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Regular Session, 2013
SENATE BILL NO. 190
BY SENATOR GALLOT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
BANKS/BANKING. Provides relative to banks and mutual associations. (gov sig)
AN ACT1
To amend and reenact R.S. 6:325, 767, and 768, relative to banks and mutual associations;2
to provide for the access and transfer of the contents of a safety deposit box by a3
bank or association to a succession representative, heir, or legatee; to provide for4
access and transfer of the contents of certain accounts of a bank or association to a5
succession representative, heir, or legatee; to provide for procedure, terms, and6
conditions; to provide for an effective date; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 6:325, 767, and 768 are hereby amended and reenacted to read as9
follows:10
§325. Death of a customer and access and transfer Transfer of contents of safety11
deposit boxes, money and other property by bank to succession12
representatives, legatees, or heirs or their representatives, executors,13
or administrators; authority14
A. For all purposes, a A bank may deal with a safety deposit boxes or box15
or money, on deposit or otherwise, and any other property in it's a bank's possession16
titled standing in the name of a deceased customer person or in which the latter had17 SB NO. 190
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an interest in accordance with its contract with its deceased customer until the bank1
receives notice in writing specifically addressed to it of the death of the its customer.2
After receipt of such notice in writing and upon proper authority and upon obtaining3
a receipt therefor, any bank may transfer the contents of a safety deposit box or any4
money and other property in its possession standing in the name of a deceased person5
or in which the latter had an interest to the succession representative, the surviving6
spouse, heirs, or legatees of the deceased.7
B.(1) The letters of the succession representative or the judgment recognizing8
and putting the heirs in possession issued by a court of competent jurisdiction and9
accompanied by letters of tutorship or curatorship of the heirs who are not sui juris10
shall constitute proper authority for making the transfer which, when so made and11
receipted for, shall be full protection to the bank as to any heir, legatee, creditor, or12
other person having rights or claims to funds or property of the decedent.13
Regardless of whether a bank receives written notice of the death of its14
customer and regardless of any prior action by a bank to freeze or restrict15
access and transactions related to its deceased customer's accounts or safety16
deposit box, upon receipt of letters testamentary, letters of administration, or17
letters of independent administration establishing the appointment of an18
authorized succession representative, a bank may grant access to or allow the19
transfer of contents of a safety deposit box or money or other property titled in20
the name of the bank's deceased customer to the succession representative.21
(2) The letters of the succession representative shall constitute full and22
proper authority for allowing the succession representative to access, withdraw,23
or transfer money or property of the bank's deceased customer, and the bank24
shall have no liability related to such activity or transaction involving the25
deceased customer's safety deposit box or money or other property in the26
bank's possession.27
(3) The bank may continue to follow the direction of the authorized28
succession representative related to the safety deposit box or money or other29 SB NO. 190
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property of its deceased customer, unless and until the bank receives a1
subsequent order specifically naming and directing the bank to cease following2
the written direction of the succession representative, or the bank receives a3
subsequent order limiting or terminating the authority of or replacing the4
succession representative.5
C. The judgment of possession recognizing and putting the legatees or6
heirs in possession of the bank's deceased customer's estate shall constitute full7
and proper authority for the bank holding a safety deposit box or money or8
other property titled in the name of its deceased customer to transfer those9
assets to the legatees or heirs entitled to such property under the judgment of10
possession. When a bank makes such a transfer, the bank shall have full11
protection from any heir, legatee, creditor, or other person having any right or12
claim to money or other property of its deceased customer. The bank shall have13
no liability related to any such transfer or transaction involving its deceased14
customer's safety deposit box or money or other property in the bank's15
possession.16
C. D. Conclusive proof to the bank of the letters testamentary, letters of17
administration, letters of independent administration of the succession18
representative, or judgment of possession and of the jurisdiction of the court19
rendering them shall result from copies thereof, duly certified when rendered by a20
court of this state, or certified according to the Acts of Congress when rendered by21
