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 ofa copy of the trust 1 5 together with an affidavit by the trusteeeither 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 15includesis 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to include property in the 1 16 safe deposit box, and that, to the knowledge of the trustee, 1 17 the trust has not been revoked. 1 18 EXPLANATION 1 19 This bill relates to safe deposit box access by a trustee 1 20 of a trust created by the deceased owner or lessee of the safe 1 21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 The certification must contain a 1 26 statement that the trust has not been revoked, modified, or 1 27 amended in any manner which would cause the representations 1 28 contained in the certification to be incorrect and must 1 29 contain a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