Senate Study Bill 3025

                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            JUDICIARY BILL BY
                                            CHAIRPERSON REDFERN)


    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 5146XC 80
  6 rh/pj/5

PAG LIN

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  1 17 the trust has not been revoked.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  1 26 statement that the trust has not been revoked, modified, or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