a court of any other state, or certified according to the law of the place when22
rendered by a court of any possession or dependency of the United States, or23
certified according to the law of the place with the genuineness of the certification24
attested by a consular agent of the United States when rendered by a court of any25
foreign country.26
D. The receipt to be obtained by the bank may be in any form, but it shall be27
signed either by the succession representative accompanied by a certified copy of the28
letters or by the heirs or the legal representatives of the heirs who are not sui juris29 SB NO. 190
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accompanied by a certified copy of the judgment recognizing and putting the heirs1
in possession and by a certified copy of the letters of tutorship or curatorship of the2
legal representatives of the heirs who are not sui juris.3
* * *4
§767. Death of member or depositor and access and transfer of money and5
property by association to succession representatives, legatees, or6
heirs; authority7
A. Upon the death of a member or depositor, the rights of membership or of8
a depositor shall continue in the executor, administrator, succession representatives,9
legatees, or heirs, or surviving spouse of the deceased depositor, as the case may be.10
B. The association shall transfer these shares or savings accounts and all11
dividends or interest which have accrued on them as provided by law. For all12
purposes, an association may deal with money, on deposit or otherwise, held by13
an association in a savings account, demand account, deposit account, share14
account, and with any other property, titled in the name of its deceased member15
or depositor in accordance with its contract with its deceased member or16
depositor until the association receives notice in writing specifically addressed17
to it of the death of the member or depositor.18
C. Upon proper authority and surrender of any certificates and evidences of19
ownership of a decedent in shares or savings accounts of an association, by any duly20
qualified administrator or executor of the succession of such decedent, every21
association may pay the withdrawal value of shares, or savings accounts and any22
dividends or interest that may have accrued thereon in its possession belonging to a23
deceased person, to the administrator or executor of the deceased's succession. The24
letters of the succession representative issued by a court shall constitute a proper25
authority for making payment to such administrator or executor, shall constitute full26
protection to the association making any such payment, and the association shall27
have no liability for any inheritance tax due thereon. Regardless of whether the28
association has received written notice of the death of its member or depositor29 SB NO. 190
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and regardless of any prior action by an association to freeze or restrict access1
and transactions related to its deceased member's or depositor's shares or2
accounts, upon receipt of the letters testamentary, letters of administration, or3
letters of independent administration establishing the appointment of an4
authorized succession representative, an association may grant access to or5
allow the transfer of money or other property titled in the name of its deceased6
member or depositor to the succession representative. The letters of the7
succession representative shall constitute full and proper authority for the8
association to grant access to or allow the transfer of the withdrawal value of9
share accounts, demand accounts, deposit accounts, or savings accounts and any10
dividends or interest that may have accrued thereon or any money or property11
held in the name of the deceased member or depositor to such succession12
representative, and the association shall have no liability related to such activity13
or transactions involving its deceased member's or depositor's money or14
property in its possession, and the association shall have no liability for any15
inheritance tax due thereon. The association may continue to follow the16
direction of the authorized succession representative related to the money or17
other property titled in its deceased member's or depositor's name, unless and18
until the association receives a subsequent order specifically naming the19
association and directing the association to cease following the written direction20
of the succession representative, or the association receives a subsequent order21
limiting or terminating the authority of or replacing the succession22
representative.23
D. The judgment of possession recognizing and putting the legatees or24
heirs in possession of the deceased customer's estate shall constitute full and25
proper authority for the association holding a safety deposit box or money or26
other property titled in the name of its deceased member or customer to27
transfer those assets to the legatees or heirs entitled to such property under the28
judgment of possession, and when an association makes such a transfer, there29 SB NO. 190
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words in boldface type and underscored are additions.
