§ 524.810A — Safe deposit box access

Iowa § 524.810A

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 524: BANKS

Text

1. A bank shall permit a person named in and authorized by a court order to open,
examine, and remove the contents of a safe deposit box located at the bank. If a court order
has not been delivered to the bank, the following persons may access and remove any or all
contents of a safe deposit box located at a state bank which box is described in an ownership
or rental agreement or lease between the bank and a deceased owner or lessee:
a. A co-owner or co-lessee of the safe deposit box.
b. A person designated in the safe deposit box agreement or lease to have access to the
safe deposit box upon the death of the lessee, to the extent provided in the safe deposit box
agreement or lease.
c. An executor or administrator of the estate of a deceased owner or lessee upon delivery
to the state bank of a certified copy of letters of appointment.
d. A person named as an executor in a copy of a purported will produced by the person,
providedsuchaccessshallbelimitedtotheremovalofapurportedwill, andnoothercontents
shall be removed.
e. A trustee of a trust created by the deceased owner or lessee upon delivery to the state
bank of either of the following:
(1) A certification of trust pursuant to section 633A.4604 which certifies that the trust
property is reasonably believed to include property in the safe deposit box.
§524.810A, BANKS 56
(2) A copy of the trust with an affidavit by the trustee which certifies that a copy of the
trust delivered to the state bank with the affidavit is an accurate and complete copy of the
trust, that the trustee is the duly authorized and acting trustee under the trust, that the trust
property is reasonably believed to include property in the safe deposit box, and that, to the
knowledge of the trustee, the trust has not been revoked.
2. A person removing any contents of a safe deposit box pursuant to subsection 1 shall
deliver any writing purported to be a will of the decedent to the court having jurisdiction over
the decedent’s estate.
3. a. If a person authorized to have access under subsection 1 does not request access to
the safe deposit box within the thirty-day period immediately following the date of death of
the owner or lessee of a safe deposit box, and the state bank has knowledge of the death of
the owner or lessee of the safe deposit box, the safe deposit box may be opened by or in the
presence of two employees of the state bank. If no key is produced, the state bank may cause
the safe deposit box to be opened and the state bank shall have a claim against the estate
of the deceased owner or lessee and a lien upon the contents of the safe deposit box for the
costs of opening and resealing the safe deposit box.
b. If a safe deposit box is opened pursuant to paragraph “a”, the bank employees present
at such opening shall do all of the following:
(1) Remove any purported will of the deceased owner or lessee.
(2) Unseal, copy, and retain in the records of the state bank a copy of a purported will
removed from the safe deposit box. An additional copy of such purported will shall be made,
dated, and signed by the bank employees present at the safe deposit box opening and placed
in the safe deposit box. The safe deposit box shall then be resealed.
(3) The original of a purported will shall be sent by registered or certified mail or
personally delivered to the district court in the county of the last known residence of the
deceased owner or lessee, or the court having jurisdiction over the testator’s estate. If the
residence is unknown or last known and not in this state, the purported will shall be sent by
registered or certified mail or personally delivered to the district court in the county where
the safe deposit box is located.
4. The state bank may rely upon published information or other reasonable proof of death
of an owner or lessee. A state bank has no duty to inquire about or discover, and is not liable
to any person for failure to inquire about or discover, the death of the owner or lessee of a
safe deposit box. A state bank has no duty to open or cause to be opened, and is not liable to
any person for failure to open or cause to be opened, a safe deposit box of a deceased owner
or lessee. Upon compliance with the requirements of subsection 1 or 3, the state bank is not
liable to any person as a result of the opening of the safe deposit box, removal and delivery
of the purported will, or retention of the unopened safe deposit box and contents.