2009 Iowa Code
Title 13 - Commerce
Subtitle 2 - Financial Institutions
CHAPTER 524 - BANKS
524.810A - SAFE DEPOSIT BOX ACCESS.

        524.810A  SAFE DEPOSIT BOX ACCESS.
         1.  A bank shall permit a person named in and authorized by a
      court order to open, examine, and remove the contents of a safe
      deposit box located at the bank.  If a court order has not been
      delivered to the bank, the following persons may access and remove
      any or all contents of a safe deposit box located at a state bank
      which box is described in an ownership or rental agreement or lease
      between the state bank and a deceased owner or lessee:
         a.  A co-owner or co-lessee of the safe deposit box.
         b.  A person designated in the safe deposit box agreement or
      lease to have access to the safe deposit box upon the death of the
      lessee, to the extent provided in the safe deposit box agreement or
      lease.
         c.  An executor or administrator of the estate of a deceased
      owner or lessee upon delivery to the state bank of a certified copy
      of letters of appointment.
         d.  A person named as an executor in a copy of a purported
      will produced by the person, provided such access shall be limited to
      the removal of a purported will, and no other contents shall be
      removed.
         e.  A trustee of a trust created by the deceased owner or
      lessee upon delivery to the state bank of either of the following:
         (1)  A certification of trust pursuant to section 633A.4604 which
      certifies that the trust property is reasonably believed to include
      property in the safe deposit box.
         (2)  A copy of the trust with an affidavit by the trustee which
      certifies that a copy of the trust delivered to the state bank with
      the affidavit is an accurate and complete copy of the trust, that the
      trustee is the duly authorized and acting trustee under the trust,
      that the trust property is reasonably believed to include property in
      the safe deposit box, and that, to the knowledge of the trustee, the
      trust has not been revoked.
         2.  A person removing any contents of a safe deposit box pursuant
      to subsection 1 shall deliver any writing purported to be a will of
      the decedent to the court having jurisdiction over the decedent's
      estate.
         3. a.  If a person authorized to have access under subsection
      1 does not request access to the safe deposit box within the
      thirty-day period immediately following the date of death of the
      owner or lessee of a safe deposit box, and the state bank has
      knowledge of the death of the owner or lessee of the safe deposit
      box, the safe deposit box may be opened by or in the presence of two
      employees of the state bank.  If no key is produced, the state bank
      may cause the safe deposit box to be opened and the state bank shall
      have a claim against the estate of the deceased owner or lessee and a
      lien upon the contents of the safe deposit box for the costs of
      opening and resealing the safe deposit box.
         b.  If a safe deposit box is opened pursuant to paragraph
      "a", the bank employees present at such opening shall do all of
      the following:
         (1)  Remove any purported will of the deceased owner or lessee.
         (2)  Unseal, copy, and retain in the records of the state bank a
      copy of a purported will removed from the safe deposit box.  An
      additional copy of such purported will shall be made, dated, and
      signed by the bank employees present at the safe deposit box opening
      and placed in the safe deposit box.  The safe deposit box shall then
      be resealed.
         (3)  The original of a purported will shall be sent by registered
      or certified mail or personally delivered to the district court in
      the county of the last known residence of the deceased owner or
      lessee, or the court having jurisdiction over the testator's estate.
      If the residence is unknown or last known and not in this state, the
      purported will shall be sent by registered or certified mail or
      personally delivered to the district court in the county where the
      safe deposit box is located.
         4.  The state bank may rely upon published information or other
      reasonable proof of death of an owner or lessee.  A state bank has no
      duty to inquire about or discover, and is not liable to any person
      for failure to inquire about or discover, the death of the owner or
      lessee of a safe deposit box.  A state bank has no duty to open or
      cause to be opened, and is not liable to any person for failure to
      open or cause to be opened, a safe deposit box of a deceased owner or
      lessee.  Upon compliance with the requirements of subsection 1 or 3,
      the state bank is not liable to any person as a result of the opening
      of the safe deposit box, removal and delivery of the purported will,
      or retention of the unopened safe deposit box and contents.  

         99 Acts, ch 148, §1; 2004 Acts, ch 1102, §1, 2; 2005 Acts, ch 38,
      §55
         Referred to in § 524.108