shall be full protection to the association against any heir, legatee, creditor, or1
other person having any right or claim to money or property of its deceased2
customer. The association shall have no liability related to such transfers or3
transactions involving its deceased customer's money or other property in the4
association's possession.5
E. Conclusive proof to the association of the letters testamentary, letters6
of administration, or letters of independent administration of the succession7
representative, or of the judgment of possession, and of the jurisdiction of the8
court rendering them, shall be as provided in R.S. 6:325(D).9
D. F. Any association may pay to the surviving spouse the value of any10
savings or demand account or shares standing in the name of the decedent in such11
association without authorization by any court proceeding, order, or judgment,12
whether the savings account or shares belong to the separate estate of the decedent13
or to the community property regime which existed between the decedent and the14
surviving spouse, subject to the provisions of R.S. 9:1513.15
§768. Transfer of contents of safety deposit boxes by an association to succession16
representatives, legatees, heirs, minors or interdicts, their legal17
representatives, executors or administrators; authority18
A. For all purposes, an An association may deal with safety deposit boxes19
and the contents therein standing titled in the name of a deceased customer person,20
or in which the latter had an interest, in accordance with its contract with its21
customer until the association receives notice in writing specifically addressed to it22
of the death of said its customer. After receipt of such notice in writing and upon23
proper authority and upon obtaining a receipt therefor, any association may transfer24
the contents of a safety deposit box standing in the name of a deceased person or in25
which the latter had an interest, to the succession representative, the surviving26
spouse, heirs, or legatees of the deceased.27
B. Regardless whether an association has received written notice of the28
death of its customer and regardless of any prior action by an association to29 SB NO. 190
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words in boldface type and underscored are additions.
freeze or restrict access and transactions related to its deceased customer's1
safety deposit box, upon receipt of letters testamentary, letters of2
administration, or letters of independent administration establishing the3
appointment of an authorized succession representative, an association may4
grant access to or allow the transfer the contents of a safety deposit box titled5
in the name of its deceased customer, to the succession representative. The6
letters of the succession representative shall constitute full and proper authority7
for allowing the succession representative to access, remove, or transfer the8
contents of a safety deposit box titled in the name of the deceased customer, and9
the association shall have no liability related to such activity or transaction10
involving its deceased customer's safety deposit box. The association may11
continue to follow the direction of the authorized succession representative12
related to safety deposit boxes of its deceased customer, unless and until the13
association receives a subsequent order specifically naming and directing the14
association to cease following the written direction of the succession15
representative or receives a subsequent order limiting or terminating the16
authority of or replacing the succession representative. or the judgment17
recognizing and putting the heirs in possession issued by a court of competent18
jurisdiction, and accompanied by letters of tutorship or curatorship of the heirs who19
are not sui juris, shall constitute proper authority for making the transfer, which,20
when so made and receipted for, shall be full protection to the association as to any21
heir, legatee, creditor, or other person having rights or claims to funds or property22
of the decedent, and the association shall have no liability for any inheritance tax due23
thereon.24
C. The receipt of a judgment of possession recognizing and putting the25
legatees or heirs in possession of the deceased customer's estate shall constitute26
full and proper authority for the association holding a safety deposit box or27
other property titled in the name of the deceased customer's name to transfer28
those assets to the legatees or heirs entitled to such property under the29 SB NO. 190
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words in boldface type and underscored are additions.
