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MS SB2668

Bill

Status

Passed

3/27/2018

Primary Sponsor

Sally Doty

Click for details

Origin

Senate

2018 Regular Session

AI Summary

  • Creates Section 81-5-64 of Mississippi Code establishing procedures for financial institutions to grant access to safe-deposit boxes after the lessee's death, 180 days after death.

  • Establishes priority order for access: first the personal representative named in the lessee's will (if estate not opened), then a successor (spouse, adult child, parent, or adult sibling in that order) without requiring estate administration.

  • Requires persons seeking access to provide proof of lessee's death, proof of identity, and an affidavit stating no personal representative has been appointed, the estate value does not exceed $50,000, and the applicant qualifies as a successor.

  • Allows access to remove contents only after 180-day waiting period, but permits early interim access to remove wills or burial instructions with full inventory and witnesses present; removed wills must be immediately delivered to the county chancery court clerk.

  • Protects financial institutions from liability when acting in reliance on the affidavit without knowledge of falsity, and prohibits institutions from inquiring into affidavit accuracy or participating in asset disposition; effective July 1, 2018.

Legislative Description

Financial institutions; provide the order of priority to access a safe-deposit box upon death of lessee.

Last Action

Approved by Governor

3/27/2018

Committee Referrals

Banking and Financial Services2/19/2018
Business and Financial Institutions1/15/2018

Full Bill Text

No bill text available