Bill > S130

Introduced Session

This bill would establish procedures for accessing a decedent's safe-deposit box to search for the original will and burial documents. Under the provisions of the bill, an "interested person" would be authorized to open a safe-deposit box in the presence of the box's lessor provided that person furnishes a copy of the decedent's death certificate and an affidavit whereby he states that he is an interested party and would like access to the box to obtain the lessee's original will or to obtain burial documents which he believes may be contained in the safe-deposit box. An "interested person" is defined in the bill as any person who immediately prior to the death of the safe-deposit box's lessee had the right of access to the box as a deputy, any person named as executor in a copy furnished by him of a purported will of the lessee, or the spouse, an adult descendant, parent, brother or sister of the lessee. If the affidavit states that none of the persons described above is available to be present at the opening of the safe-deposit box, the term "interested person" shall also mean any other person who the lessor in its sole discretion determines may have a legitimate interest in the filing of the lessee's will or in the arrangements for his burial. Under the provisions of the bill, the lessor would be required to remove the original will from the box and deliver it (by certified or registered mail, return receipt requested) to the Surrogate of the county in which the lessee resided immediately prior to his death, or to the Surrogate of the county in which the safe-deposit box is located. The interested person would receive a photocopy of the original will, trust instrument or burial documents. This bill would take effect 180 days after the date of enactment and would apply to any safe-deposit box or other receptacle rented by any decedent dying on or after the effective date. However, the bill would allow the Commissioner of Banking and Insurance to take any necessary anticipatory administrative action necessary for the implementation of the bill. This bill also amends section 4 of P.L.1955, c.151 (C.46:39-4) (safe-deposit receptacle rentals) and R.S.17:14A-52 (safe-deposit companies) to provide the appropriate cross-references to the new procedures established by the bill.

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Nilsa Cruz-Perez (D)*, 

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/09/2024)

Official Document