judgment of possession, and when an association makes such a transfer, there1
shall be full protection to the association against any heir, legatee, creditor, or2
other person having any right or claim to funds or property of its deceased3
customer, and the association shall have no liability related to such transfer or4
transaction involving its deceased customer's safety deposit box or money or5
other property in the association's possession, and the association shall have no6
liability for any inheritance tax due thereon.7
C. D. Upon proper authority and upon obtaining a receipt therefor, an8
association may transfer the contents of a safety deposit box belonging to an interdict9
or a minor to the legal representative of such interdict or minor. The letters issued10
to the legal representative by a court of competent jurisdiction shall constitute proper11
authority for making the transfer, which when so made and receipted for, shall be full12
protection to the association.13
D. The receipt to be obtained by the association may be in any form, but it14
shall be signed either by the succession representative accompanied by a certified15
copy of the letters or by the heirs or the legal representatives of the heirs who are not16
sui juris, accompanied by a certified copy of the judgment recognizing and putting17
the heirs in possession and by a certified copy of the letters of tutorship or18
curatorship of the legal representatives of the heirs who are not sui juris. In the case19
of minors or interdicts, the receipt shall be signed by the legal representative of the20
minor or interdict and accompanied by a certified copy of the letters issued to such21
legal representative.22
E. Conclusive proof to the association of the letters testamentary, letters23
of administration, or letters of independent administration of the succession24
representative, or of the judgment of possession, and of the jurisdiction of the25
court rendering them, shall be as provided in R.S. 6:325(D).26
Section 2. This Act shall become effective upon signature by the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If29 SB NO. 190
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Gallot (SB 190)
Present law provides for the disposition of contents of a safety deposit box and money and
any other property of a deceased customer of a bank.
Proposed law provides that for all purposes, a bank may deal with a safety deposit box or
money and any other property in its possession titled in the name of a deceased customer in
accordance with its contract with its deceased customer until the bank receives notice in
writing specifically addressed to it of the death of its customer.
Present law provides that after a bank receives written notice of the death of its customer and
upon proper authority and upon obtaining a receipt therefor, any bank may transfer the
contents of a safety deposit box or any money and other property in its possession standing
in the name of a deceased person or in which the latter had an interest to the succession
representative, the surviving spouse, heirs, or legatees of the deceased.
Present law provides that the letters of the succession representative or the judgment
recognizing and putting the heirs in possession issued by a court of competent jurisdiction
and accompanied by letters of tutorship or curatorship of the heirs who are not sui juris shall
constitute proper authority for making the transfer which, when so made and receipted for,
shall be full protection to the bank as to any heir, legatee, creditor, or other person having
rights or claims to funds or property of the decedent.
Proposed law provides that regardless whether a bank receives written notice of the death
of its customer and regardless of any prior action by a bank to freeze or restrict access and
transactions related to its deceased customer's accounts or safety deposit box, upon receipt
of letters testamentary, letters of administration, or letters of independent administration
establishing the appointment of an authorized succession representative, a bank may grant
access to or allow the transfer of contents of a safety deposit box or money or other property
titled in the name of the bank's deceased customer to the succession representative.
Proposed law provides that the letters of the succession representative shall constitute full
and proper authority for allowing the succession representative to access, withdraw, or
transfer money or property of the bank's deceased customer, and the bank shall have no
liability related to such activity or transaction involving the deceased customer's safety
deposit box or money or other property in the bank's possession.
Proposed law provides that the bank may continue to follow the direction of the authorized
succession representative related to the safety deposit box or money or other property of its
deceased customer, unless and until the bank receives a subsequent order specifically
naming and directing the bank to cease following the written direction of the succession
representative, or the bank receives a subsequent order limiting or terminating the authority
of or replacing the succession representative.
Proposed law provides that the judgment of possession recognizing and putting the legatees
or heirs in possession of the bank's deceased customer's estate shall constitute full and proper
authority for the bank holding a safety deposit box or money or other property titled in the
name of its deceased customer to transfer those assets to the legatees or heirs entitled to such
property under the judgment of possession. SB NO. 190
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words in boldface type and underscored are additions.
Proposed law provides that when a bank makes such a transfer, the bank shall have full
protection from any heir, legatee, creditor, or other person having any right or claim to
money or other property of its deceased customer.
Proposed law provides that the bank shall have no liability related to any such transfer or
transaction involving its deceased customer's safety deposit box or money or other property
in the bank's possession.
Present law provides that conclusive proof to the bank of the letters or judgment and of the
jurisdiction of the court rendering them shall result from copies thereof, duly certified when
rendered by a court of this state, or certified according to the Acts of Congress when
rendered by a court of any other state, or certified according to the law of the place when
rendered by any other state or certified according to the law of the place with the
genuineness of the certification attested by a consular agent of the United States when
rendered by a court of any foreign country.
