(1)For purposes of this section:
(a)Custodian
means a bank, savings and loan association, credit union, or other institution
acting as a lessor of a safe deposit box; and
(b)Representative of a
custodian means an authorized officer or employee of a custodian.
(2)(a) If a decedent
at the time of his or her death was a sole or last surviving joint lessee
of a safe deposit box, the custodian shall, prior to notice that a personal
representative or special administrator has been appointed for such decedent's
estate, allow access to the safe deposit box to determine whether the safe
deposit box contains an instrument that appears to be an original will of
the decedent, a deed to a burial plot, or burial instructions. The following
persons may have such access:
(i)A person who presents an af
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(1) For purposes of this section:
(a) Custodian
means a bank, savings and loan association, credit union, or other institution
acting as a lessor of a safe deposit box; and
(b) Representative of a
custodian means an authorized officer or employee of a custodian.
(2)(a) If a decedent
at the time of his or her death was a sole or last surviving joint lessee
of a safe deposit box, the custodian shall, prior to notice that a personal
representative or special administrator has been appointed for such decedent's
estate, allow access to the safe deposit box to determine whether the safe
deposit box contains an instrument that appears to be an original will of
the decedent, a deed to a burial plot, or burial instructions. The following
persons may have such access:
(i) A person who presents an affidavit
described in subsection (4) of this section that affiant reasonably believes
that he or she is either (A) an heir at law of the decedent, (B) a devisee
of the decedent or a person nominated as a personal representative as shown
in a photocopy of a will which is attached to such affidavit, or (C) the agent
or attorney specifically authorized in writing by a person described in subdivision
(2)(a)(i)(A) or (B) of this section; or
(ii) A person who, under the terms of the
safe deposit box lease or a power of attorney at the time of the decedent's
death, was legally permitted to enter the safe deposit box, unless otherwise
provided by the lease or the power of attorney.
(b) If a person described
in subdivision (2)(a) of this section desires access to a safe deposit box
but does not possess a key to the box, the custodian may open the safe deposit
box by any means necessary at the person's request and expense or the custodian
may require the person to obtain a court order for the custodian to open the
safe deposit box at the requesting person's expense. The custodian shall retain,
in a secure location at such person's expense, the contents of the box other
than a purported will, deed to a burial plot, and burial instructions. A custodian
shall deliver a purported will as described in subdivision (5)(b) of this
section. A person described in subdivision (2)(a)(i) of this section may remove
a deed to a burial plot and burial instructions that are not part of a purported
will pursuant to subdivision (5)(d) of this section, and the custodian shall
not prevent the removal. Expenses incurred by a custodian or by the person
seeking the documents pursuant to this section shall be considered an estate
administration expense.
(3) A representative of the custodian shall be present during the
entry of a safe deposit box pursuant to this section.
(4) The affidavit referred
to in subdivision (2)(a)(i) of this section shall state:
(a) That the
sole or last surviving lessee of a safe deposit box has died and the date
of his or her death, and a copy of the death certificate shall be attached;
(b) If the person
submitting the affidavit is an attorney or agent of the affiant, that such
appointment is for the purpose of accompanying the opening of the safe deposit
box. In lieu of this statement, the appointment shall accompany the affidavit;
and
(c)
That the affiant:
(i)(A) Is an heir at law of the deceased lessee and a description
of such person's relationship to the deceased lessee;
(B) Is reasonably thought
to be a devisee of the decedent based on the provisions of a will, a photocopy
of which is submitted with the affidavit; or
(C) Is reasonably thought
to be nominated as personal representative pursuant to the terms of a will,
a photocopy of which is submitted with the affidavit;
(ii) Swears or affirms that
all statements in the affidavit are true and material and further acknowledges
that any false statement may subject the person to penalties relating to perjury
under section 28-915 ; and
(iii) Has no knowledge of an application or petition for the appointment
of a personal representative pending or granted in any jurisdiction.
(5)(a) If an
instrument purporting to be a will is found in a safe deposit box as the result
of an entry pursuant to subsection (2) of this section, the representative
of the custodian shall remove the purported will.
(b) The custodian shall
mail the purported will by registered or certified mail or deliver the purported
will in person to the clerk of the county court of the county in which the
decedent was a resident. If the custodian is unable to determine the county
of residence of the decedent, the custodian shall mail the purported will
by registered or certified mail or deliver the purported will in person to
the office of the clerk of the county court of the county in which the safe
deposit box is located.
(c) At the request of the person or persons authorized to have
access to the safe deposit box under subsection (2) of this section, the representative
of the custodian shall copy each purported will of the decedent, at the expense
of the requesting person, and shall deliver the copy of each purported will
to the person, or if directed by the person, to the person's agent or attorney.
In copying any purported will, the representative of the custodian shall not
remove any staples or other fastening devices or disassemble the purported
will in any way.
(d) If the safe deposit box contains a deed to a burial plot or
burial instructions that are not a part of a purported will, the person or
persons authorized to have access to the safe deposit box under subsection
(2) of this section may remove these instruments or request that the representative
of the custodian copy the deed to the burial plot or burial instructions at
the expense of the requesting person.
(6) This section does not limit the right
of a personal representative or a special administrator for the decedent,
or a successor of the decedent pursuant to section 30-24,125 , to have access
to the safe deposit box as otherwise provided by law.
(7) Unless limited by the
safe deposit box lease, a surviving co-lessee of the safe deposit box may
continue to enter the safe deposit box notwithstanding the death of the decedent.
(8) A custodian
shall not be liable to a person for an action taken pursuant to this section
or for a failure to act in accordance with the requirements of this section
unless the action or failure to act is shown to have resulted from the custodian's
bad faith, gross negligence, or intentional misconduct.