Title 7, Chapter 1, Section 356
( 7-1-356)
(a) Any financial institution contracting with a person for the use
of a safe-deposit box or receiving property from a person for
safekeeping, upon presentation of satisfactory proof of the death or
legal incompetence of such person, shall permit any person named in
an order granted by the probate court having jurisdiction of such
person's estate to open and examine the contents of any safe-deposit
box leased by the decedent or legally incompetent person or to
examine the property left by such person for safekeeping, in the
presence of an officer of the financial institution. The financial
institution, if so requested by such person, shall deliver: (1) Any writing purporting to be a will of the decedent to the
probate court having jurisdiction of the decedent's estate; (2) Any writing purporting to be a deed to a burial plot or to
give burial instructions to the person named in such order; (3) Any document purporting to be an insurance policy on the life
of the decedent to the beneficiary named therein; but no other contents shall be removed pursuant to this Code
section. (b) Within five banking days after the order of the court is
presented to the financial institution, the financial institution
shall permit the person named in such order to inventory the
contents of any safe-deposit box leased or rented to the decedent or
legally incompetent person or the property left by such person for
safekeeping. The inventory shall be conducted in the presence of an
officer or employee of the financial institution by the person named
in such order. The inventory shall be signed by such persons, and a
copy thereof shall be retained by the financial institution and may
be filed with the probate court. (c) The financial institution shall be free from all liability with
respect to any action, claim, or demand of whatever nature asserted
by any heir, legatee, distributee, creditor, administrator,
executor, guardian, trustee, or other fiduciary or by any person
whomsoever when acting pursuant to such letters of authority. (d) Upon presentation of a certified copy of his letters of
authority, the financial institution shall grant the personal
representative access to any safe-deposit box or property in
safekeeping in the sole name of a decedent or legally incompetent
person to permit him to remove from such box or place of safekeeping
any part or all of the property therein without liability. |