Proposed law provides that conclusive proof to the bank of the letters testamentary, letters
of administration, or letters of independent administration of the succession representative
shall be the same as the proof required in present law.
Present law provides for the form of the receipt of the written notice by the bank of the death
of its customer.
Proposed law removes this provision of law.
Present law provides that upon the death of a member or depositor, the rights of membership
of a depositor shall continue in the executor, administrator, heirs, or surviving spouse of the
deceased depositor, as the case may be.
Proposed law provides that upon the death of a member or depositor, the rights of
membership or of a depositor shall continue in the succession representatives, legatees, or
heirs of the deceased depositor, as the case may be.
Present law provides that the association shall transfer these shares or savings accounts and
all dividends or interest which have accrued on them as provided by law.
Proposed law provides that for all purposes, an association may deal with money, on deposit
or otherwise, held by an association in a savings account, demand account, deposit account,
share account, and with any other property, titled in the name of its deceased member or
depositor in accordance with its contract with its deceased member or depositor until the
association receives notice in writing specifically addressed to it of the death of the member
or depositor.
Present law provides that upon proper authority and surrender of any certificates and
evidences of ownership of a decedent in shares or savings accounts of an association, by any
duly qualified administrator or executor of the succession of such decedent, every
association may pay the withdrawal value of shares, or savings accounts and any dividends
or interest that may have accrued thereon in its possession belonging to a deceased person,
to the administrator or executor of the deceased's succession.
Present law provides that the letters of the succession representative issued by a court shall
constitute a proper authority for making payment to such administrator or executor, shall
constitute full protection to the association making any such payment, and the association
shall have no liability for any inheritance tax due thereon.
Proposed law removes these provisions of present law.
Proposed law provides that regardless whether the association has received written notice SB NO. 190
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words in boldface type and underscored are additions.
of the death of its member or depositor and regardless of any prior action by an association
to freeze or restrict access and transactions related to its deceased member's or depositor's
shares or accounts, upon receipt of the letters testamentary, letters of administration, or
letters of independent administration establishing the appointment of an authorized
succession representative, an association may grant access to or allow the transfer of money
or other property titled in the name of its deceased member or depositor to the succession
representative.
Proposed law provides that the letters of the succession representative shall constitute full
and proper authority for the association to grant access to or allow the transfer of the
withdrawal value of share accounts, demand accounts, deposit accounts, or savings accounts
and any dividends or interest that may have accrued thereon or any money or property held
in the name of the deceased member or depositor to such succession representative, and the
association shall have no liability related to such activity or transactions involving its
deceased member's or depositor's money or property in its possession, and the association
shall have no liability for any inheritance tax due thereon.
Proposed law provides that the association may continue to follow the direction of the
authorized succession representative related to the money or other property titled in its
deceased member's or depositor's name, unless and until the association receives a
subsequent order specifically naming the association and directing the association to cease
following the written direction of the succession representative, or the association receives
a subsequent order limiting or terminating the authority of or replacing the succession
representative.
Proposed law provides that the judgment of possession recognizing and putting the legatees
or heirs in possession of the deceased customer's estate shall constitute full and proper
authority for the association holding a safety deposit box or money or other property titled
in the name of its deceased member or customer to transfer those assets to the legatees or
heirs entitled to such property under the judgment of possession, and when an association
makes such a transfer, there shall be full protection to the association against any heir,
legatee, creditor, or other person having any right or claim to money or property of its
deceased customer.
Proposed law further provides that the association shall have no liability related to such
transfers or transactions involving its deceased customer's money or other property in the
association's possession.
Proposed law provides that conclusive proof to the association of the letters testamentary,
letters of administration, or letters of independent administration of the succession
representative, or of the judgment of possession, and of the jurisdiction of the court
rendering them, shall be as provided by law.
