§768. Transfer of contents of safety deposit boxes by an association to succession or estate
representatives, legatees, heirs, minors, or interdicts; authority
A.For all purposes, an association may deal with safety deposit boxes and the
contents therein titled in the name of a deceased customer, in accordance with its contract
with its customer, until the association receives notice in writing specifically addressed to
it of the death of its customer.
B.Regardless of whether an association has received written notice of the death of
its customer and regardless of any prior action by an association to freeze or restrict access
and transactions related to its deceased customer's safety deposit box, upon receipt of letters
testamentary, letters of administration, or letters of independent
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§768. Transfer of contents of safety deposit boxes by an association to succession or estate
representatives, legatees, heirs, minors, or interdicts; authority
A. For all purposes, an association may deal with safety deposit boxes and the
contents therein titled in the name of a deceased customer, in accordance with its contract
with its customer, until the association receives notice in writing specifically addressed to
it of the death of its customer.
B. Regardless of whether an association has received written notice of the death of
its customer and regardless of any prior action by an association to freeze or restrict access
and transactions related to its deceased customer's 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, an association may grant access to or allow the transfer
of the contents of a safety deposit box titled in the name of its deceased customer to the
succession or estate representative. Notwithstanding the provisions of Code of Civil
Procedure Article 3402 or other applicable laws, an association may grant access to or allow
the transfer of contents of a safety deposit box titled in the name of the deceased customer
to the succession or estate representative appointed by a court outside of Louisiana. The
letters of the succession or estate representative shall constitute full and proper authority for
allowing the succession or estate representative to access, remove, or transfer the contents
of a safety deposit box titled in the name of the deceased customer, and the association shall
have no liability related to such activity or transaction involving its deceased customer's
safety deposit box. The association may continue to follow the direction of the authorized
succession or estate representative related to safety deposit boxes of its deceased customer
unless and until the association receives a subsequent court order, issued by a court of
competent jurisdiction, specifically naming and directing the association to cease following
the written direction of the succession or estate representative or receives a subsequent court
order limiting or terminating the authority of or replacing the succession or estate
representative.
C. The receipt of a 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 deceased customer's estate shall constitute full and proper
authority for the association holding a safety deposit box or other property titled in the name
of the deceased customer's name to transfer those assets to the legatees or heirs entitled to
such property under the judgment of possession or court order. When an association makes
such a transfer, there shall be full protection to the association against any heir, legatee,
creditor, or other person having any right or claim to funds or property of its deceased
customer, and the association shall have no liability related to such transfer or transaction
involving its deceased customer's safety deposit box or money or other property in the
association's possession, and the association shall have no liability for any inheritance tax
due thereon.
D. 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 association
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 association paying the money or delivering the
property pursuant to the provisions of this Subsection on account of the payment, delivery,
or transfer.
E. Upon proper authority, an association may transfer the contents of a safety deposit
box belonging to an interdict or a minor to the legal representative of such interdict or minor.
The letters issued to the legal representative by a court of competent jurisdiction shall
constitute proper authority for making the transfer, which when so made and receipted for,
shall be full protection to the association.
F. Conclusive proof to the association of the letters testamentary, letters of
administration, or letters of independent administration of the succession representative, or
of the judgment of possession, and of the jurisdiction of the court rendering them, shall be
as provided in R.S. 6:325(D).