Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 581-H.F.No. 1790 
           An act relating to commerce; safe deposit companies; 
          providing for performance of will searches upon safe 
          deposit box renter's death; amending Minnesota 
          Statutes 1986, section 55.10, by adding a subdivision. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 55.10, is 
amended by adding a subdivision to read: 
    Subd. 4.  [WILL SEARCHES.] (a) Upon being furnished with 
satisfactory proof of death of a sole lessee or the last 
surviving co-lessee of a safe deposit box, the safe deposit 
company shall open the box and examine the contents in the 
presence of an individual who appears in person and furnishes an 
affidavit stating that the individual believes: 
    (1) the box may contain the will or deed to a burial lot or 
a document containing instructions for the burial of the lessee; 
and 
    (2) the individual is an interested person as defined in 
this section. 
The safe deposit company may not open the box under this section 
if it has received a copy of letters of office of the 
representative of the deceased lessee's estate or other 
applicable court order.  
    (b) The safe deposit company need not open the box if: 
    (1) the box has previously been opened under this section; 
    (2) the safe deposit company has received notice of a 
written or oral objection from any person or has reason to 
believe that there would be an objection; or 
    (3) the lessee's key or combination is not available. 
    (c) For purposes of this section, the "interested person" 
means any of the following: 
    (1) a person named as personal representative in a 
purported will of the lessee; 
    (2) a person who immediately prior to the death of the 
lessee had the right of access to the box as a deputy; 
    (3) the surviving spouse of the lessee; 
    (4) a devisee of the lessee; 
    (5) an heir of the lessee; or 
    (6) a person designated by the lessee in a writing 
acceptable to the safe deposit company which is filed with the 
safe deposit company before death. 
     (d) For purposes of this section, the term "will" includes 
a will or a codicil. 
    (e) The safe deposit company shall remove any document that 
appears to be a will and make a true and correct machine copy 
thereof, replace the copy in the box, and then deliver the 
original thereof to the clerk of court for the county in which 
the lessee resided immediately before the lessee's death, if 
known to the safe deposit company, otherwise to the clerk of the 
court for the county in which the safe deposit box is located.  
The will may be delivered by registered mail.  If the interested 
person so requests, any deed to burial lot or document 
containing instructions for the burial of the lessee may be 
copied by the safe deposit box company and the copy or copies 
thereof delivered to the interested person.  No other contents 
may be removed pursuant to this subdivision. 
    (f) The safe deposit company need not ascertain the truth 
of any statement in the affidavit required to be furnished under 
this subdivision and when acting in reliance upon an affidavit, 
it is discharged as if it dealt with the personal representative 
of the lessee.  If the safe deposit company is not satisfied 
that the requirements of this subdivision have been met, it may 
decline to open the box.  
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective the day after final enactment. 
    Approved April 21, 1988