Present law provides that an association may deal with safety deposit boxes and the contents
therein in the name of a deceased person, or in which the latter had an interest, in accordance
with its contract with its customer until the association receives notice in writing addressed
to it of the death of its customer.
Present law provides that after receipt of such notice in writing and upon proper authority
and upon obtaining a receipt therefor, any association may transfer the contents of a safety
deposit box standing in the name of a deceased person or in which the latter had an interest,
to the succession representative, the surviving spouse, heirs, or legatees of the deceased.
Proposed law removes the provisions of present law.
Proposed law provides that regardless whether an association has received written notice of
the death of its customer and regardless of any prior action by an association to freeze or
restrict access and transactions related to its deceased customer's safety deposit box, upon SB NO. 190
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words in boldface type and underscored are additions.
receipt of letters testamentary, letters of administration, or letters of independent
administration establishing the appointment of an authorized succession representative, an
association may grant access to or allow the transfer of the contents of a safety deposit box
titled in the name of its deceased customer, to the succession representative, and an
association may otherwise follow whatever directions its receives from the succession
representative.
Proposed law provides that the succession representative shall constitute full and proper
authority for allowing the succession representative to access, remove, or transfer the
contents of a safety deposit box titled in the name of the deceased customer, and the
association shall have no liability related to such activity or transaction involving its
deceased customer's safety deposit box.
Proposed law provides that the association may continue to follow the direction of the
authorized succession representative related to safety deposit boxes of its deceased customer,
unless and until the association receives a subsequent order specifically naming and directing
the association to cease following the written direction of the succession representative or
receives a subsequent order limiting or terminating the authority of or replacing the
succession representative.
Proposed law provides that the receipt of a judgment of possession recognizing and putting
the legatees or heirs in possession of the deceased customer's estate shall constitute full and
proper authority for the association holding a safety deposit box or other property titled in
the name of the deceased customer's name to transfer those assets to the legatees or heirs
entitled to such property under the judgment of possession, and when an association makes
such a transfer, there shall be full protection to the association against any heir, legatee,
creditor, or other person having any right or claim to funds or property of its deceased
customer, and the association shall have no liability related to such transfer or transaction
involving its deceased customer's safety deposit box or money or other property in the
association's possession, and the association shall have no liability for any inheritance tax
due thereon.
Present law provides upon proper authority and upon obtaining a receipt therefor, an
association may transfer the contents of a safety deposit box belonging to an interdict or a
minor to the legal representative of such interdict or minor. The letters issued to the legal
representative by a court of competent jurisdiction shall constitute proper authority for
making the transfer, which when so made and receipted for, shall be full protection to the
association.
Proposed law retains present law but removes the requirement of obtaining a receipt.
Present law provides that the receipt to be obtained by the association may be in any form,
but it shall be signed either by the succession representative accompanied by a certified copy
of the letters or by the heirs or the legal representatives of the heirs who are not sui juris,
accompanied by a certified copy of the judgment recognizing and putting the heirs in
possession and by a certified copy of the letters of tutorship or curatorship of the legal
representatives of the heirs who are not sui juris. In the case of minors or interdicts, the
receipt shall be signed by the legal representative of the minor or interdict and accompanied
by a certified copy of the letters issued to such legal representative.
Proposed law removes the provisions of present law.
Proposed law provides that conclusive proof to the association of the letters testamentary,
letters of administration, or letters of independent administration of the succession
representative, or of the judgment of possession, and of the jurisdiction of the court
rendering them, shall be as provided by law.
Effective upon signature of the governor or lapse of time for gubernatorial action. SB NO. 190
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words in boldface type and underscored are additions.
(Amends R.S. 6:325, 767, and 768)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Commerce, Consumer
Protection, and International Affairs to the original bill
1. Changes the effective date from August 1, 2013 to effective upon signature
of the governor or lapse of time for gubernatorial action.