NOTE: The governor signed this measure on 3/18/2015.
      
      
      HOUSE BILL 15-1064
      
      
      BY REPRESENTATIVE(S) Nordberg, Fields, Mitsch Bush, Pettersen,
      Priola, Roupe, Saine, Van Winkle, Young;
      also SENATOR(S) Holbert, Lambert, Lundberg, Woods.
      
      
      Concerning access to the safe deposit box of a decedent, and, in
           connection therewith, limiting the obligations of
           custodians who access the box.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  In Colorado Revised Statutes, 15-10-111, amend (1)
      (a), (1) (b), and (4); and repeal (2) (d) as follows:
      
           15-10-111.  Entry into safe deposit box of decedent - definitions.
      (1) (a)  Whenever a decedent at the time of his or her death was a sole or
      joint lessee of a safe deposit box, the custodian shall, prior to notice that a
      personal representative or special administrator has been appointed, allow
      access to the box by:
      
           (I)  If the decedent was the sole lessee of the box, a person
      claiming to be a successor of the decedent, or acting on behalf of a
      successor of the decedent, if such decedent was the sole lessee of the box,
      upon presentation of an affidavit made pursuant to section 15-12-1201 for
      the purpose of delivering the contents of the box in accordance with said
      section; or
      
           (II)  If the decedent was the sole lessee or a joint lessee of
      the box, a person who is reasonably believed to be an heir at law or
      devisee of the decedent, a person nominated as a personal representative
      pursuant to the provisions of section 15-12-203 (1) (a), or the agent or
      attorney of any such person for the purpose of determining whether the box
      contains an instrument that appears to be a will of the decedent, deed to a
      burial plot, or burial instructions.
      
           (b) (I)  If a person described in subparagraph (I) or (II) of paragraph
      (a) of this subsection (1) desires access to a safe deposit box but does not
      possess a key to the box, the custodian shall drill the safe deposit box at the
      person's expense.
      
           (II)  In the case of a person described in subparagraph (I) of
      paragraph (a) of this subsection (1), the custodian shall deliver the contents
      of the box, other than a purported will, deed to a burial plot, and burial
      instructions, to the person in accordance with section 15-12-1201. In order
      to protect a custodian in carrying out his or her duty under the
      foregoing sentence to examine such contents solely for the
      purpose of identifying and withholding specified documents and
      making delivery of such contents other than the specified
      documents to such person, a custodian is not deemed to have
      acquired knowledge, either actual or constructive, pertaining to
      the value of any of the contents of the box delivered to the
      person as a consequence of the examination and delivery.
      
           (III)  In the case of a person described in subparagraph (II) of
      paragraph (a) of this subsection (1), the custodian shall retain, in a secure
      location at the person's expense, the contents of the box other than a
      purported will, deed to a burial plot, and burial instructions.
      
           (IV)  A custodian shall deliver a purported will as described in
      paragraph (c) of subsection (2) of this section.
      
           (V)  A deed to a burial plot and burial instructions that are not part
      of a purported will may be removed by a person described in subparagraph
      (I) of paragraph (a) of this subsection (1) pursuant to paragraph (d) of
      subsection (2) of this section, If the safe deposit box contains a deed
      to a burial plot or burial instructions that are not a part of a
      purported will, the person or persons authorized to have access
      to the safe deposit box under the provisions of subsection (1) of
      this section may remove these instruments, and the custodian shall not
      prevent the removal.
      
           (VI)  Expenses incurred by a custodian pursuant to this section shall
      be considered an estate administration expense.
      
           (2) (d)  If the safe deposit box contains a deed to a burial plot or
      burial instructions that are not a part of a purported will, the person or
      persons authorized to have access to the safe deposit box under the
      provisions of subsection (1) of this section may remove these instruments.
      
           (4)  If at the time of the decedent's death one or more other persons
      were legally permitted to enter the safe deposit box, their permission to
      enter shall continue, notwithstanding the death of the decedent. Nothing
      in this section affects the right of surviving joint lessees to enter
      a safe deposit box after the death of a decedent.
      
           SECTION 2.  Act subject to petition - effective date. This act
      takes effect at 12:01 a.m. on the day following the expiration of the
      ninety-day period after final adjournment of the general assembly (August
      5, 2015, if adjournment sine die is on May 6, 2015); except that, if a
      referendum petition is filed pursuant to section 1 (3) of article V of the state
      constitution against this act or an item, section, or part of this act within
      such period, then the act, item, section, or part will not take effect unless
      approved by the people at the general election to be held in November 2016
      and, in such case, will take effect on the date of the official declaration of
      the vote thereon by the governor.
      
      
      
      
      ________________________________________________________
      Dickey Lee Hullinghorst                Bill L. Cadman
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                      Cindi L. Markwell
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    John W. Hickenlooper
                                    GOVERNOR OF THE STATE OF COLORADO