Bill Text: MS SB2668 | 2018 | Regular Session | Introduced
Bill Title: Financial institutions; provide the order of priority to access a safe-deposit box upon death of lessee.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2018-03-27 - Approved by Governor [SB2668 Detail]
Download: Mississippi-2018-SB2668-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Business and Financial Institutions; Judiciary, Division A
By: Senator(s) Doty, Parks
Senate Bill 2668
AN ACT TO CREATE SECTION 81-5-64, MISSISSIPPI CODE OF 1972, TO PROVIDE THE ORDER OF PRIORITY BY WHICH A FINANCIAL INSTITUTION MUST GRANT ACCESS TO A SAFE DEPOSIT BOX UPON THE DEATH OF THE LESSEE; TO PROVIDE THAT A PERSON SEEKING ACCESS TO A SAFE DEPOSIT BOX MUST PROVIDE TO A FINANCIAL INSTITUTION CERTAIN DOCUMENTATION; TO PROVIDE LIABILITY PROTECTIONS TO FINANCIAL INSTITUTIONS IN CERTAIN INSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 81-5-64, Mississippi Code of 1972:
81-5-64. (1) Upon the death of a sole lessee or the last surviving co-lessee of a safe deposit box, and at any time after thirty (30) days from the death of such lessee, a financial institution shall grant access in the following order of priority to a safe deposit box leased by the individual at the time of the individual's death:
(a) A person who immediately prior to the death of the individual lessee had the right to access the safe deposit box as a deputy or other agent of the deceased lessee.
(b) The personal representative of the individual's estate, upon the presentation of letters testamentary or letters of administration.
(c) Any individual upon the presentation of a court order directing access to the safe deposit box by that individual.
(d) The personal representative named in the individual's will, upon the presentation of an affidavit meeting the requirements of subsection (4) of this section if a probate estate has not been opened.
(e) The trustee of a trust created by the individual that was revocable during the individual's life, upon the presentation of an affidavit meeting the requirements of subsection (4) of this section if a probate estate has not been opened.
(f) A successor of the deceased safe deposit box lessee, without necessity of administration, upon the presentation of an affidavit meeting the requirements of subsection (4) of this section if a probate estate has not been opened.
(2) A person seeking access to the safe deposit box shall provide the financial institution with the following:
(a) Proof of the decedent's death. Proof shall be provided by a certified copy of the decedent's death certificate, a certified copy of a U.S. Department of State Report of Death of an American Citizen Abroad, or such other official documentation issued by the government of the United States, any state of the United states or a political subdivision thereof which contains the individual's full legal name, marital status, social security number, place of death, date of birth, date of death and cause of death; and
(b) Reasonable proof of the identity of the person seeking access. Reasonable proof of identity for purposes of this section shall mean:
(i) An unexpired government-issued driver's license or nondriver's identification card issued by this state;
(ii) An unexpired passport issued by the United States Department of State;
(iii) An unexpired identification card issued by any branch of the Armed Forces of the United States of America which contains a photograph and description of the person named on it, is signed by the person, and bears a serial or other identifying number;
(iv) A passport issued by a foreign government that has been stamped by the United States Immigration and Naturalization Service which contains a photograph and description of the person named on it, is signed by the person, and bears a serial or other identifying number; or
(v) An identification card issued by a state other than Mississippi which contains a photograph and description of the person named on it, is signed by the person, and bears a serial or other identifying number.
(3) A person granted access to a safe deposit box under subsection (1) of this section may exercise the following rights:
(a) The right to open the safe deposit box in the presence of one (1) employee of the financial institution, after which an inventory of the contents of the safe deposit box must be prepared by the individual requesting access and signed by the person granted access to the safe deposit box and the employee of the financial institution who witnessed the inventory of the contents.
(b) The right to remove the contents of the safe deposit box.
(c) The right to cancel the lease for the safe deposit box.
(4) An affidavit required by subsection (1)(d), (1)(e), or 1(f) of this section must contain the following information:
(a) The name of the individual leasing the safe deposit box and the date of the individual's death, which must be at least thirty (30) days prior to the date of the affidavit.
(b) A statement as to whether the individual died testate or intestate.
(c) The name of the county in which the individual was domiciled at the time of the individual's death.
(d) A statement that no application or petition for the appointment of a personal representative has been granted or is pending in any jurisdiction.
(e) A statement under the penalty of perjury that the affiant is qualified under subsection (1)(d), (1)(e) or 1(f) of this section to obtain access to the safe deposit box leased by the individual and the facts establishing such qualification.
(5) A financial institution that is presented with a request for access to a safe deposit box by a person described in subsection (1) of this section who has a key to the safe deposit box may grant access to the safe deposit box upon presentation of the appropriate documentation required by subsection (1) of this section and the safe deposit box key.
(6) Any person to whom access to a safe deposit box is provided in accordance with this section shall be answerable and accountable to the personal representative or executor of the estate of the decedent if one is subsequently opened. However, a financial institution that provides access to a safe deposit box under this section is discharged and released from liability and responsibility for the assets held in the safe deposit box to the same extent as if the financial institution had dealt with the personal representative or executor of the decedent. The financial institution is not required to:
(a) Inquire into the truth of any statement in an affidavit presented under this section; or
(b) Participate in the disposition of the assets held in the safe deposit box or ensure that such assets are properly handled or disposed of.
(7) If a person described in subsection (1) of this section does not have a key to the safe deposit box and a financial institution requires the services of a locksmith or other contractor to gain access to a safe deposit box, the financial institution may charge the person described in subsection (1) of this section a lost key drilling, or similar fee or require the person described in subsection (1) of this section to pay any cost associated with the services of a locksmith or other contractor necessary to gain access to the safe deposit box. The financial institution shall have a reasonable amount of time to have the safe deposit box drilled after payment of the required fee and allow the person described in subsection (1) of this section to access the safe deposit box.
(8) The person given access to the safe deposit box shall deliver all wills found in the safe deposit box to the clerk of the chancery court of the county in which the decedent was domiciled at the time of the decedent's death.
(9) A financial institution that acts in reliance upon an affidavit described in subsection (4) of this section without knowledge that the representations contained therein are incorrect is not liable to any person for so acting. A financial institution that does not have actual knowledge that the facts contained in the affidavit described in subsection (4) of this section are incorrect may assume without inquiry the existence of the facts contained in the affidavit. Any financial institution relying on the affidavit described in subsection (4) of this section shall be indemnified from the assets of the estate of the deceased lessee and the affiant signing the affidavit for any costs, damages, attorneys' fees, or other expenses incurred in defending any action against the financial institution arising from the acceptance of an affidavit described in subsection (4) of this section by the financial institution.
(10) Definitions. For purposes of this section, the following terms shall have the following meanings:
(a) "Financial institution" shall mean any banking corporation, national bank, savings and loan association, credit union or postal savings bank operating within the State of Mississippi.
(b) "Safe deposit box" means a storage container maintained in the vault area of a financial institution leased to financial institution customers for the safekeeping of personal property and can be accessed with keys, pin numbers or some other security device.
(c) "Successor" means the decedent's spouse; or if there is no surviving spouse of the decedent, then the adult with whom any minor children of the decedent are residing; or if there is no surviving spouse or minor children of the decedent, then any adult child of the decedent; or if there is not a surviving spouse or children of the decedent, then either parent of the decedent; or, if there is no surviving spouse, children or parent of the decedent, then any adult sibling of the decedent.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.
