New Jersey Assembly Bill A1329

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Revises procedures concerning access to decedent's safe-deposit box.

Impact

Once enacted, A1329 will have significant implications on existing state laws governing access to safe-deposit boxes posthumously. The legislation amends various sections of the statutory law to clarify the definitions and procedures involved in these transactions. For instance, the bill stipulates that a lessor is required to remove any documents that appear to be a will and send them to the county Surrogate, ensuring a more efficient transition of important legal documents rather than allowing them to remain within the bank's control.

Summary

Assembly Bill A1329 seeks to establish new procedures for accessing the safe-deposit boxes of decedents in New Jersey. The bill's primary purpose is to streamline the process through which interested parties can gain access to a deceased person's safe-deposit box in order to retrieve essential documents such as the original will or burial documents. Under the proposed law, an 'interested person' is defined and must provide a death certificate and an affidavit to open the box in the presence of the box's lessor.

Contention

There may be points of contention surrounding the definition and designation of 'interested persons.' The criteria for who qualifies as an interested party may lead to disagreements among family members or other potential claimants to the contents of a decedent's safe-deposit box. The bill also raises questions about the responsibilities of lessors in verifying claims and the potential for disputes over access, given the subjective nature of what constitutes a legitimate interest under the legislation.