Oklahoma § 6-1301.2 - Authorization for access to safe deposit box upon death

§ 6-1301.2. Authorization for access to safe deposit box upon death

of lessee.

A. A lessee of a safe deposit box may grant authorization for

one or more persons to have access to that safe deposit box upon the

death of the lessee, and the financial institution in which the safe

deposit box is located shall grant such access, subject to the

provision of this section.

B. The authorization shall be in writing in the following form:

"I hereby authorize access to safe deposit box (number or other

identification) at (name of financial institution) upon my death to

(name of person)." The form shall be signed and dated by the

lessee, and the signature of the lessee shall be notarized. The

authorization may be revoked in writing in the following form: "I

hereby revoke the authorization for access to safe deposit box

(number or other identification) at (name of financial institution)

upon my death to (name of person)." The revocation form shall be

signed and dated by the lessee, and the signature of the lessee

shall be notarized. The authorization also shall be revoked as a

matter of law if the lessee is divorced from the person to whom the

authorization was granted, and no subsequent written authorization

to the former spouse is executed. A copy of any written

authorization and any written revocation shall be provided to the

financial institution at which the safe deposit box is located. In

the event there is more than one lessee for a safe deposit box, all

the lessees must authorize access in the manner provided by this

subsection.

C. Following the death of the lessee, a person who has been

authorized access may submit an affidavit to the financial

institution in which the safe deposit box is located. The affidavit

shall state:

1. That the last surviving lessee of the safe deposit box has

died;

2. That the person providing the affidavit is the same person

named in the authorization, a copy of which shall be attached to the

affidavit;

3. That the authorization has not been revoked; and

4. That the affiant believes that no estate proceeding will be

commenced with respect to the estate of the lessee.

D. Upon receipt of an affidavit as provided in subsection C of

this section, the financial institution shall release all contents

of the safe deposit box to the affiant. The affiant shall take

possession of all contents of the safe deposit box and shall have

the power to terminate the lease on the safe deposit box and close

it.

E. Any person who knowingly signs and submits a false affidavit

as provided by subsection C of this section shall be guilty of a

Oklahoma Statutes - Title 6. Banks and Trust Companies

misdemeanor and shall be liable in damages to any person harmed

thereby.

F. Any financial institution that provides access to and

releases the contents of a safe deposit box under provisions of this

section shall be discharged from all criminal or civil liability for

doing so.

Added by Laws 2006, c. 151, § 2, eff. Nov. 1, 2006. Amended by Laws

2017, c. 53, § 1, eff. Nov. 1, 2017.