§ 533.318 — Safe deposit box access

Iowa § 533.318

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 533: CREDIT UNIONS

Text

1. A state credit union shall permit a person named in and authorized by a court order to
open, examine, andremovethecontentsofasafedepositboxlocatedatthestatecreditunion.
2. If a court order has not been delivered to a state credit union, the following persons
may access and remove any or all contents of a safe deposit box located at the state credit
union and described in an ownership or rental agreement or lease between the state credit
union 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 credit union 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
credit union of a copy of the trust together with an affidavit by the trustee that certifies that
the copy of the trust delivered to the state credit union with the affidavit is an accurate and
complete copy of the trust, the trustee is the duly authorized and acting trustee under the
trust, the trust property includes property in the safe deposit box, and that to the knowledge
of the trustee the trust has not been revoked.
3. Apersonremovinganycontentsofasafedepositboxpursuanttosubsection1or2shall
deliver any writing purported to be a will of the decedent to the court having jurisdiction over
the decedent’s estate.
4. a. Ifapersonauthorizedtohaveaccessundersubsection1or2doesnotrequestaccess
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 credit union 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 credit union.
b. If a safe deposit box is opened pursuant to paragraph “a”, the state credit union
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 credit union 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 credit union 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 certified mail or restricted 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 certified mail or restricted certified mail or personally delivered to the district court in the
county where the safe deposit box is located.
c. Ifnokeyisproduced, thestatecreditunionmaycausethesafedepositboxtobeopened
andthestatecreditunionshallhaveaclaimagainsttheestateofthedeceasedownerorlessee
and a lien upon the contents of the safe deposit box for the costs of opening and resealing
the safe deposit box.
5. a. A state credit union may rely upon published information or other reasonable proof
of death of an owner or lessee.
b. A state credit union 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.
c. A state credit union 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.
d. Upon compliance with the requirements of this section as appropriate, the state credit
unionisnotliabletoanypersonasaresultoftheopeningofthesafedepositbox, removaland
delivery of the purported will, or retention of the unopened safe deposit box and contents.