§325. Death of a customer and access and transfer of contents of safety deposit boxes,
money, and other property by bank to succession or estate representatives, legatees,
or heirs; authority
A. For all purposes, a bank may deal with a safety deposit box or money, on deposit
or otherwise, and any other property in a bank's possession titled in the name of a deceased
customer in accordance with its contract with its deceased customer until the bank receives
notice in writing specifically addressed to it of the death of its customer.
B.
(1)Regardless of whether a bank receives written notice of the death of its
customer and regardless of any prior action by a bank to freeze or restrict access and
transactions related to its deceased customer's accounts or safety deposit box, upon receipt
of
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§325. Death of a customer and access and transfer of contents of safety deposit boxes,
money, and other property by bank to succession or estate representatives, legatees,
or heirs; authority
A. For all purposes, a bank may deal with a safety deposit box or money, on deposit
or otherwise, and any other property in a bank's possession titled in the name of a deceased
customer in accordance with its contract with its deceased customer until the bank receives
notice in writing specifically addressed to it of the death of its customer.
B.(1) Regardless of whether a bank receives written notice of the death of its
customer and regardless of any prior action by a bank to freeze or restrict access and
transactions related to its deceased customer's accounts or safety deposit box, upon receipt
of letters testamentary, letters of administration, or letters of independent administration,
issued by a court of competent jurisdiction in this state or any other state, appointing an
authorized succession or estate representative, a bank may grant access to or allow the
transfer of contents of a safety deposit box or money or other property titled in the name of
the bank's deceased customer to the succession or estate representative.
(2) Notwithstanding the provisions of Code of Civil Procedure Article 3402 or other
applicable laws, a bank may grant access to or allow the transfer of contents of a safety
deposit box or money or other property titled in the name of the bank's deceased customer
to the succession or estate representative appointed by a court outside of Louisiana.
(3) The letters appointing the succession or estate representative shall constitute full
and proper authority for allowing the succession or estate representative to access, withdraw,
or transfer money or property of the bank's deceased customer, and the bank shall have no
liability related to such activity or transaction involving the deceased customer's safety
deposit box or money or other property in the bank's possession.
(4) The bank may continue to follow the direction of the authorized succession or
estate representative related to the safety deposit box or money or other property of its
deceased customer unless and until the bank receives a subsequent court order, issued by a
court of competent jurisdiction, specifically naming and directing the bank to cease following
the written direction of the succession or estate representative, or the bank receives a
subsequent court order, issued by a court of competent jurisdiction, limiting or terminating
the authority of or replacing the succession or estate representative.
C. The judgment of possession or court order issued by a court of competent
jurisdiction in this state or any other state recognizing and putting the legatees or heirs in
possession of the bank's deceased customer's estate shall constitute full and proper authority
for the bank holding a safety deposit box or money or other property titled in the name of its
deceased customer to transfer those assets to the legatees or heirs entitled to such property
under the judgment of possession or court order. When a bank makes such a transfer, the
bank shall have full protection from any heir, legatee, creditor, or other person having any
right or claim to money or other property of its deceased customer. The bank shall have no
liability related to any such transfer or transaction involving its deceased customer's safety
deposit box or money or other property in the bank's possession.
D. Conclusive proof to the bank of the letters testamentary, letters of administration,
letters of independent administration of the succession or estate representative, or judgment
of possession or court order and of the jurisdiction of the court rendering them shall result
from copies thereof, duly certified when rendered by a court of this state or of any other state,
or certified according to the law of the place when rendered by a court of any possession or
dependency of the United States, or certified according to the law of the place with the
genuineness of the certification attested by a consular agent of the United States when
rendered by a court of any foreign country.
E. A small succession affidavit authorized by Title V of Book VI of the Code of
Civil Procedure shall constitute full and sufficient authority for the payment or delivery of
any money or property, including property held in a safety deposit box, of the deceased
customer described in the affidavit to the heirs or legatees of the deceased customer and the
surviving spouse in community, if any, in the percentages listed therein, by the bank having
such money or property in its possession or under its control. The transfer of the money or
delivery of property identified in the affidavit to the persons named in the affidavit
constitutes a full release and discharge for the payment of money or delivery of property and
any creditor, heir, legatee, succession representative, or other person whatsoever shall have
no right or cause of action against the bank paying the money or delivering the property
pursuant to the provisions of this Subsection on account of the payment, delivery, or transfer.