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1 17 the trust has not been revoked.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1 26 statement that the trust has not been revoked, modified, or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