownership or rental agreement or lease between the state bank
  1 10 and a deceased owner or lessee:
  1 11    Sec. 2.  Section 524.810A, subsection 1, paragraph e, Code
  1 12 2003, is amended to read as follows:
  1 13    e.  A trustee of a trust created by the deceased owner or
  1 14 lessee upon delivery to the state bank of a copy of the trust
  1 15 together with an affidavit by the trustee either of the
  1 16 following:
  1 17    (1)  A certification of trust pursuant to section 633.4604
  1 18 which certifies that the trust property is reasonably believed
  1 19 to include property in the safe deposit box.
  1 20    (2)  A copy of the trust with an affidavit by the trustee
  1 21 which certifies that a copy of the trust delivered to the
  1 22 state bank with the affidavit is an accurate and complete copy
  1 23 of the trust, that the trustee is the duly authorized and
  1 24 acting trustee under the trust, that the trust property
  1 25 includes is reasonably believed to include property in the
  1 26 safe deposit box, and that, to the knowledge of the trustee,
  1 27 the trust has not been revoked.
  1 28    Sec. 3.  Section 533.49E, subsection 1, unnumbered
  1 29 paragraph 1, Code 2003, is amended to read as follows:
  1 30    A credit union shall permit a person named in and
  1 31 authorized by a court order to open, examine, and remove the
  1 32 contents of a safe deposit box located at the credit union.
  1 33 If a court order has not been delivered to the credit union,
  1 34 the following persons may access and remove any or all
  1 35 contents of a safe deposit box located at a state credit union
  2  1 and which box is described in an ownership or rental agreement
  2  2 or lease between the state credit union and a deceased owner
  2  3 or lessee:
  2  4    Sec. 4.  Section 533.49E, subsection 1, paragraph e, Code
  2  5 2003, is amended to read as follows:
  2  6    e.  A trustee of a trust created by the deceased owner or
  2  7 lessee upon delivery to the state credit union of a copy of
  2  8 the trust together with an affidavit by the trustee either of
  2  9 the following:
  2 10    (1)  A certification of trust pursuant to section 633.4604
  2 11 which certifies that the trust property is reasonably believed
  2 12 to include property in the safe deposit box.
  2 13    (2)  A copy of the trust with an affidavit by the trustee
  2 14 which certifies that a copy of the trust delivered to the
  2 15 state credit union with the affidavit is an accurate and
  2 16 complete copy of the trust, that the trustee is the duly
  2 17 authorized and acting trustee under the trust, that the trust
  2 18 property includes is reasonably believed to include property
  2 19 in the safe deposit box, and that to the knowledge of the
  2 20 trustee the trust has not been revoked.
  2 21                           EXPLANATION
  2 22    This bill relates to safe deposit box access by a trustee
  2 23 of a trust created by the deceased owner or lessee of the safe
  2 24 deposit box.  The bill allows such a trustee to present a
  2 25 certification of trust to a bank or a credit union to gain
  2 26 access to the contents of a deceased owner's or lessee's safe
  2 27 deposit box.  The requirements for a certification of trust
  2 28 are contained in Code section 633.4604.  The certification
  2 29 must contain a statement that the trust has not been revoked,
  2 30 modified, or amended in any manner which would cause the
  2 31 representations contained in the certification to be incorrect
  2 32 and must contain a statement that it is being signed by all of
  2 33 the currently acting trustees of the trust and is sworn and
  2 34 subscribed to under penalty of perjury before a notary public.
  2 35 LSB 5146SV 80
  3  1 rh/pj/5