A. A lessee of a safe deposit box may grant authorization for one or more persons to have access to that safe deposit box upon the death of the lessee, and the financial institution in which the safe deposit box is located shall grant such access, subject to the provision of this section.

B. The authorization shall be in writing in the following form: "I hereby authorize access to safe deposit box (number or other identification) at (name of financial institution) upon my death to (name of person)." The form shall be signed and dated by the lessee, and the signature of the lessee shall be notarized. The authorization may be revoked in writing in the following form: "I hereby revoke the authorization for access to safe deposit box (number or other identification) at (name of financial institution) upon my death to (name of person)." The revocation form shall be signed and dated by the lessee, and the signature of the lessee shall be notarized. The authorization also shall be revoked as a matter of law if the lessee is divorced from the person to whom the authorization was granted, and no subsequent written authorization to the former spouse is executed. A copy of any written authorization and any written revocation shall be provided to the financial institution at which the safe deposit box is located. In the event there is more than one lessee for a safe deposit box, all the lessees must authorize access in the manner provided by this subsection.

C. Following the death of the lessee, a person who has been authorized access may submit an affidavit to the financial institution in which the safe deposit box is located. The affidavit shall state:

1. That the last surviving lessee of the safe deposit box has died;

2. That the person providing the affidavit is the same person named in the authorization, a copy of which shall be attached to the affidavit;

3. That the authorization has not been revoked; and

4. That the affiant believes that no estate proceeding will be commenced with respect to the estate of the lessee.

D. Upon receipt of an affidavit as provided in subsection C of this section, the financial institution shall release all contents of the safe deposit box to the affiant. The affiant shall take possession of all contents of the safe deposit box and shall have the power to terminate the lease on the safe deposit box and close it.

E. Any person who knowingly signs and submits a false affidavit as provided by subsection C of this section shall be guilty of a misdemeanor and shall be liable in damages to any person harmed thereby.

F. Any financial institution that provides access to and releases the contents of a safe deposit box under provisions of this section shall be discharged from all criminal or civil liability for doing so.

Added by Laws 2006, c. 151, § 2, eff. Nov. 1, 2006. Amended by Laws 2017, c. 53, § 1, eff. Nov. 1, 2017.