§ 30.1-23-05 — Will searches, burial documents procurement, and inventory of contents

1. Upon being furnished with satisfactory proof of death of a sole lessee or the last
surviving co-lessee of a safe deposit box, the safe deposit company may open the box
for an individual who appears in person and furnishes an affidavit stating the following:
a. The box may contain the will or deed to a burial lot or a document containing
instructions for the burial of the lessee or that the box may contain property
belonging to the estate of the lessee;
b. The individual is an interested person and wishes to open the box:
(1) To conduct a will search;
(2) To obtain a document required to facilitate the lessee's wishes regarding
body, funeral, or burial arrangements; or
(3) To make an inventory of the contents of the box; and
c. There has been no application for or appointment of a personal representative or
administrator for the decedent's estate.
2. The safe deposit company may not open the box under this section if it has received a
copy of letters from the representative of the deceased lessee's estate or other
applicable court order.
3. The safe deposit company need not open the box if the lessee's key or combination is
not available.
4. For purposes of this section, the term "interested person" means:
a. A person named as personal representative in a purported will of the lessee;
b. A person who immediately prior to the death of the lessee had the right of access
to the box;
c. The surviving spouse of the lessee;
d. A devisee of the lessee;
e. An heir of the lessee; or
f. A person designated by the lessee in a writing acceptable to the safe deposit
company which is filed with the safe deposit company before death.
5. The safe deposit company need not ascertain the truth of any statement in the affidavit
required to be furnished under this section, and when acting in reliance upon an
affidavit, it is discharged as if it dealt with the personal representative of the lessee.
The safe deposit company is not responsible for the adequacy of the description of
any property included in an inventory of the contents of a safe deposit box, nor for
conversion of the property in connection with actions performed under this section,
except for conversion by intentional acts of the company or its employees, directors,
officers, or agents. If the safe deposit company is not satisfied that the requirements of
this section have been met, it may decline to open the box.
6. No contents of a box other than a will and a document required to facilitate the
lessee's wishes regarding body, funeral, or burial arrangements may be removed
pursuant to this section.