71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
Senate Bill 186
Sponsored by Senator HANNON (at the request of Oregon Bankers
Association)
CHAPTER ................
AN ACT
Relating to safe deposit boxes; amending ORS 708A.655.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 708A.655 is amended to read:
708A.655. (1) This section applies to the safe deposit box of
any person who is the sole lessee or last surviving lessee of the
box and who has died.
(2) Upon being furnished with a certified copy of the
decedent's death certificate or other evidence of death
satisfactory to the { + Oregon operating + } institution, the
{ + Oregon operating + } institution within which the box is
located shall cause or permit the box to be opened and the
contents of the box examined at the request of an individual who
furnishes an affidavit stating:
(a) That the individual believes the box may contain the will
of the decedent, a trust instrument creating a trust of which the
decedent was a trustor or a trustee at the time of the decedent's
death, documents pertaining to the disposition of the remains of
the decedent, documents pertaining to property of the estate of
the decedent or property of the estate of the decedent; and
(b) That the individual is an interested person as defined in
this section and wishes to open the box to conduct a will search
or trust instrument search, obtain documents relating to the
disposition of the decedent's remains or inventory the contents
of the box.
(3) For the purpose of this section, 'interested person ' means
any of the following:
(a) A person named as personal representative of the decedent
in a purported will of the decedent;
(b) The surviving spouse or any heir of the decedent;
(c) A person who was serving as the court-appointed guardian or
conservator of the decedent or as trustee for the decedent
immediately prior to the decedent's death;
(d) A person named as successor trustee in a purported trust
instrument creating a trust of which the decedent was a trustor
or a trustee at the time of the decedent's death;
(e) A person designated by the decedent in a writing that is
acceptable to the { + Oregon operating + } institution and is
filed with it prior to the decedent's death;
(f) A person who immediately prior to the death of the decedent
had the right of access to the box as an agent of the decedent
under a durable power of attorney; or
Enrolled Senate Bill 186 (SB 186-INTRO) Page 1
(g) If there are no heirs of the decedent, the Director of the
Division of State Lands.
(4) If the box is opened for the purpose of conducting a will
search, the { + Oregon operating + } institution shall remove
any document that appears to be a will, make a true and correct
copy of it and deliver the original will to a person designated
in the will to serve as the decedent's personal representative,
or if no such person is designated or the { + Oregon
operating + } institution cannot, despite reasonable efforts,
determine the whereabouts of such person, the { + Oregon
operating + } institution shall retain the will or deliver it to
a court having jurisdiction of the estate of the decedent. A copy
of the will shall be retained in the box. At the request of the
interested person, a copy of the will, together with copies of
any documents pertaining to the disposition of the remains of the
decedent, may be given to the interested person.
(5) If the box is opened for the purpose of conducting a trust
instrument search, the { + Oregon operating + } institution
shall remove any document that appears to be a trust instrument
creating a trust of which the decedent was a trustor or trustee
at the time of the decedent's death, make a true and correct copy
of it and deliver the original trust instrument to a person
designated in the trust instrument to serve as the successor
trustee on the death of the decedent. If no such person is
designated or the { + Oregon operating + } institution cannot,
despite reasonable efforts, determine the whereabouts of such
person, the { + Oregon operating + } institution shall retain
the trust instrument. A copy of the trust instrument shall be
retained in the box. At the request of any interested person, a
copy of the trust instrument may be given to the interested
person.
(6) If the box is opened for the purpose of obtaining documents
pertaining to the disposition of the decedent's remains, the
{ + Oregon operating + } institution shall comply with
subsection (4) of this section with respect to any will of the
decedent found in the box, and may in its discretion either:
(a) Make and retain in the box a copy of any documents
pertaining to the disposition of the remains of the decedent and
tender the original documents to the interested person; or
(b) Provide a copy of any documents pertaining to the
disposition of the remains of the decedent to the interested
person and retain the original documents in the box.
(7) If the box is opened for the purpose of making an inventory
of its contents, the { + Oregon operating + } institution shall
comply with subsection (4) or (5) of this section with respect to
any will or trust instrument of the decedent that is found in the
box, and shall cause the inventory to be made. The inventory
shall be attested to by a representative of the { + Oregon
operating + } institution and may be attested to by the
interested person, if the interested person is present when the
inventory is made. The { + Oregon operating + } institution
shall retain the original inventory in the box, and shall furnish
a copy of the inventory to the interested person upon request.
(8) The { + Oregon operating + } institution may presume the
truth of any statement contained in the affidavit required to be
furnished under this section, and when acting in reliance upon
such an affidavit, the { + Oregon operating + } institution is
discharged as if it had dealt with the personal representative of
the decedent. The { + Oregon operating + } institution is not
responsible for the adequacy of the description of any property
Enrolled Senate Bill 186 (SB 186-INTRO) Page 2
included in an inventory of the contents of a box, or for the
conversion of the property in connection with actions performed
under this section, except for conversion by intentional acts of
the { + Oregon operating + } institution or its employees,
directors, officers or agents. If the { + Oregon operating + }
institution is not satisfied that the requirements of this
section have been satisfied, the { + Oregon operating + }
institution may decline to open the box.
(9) If the interested person does not furnish the key needed to
open the box, and the { + Oregon operating + } institution must
incur expense in gaining entry to the box, the { + Oregon
operating + } institution may require that the interested person
pay the expense of opening the box.
(10) Any examination of the contents of a box under this
section shall be conducted in the presence of at least one
employee of the { + Oregon operating + } institution.
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Passed by Senate January 26, 2001
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House February 20, 2001
...........................................................
Speaker of House
Enrolled Senate Bill 186 (SB 186-INTRO) Page 3
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled Senate Bill 186 (SB 186-INTRO) Page 4