§ 28A‑15‑13. Opening and inventory of decedent's safe‑deposit box.
(a) Definitions. Thefollowing definitions apply to this section:
(1) Institution. Anyentity or person having supervision or possession of a safe‑deposit boxto which a decedent had access.
(1a) Deputy. A personappointed in writing by a lessee or cotenant of a safe‑deposit box ashaving right of access to the safe‑deposit box without further authorityor permission of the lessee or cotenant, in a manner and form designated by theinstitution.
(2) Letter of authority. Letters of administration, letters testamentary, an affidavit of collectionof personal property, an order of summary administration, or a letter directedto the institution designating a person entitled to receive the contents of asafe‑deposit box to which the decedent had access. The letter ofauthority must be signed by the clerk of superior court or by the clerk'srepresentative.
(3) Qualified person. A person possessing a letter of authority or a person named as a deputy, lesseeor cotenant of the safe‑deposit box to which the decedent had access.
(b) Presence of ClerkRequired. Any safe‑deposit box to which a decedent had access shall besealed by the institution having supervision or possession of the box. Exceptas provided in subsection (c) of this section, the presence of the clerk ofsuperior court of the county where the safe‑deposit box is located or thepresence of the clerk's representative is required before the box may beopened. The clerk or the clerk's representative shall open the safe‑depositbox in the presence of the person possessing a key to the box and arepresentative of the institution having supervision or possession of the box.The clerk shall make an inventory of the contents of the box and furnish a copyto the institution and to the person possessing a key to the box.
(c) Presence of ClerkNot Required. The presence of the clerk of superior court or the clerk'srepresentative is not required when the person requesting the opening of thedecedent's safe‑deposit box is a qualified person. In that event, thequalified person shall make an inventory of the contents of the box and furnisha copy to the institution and to the person possessing a key to the box if thatperson is someone other than the qualified person.
(d) TestamentaryInstrument in Box. If the safe‑deposit box contains any writing thatappears to be a will, codicil, or any other instrument of a testamentarynature, then the clerk of superior court or the qualified person shall file theinstrument in the office of the clerk of superior court.
(e) Release ofContents. Except as provided in subsection (d) for testamentary instruments,the institution shall not release any contents of the safe‑deposit box toanyone other than a qualified person.
(f) No Tax WaiverRequired. No tax waiver is required for the release of the contents of thedecedent's safe‑deposit box. (1998‑212, s. 16.14(a); 2003‑255, s. 1.)
§ 28A‑15‑13. Opening and inventory of decedent's safe‑deposit box.
(a) Definitions. Thefollowing definitions apply to this section:
(1) Institution. Anyentity or person having supervision or possession of a safe‑deposit boxto which a decedent had access.
(1a) Deputy. A personappointed in writing by a lessee or cotenant of a safe‑deposit box ashaving right of access to the safe‑deposit box without further authorityor permission of the lessee or cotenant, in a manner and form designated by theinstitution.
(2) Letter of authority. Letters of administration, letters testamentary, an affidavit of collectionof personal property, an order of summary administration, or a letter directedto the institution designating a person entitled to receive the contents of asafe‑deposit box to which the decedent had access. The letter ofauthority must be signed by the clerk of superior court or by the clerk'srepresentative.
(3) Qualified person. A person possessing a letter of authority or a person named as a deputy, lesseeor cotenant of the safe‑deposit box to which the decedent had access.
(b) Presence of ClerkRequired. Any safe‑deposit box to which a decedent had access shall besealed by the institution having supervision or possession of the box. Exceptas provided in subsection (c) of this section, the presence of the clerk ofsuperior court of the county where the safe‑deposit box is located or thepresence of the clerk's representative is required before the box may beopened. The clerk or the clerk's representative shall open the safe‑depositbox in the presence of the person possessing a key to the box and arepresentative of the institution having supervision or possession of the box.The clerk shall make an inventory of the contents of the box and furnish a copyto the institution and to the person possessing a key to the box.
(c) Presence of ClerkNot Required. The presence of the clerk of superior court or the clerk'srepresentative is not required when the person requesting the opening of thedecedent's safe‑deposit box is a qualified person. In that event, thequalified person shall make an inventory of the contents of the box and furnisha copy to the institution and to the person possessing a key to the box if thatperson is someone other than the qualified person.
(d) TestamentaryInstrument in Box. If the safe‑deposit box contains any writing thatappears to be a will, codicil, or any other instrument of a testamentarynature, then the clerk of superior court or the qualified person shall file theinstrument in the office of the clerk of superior court.
(e) Release ofContents. Except as provided in subsection (d) for testamentary instruments,the institution shall not release any contents of the safe‑deposit box toanyone other than a qualified person.
(f) No Tax WaiverRequired. No tax waiver is required for the release of the contents of thedecedent's safe‑deposit box. (1998‑212, s. 16.14(a); 2003‑255, s. 1.)
§ 28A‑15‑13. Opening and inventory of decedent's safe‑deposit box.
(a) Definitions. Thefollowing definitions apply to this section:
(1) Institution. Anyentity or person having supervision or possession of a safe‑deposit boxto which a decedent had access.
(1a) Deputy. A personappointed in writing by a lessee or cotenant of a safe‑deposit box ashaving right of access to the safe‑deposit box without further authorityor permission of the lessee or cotenant, in a manner and form designated by theinstitution.
(2) Letter of authority. Letters of administration, letters testamentary, an affidavit of collectionof personal property, an order of summary administration, or a letter directedto the institution designating a person entitled to receive the contents of asafe‑deposit box to which the decedent had access. The letter ofauthority must be signed by the clerk of superior court or by the clerk'srepresentative.
(3) Qualified person. A person possessing a letter of authority or a person named as a deputy, lesseeor cotenant of the safe‑deposit box to which the decedent had access.
(b) Presence of ClerkRequired. Any safe‑deposit box to which a decedent had access shall besealed by the institution having supervision or possession of the box. Exceptas provided in subsection (c) of this section, the presence of the clerk ofsuperior court of the county where the safe‑deposit box is located or thepresence of the clerk's representative is required before the box may beopened. The clerk or the clerk's representative shall open the safe‑depositbox in the presence of the person possessing a key to the box and arepresentative of the institution having supervision or possession of the box.The clerk shall make an inventory of the contents of the box and furnish a copyto the institution and to the person possessing a key to the box.
(c) Presence of ClerkNot Required. The presence of the clerk of superior court or the clerk'srepresentative is not required when the person requesting the opening of thedecedent's safe‑deposit box is a qualified person. In that event, thequalified person shall make an inventory of the contents of the box and furnisha copy to the institution and to the person possessing a key to the box if thatperson is someone other than the qualified person.
(d) TestamentaryInstrument in Box. If the safe‑deposit box contains any writing thatappears to be a will, codicil, or any other instrument of a testamentarynature, then the clerk of superior court or the qualified person shall file theinstrument in the office of the clerk of superior court.
(e) Release ofContents. Except as provided in subsection (d) for testamentary instruments,the institution shall not release any contents of the safe‑deposit box toanyone other than a qualified person.
(f) No Tax WaiverRequired. No tax waiver is required for the release of the contents of thedecedent's safe‑deposit box. (1998‑212, s. 16.14(a); 2003‑255, s. 1.)
