(1) (a)
Whenever a decedent at the time of his or her death was a sole or joint lessee of a
safe deposit box, the custodian shall, prior to notice that a personal representative
or special administrator has been appointed, allow access to the box by:
(I) If the decedent was the sole lessee of the box, a person claiming to be a
successor of the decedent, or acting on behalf of a successor of the decedent, upon
presentation of an affidavit made pursuant to section 15-12-1201 for the purpose of
delivering the contents of the box in accordance with said section; or
(II) If the decedent was the sole lessee or a joint lessee of the box, a person
who is reasonably believed to be an heir at law or devisee of the decedent, a person
nominated as a personal representative pursuant to the provisions of section 15-12-203 (1)(a), or the agent or attorney of any such person for the purpose of
determining whether the box contains an instrument that appears to be a will of the
decedent, deed to a burial plot, or burial instructions.
(b) (I) If a person described in subparagraph (I) or (II) of paragraph (a) of this
subsection (1) desires access to a safe deposit box but does not possess a key to
the box, the custodian shall drill the safe deposit box at the person's expense.
(II) In the case of a person described in subparagraph (I) of paragraph (a) of
this subsection (1), the custodian shall deliver the contents of the box, other than a
purported will, deed to a burial plot, and burial instructions, to the person in
accordance with section 15-12-1201. In order to protect a custodian in carrying out
his or her duty under the foregoing sentence to examine such contents solely for
the purpose of identifying and withholding specified documents and making
delivery of such contents other than the specified documents to such person, a
custodian is not deemed to have acquired knowledge, either actual or constructive,
pertaining to the value of any of the contents of the box delivered to the person as a
consequence of the examination and delivery.
(III) In the case of a person described in subparagraph (II) of paragraph (a) of
this subsection (1), the custodian shall retain, in a secure location at the person's
expense, the contents of the box other than a purported will, deed to a burial plot,
and burial instructions.
(IV) A custodian shall deliver a purported will as described in subsection (2)
of this section.
(V) If the safe deposit box contains a deed to a burial plot or burial
instructions that are not a part of a purported will, the person or persons authorized
to have access to the safe deposit box under the provisions of subsection (1) of this
section may remove these instruments, and the custodian shall not prevent the
removal.
(VI) Expenses incurred by a custodian pursuant to this section shall be
considered an estate administration expense.
(c) A representative of the custodian shall be present during the entry of a
safe deposit box pursuant to this section.
(1.3) Nothing in this section affects the rights and responsibilities of a public
administrator, as described in sections 15-12-620 and 15-12-621.
(1.5) As used in this section, unless the context otherwise requires:
(a) Custodian means a bank, savings and loan association, credit union, or
other institution acting as a lessor of a safe deposit box, as defined in section 11-46-101, C.R.S., or section 11-101-401, C.R.S.
(b) Representative of a custodian means an authorized officer or employee
of a custodian.
(2) (a) If an instrument purporting to be a will is found in a safe deposit box
as the result of an entry pursuant to subsection (1) of this section, the purported will
shall be removed by the representative of the custodian.
(b) At the request of the person or persons authorized to have access to the
safe deposit box under the provisions of subsection (1) of this section, the
representative of the custodian shall copy each purported will of the decedent, at
the expense of the requesting person, and shall deliver the copy of each purported
will to the person, or if directed by the person, to the person's agent or attorney. In
copying any purported will, the representative of the custodian shall not remove
any staples or other fastening devices or disassemble the purported will in any way.
(c) The custodian shall mail the purported will by registered or certified mail
or deliver the purported will in person to the clerk of the district or probate court of
the county in which the decedent was a resident. If the custodian is unable to
determine the county of residence of the decedent, the custodian shall mail the
purported will by registered or certified mail or deliver the purported will in person
to the office of the clerk of the proper court of the county in which the safe deposit
box is located.
(d) Repealed.
(3) After the appointment of a personal representative or special
administrator for the decedent, the personal representative or special administrator
shall be permitted to enter the safe deposit box upon the same terms and
conditions as the decedent was permitted to enter during his or her lifetime.
(4) Nothing in this section affects the right of surviving joint lessees to enter
a safe deposit box after the death of a decedent.
(5) A custodian shall not be liable to a person for an action taken pursuant to
this section or for a failure to act in accordance with the requirements of this
section unless the action or failure to act is shown to have resulted from the
custodian's bad faith, gross negligence, or intentional misconduct.