Section 44-12-209 - Rent due on safe-deposit boxes; notice of opening of box and sealing of contents when contents deemed abandoned; delivery to commissioner; retention of documents by commissioner(a) If the rental due on a safe-deposit box has not been paid for one year, the lessor shall send a notice by registered mail or statutory overnight delivery to the last known address of the lessee stating that the safe-deposit box will be opened and its contents stored at the expense of the lessee unless payment of the rental is made within 30 days. If the rental is not paid within 30 days from the mailing of the notice, the holder shall provide written notification to the commissioner of the drilling date not less than 30 days prior to this time. The commissioner may designate a representative to be present during the opening of the safe-deposit box. The safe-deposit box shall be opened in the presence of an officer of the lessor. The contents shall be sealed in a package by the officer who shall write on the outside the name of the lessee and the date of the opening. If a will, codicil, trust instrument, or amendment to a trust instrument is among the contents of a safe-deposit box, the officer shall remove such document from the safe-deposit box for separate cataloging and packaging. The officer shall execute a certificate reciting the name of the lessee, the date of the opening of the safe-deposit box, and a list of its contents. A separate certificate shall be executed for any will, codicil, trust instrument, or amendment to a trust instrument, which shall be packaged separately but shall be transmitted along with the package containing the remainder of the contents of the safe-deposit box. The certificate or certificates shall be included in the package or packages and a copy of the certificate shall be sent by registered mail or statutory overnight delivery to the last known address of the lessee. The package or packages shall then be placed in the general vaults of the lessor at a rental not exceeding the rental previously charged for the safe-deposit box.(b) If the contents of the safe-deposit box have not been claimed within two years of the mailing of the certificate, the lessor may send a further notice to the last known address of the lessee stating that, unless the accumulated charges are paid within 30 days, the contents of the safe-deposit box will be delivered to the commissioner as abandoned property under the provisions of Code Section 44-12-214.(c) The lessor shall submit to the commissioner a verified inventory of all of the contents of the safe-deposit box upon delivery of the contents of the safe-deposit box or such part thereof as shall be required by the commissioner under Code Section 44-12-214, but the lessor shall not deduct from any cash of the lessee in the safe-deposit box an amount equal to accumulated charges for rental but shall submit to the commissioner a verified statement of such charges and deductions. If there is no cash, or insufficient cash to pay accumulated charges, in the safe-deposit box, the commissioner shall remit to the lessor the charges or balance due, up to the value of the property in the safe-deposit box delivered to the commissioner, less any costs or expenses of sale; but, if the charges or balance due exceeds the value of such property, the commissioner shall remit only the value of the property, less costs or expenses of sale. Any accumulated charges for safe-deposit box rental paid by the commissioner to the lessor shall be deducted from the value of the property of the lessee delivered to the commissioner.(d) A copy of this Code section shall be printed on every contract for rental of a safe-deposit box.(e) If, after July 1, 2024, a will, codicil, trust instrument, or amendment to a trust instrument is separately packaged and transmitted along with the contents of a safe-deposit box or other safekeeping repository and delivered to the commissioner, the commissioner shall:(1) Retain each original will, codicil, trust instrument, or amendment to a trust instrument; provided, however, that, upon request, the commissioner shall: (A) Deliver any will, codicil, trust instrument, or amendment to a trust instrument to the testator or settlor upon the presentation to the commissioner of satisfactory competent evidence of the identity of such testator or settlor;(B) Deliver any will or codicil of a deceased testator to the probate court having jurisdiction of such testator's estate in the same circumstances under which a financial institution would deliver such will or codicil to such probate court pursuant to paragraph (1) of subsection (a) of Code Section 7-1-356 upon the presentation to the commissioner of satisfactory competent evidence of the death of the testator;(C) Permit the removal of such will, codicil, trust instrument, or amendment to a trust instrument in the same circumstances under which a financial institution would permit the removal thereof pursuant to subsection (d) of Code Section 7-1-356; and(D) Deliver any trust instrument or amendment to a trust instrument to the trustee of the trust upon the presentation to the commissioner of satisfactory competent evidence of the death of the settlor, satisfactory competent evidence of the identity of the trustee, and a certification of trust by the trustee made under oath and containing all of the information set forth in paragraph (3) of subsection (b) of Code Section 53-12-280;(2) Upon request and upon payment of reasonable charges therefor, provide a true and correct photostatic or certified copy of:(A) Any will or codicil to any person upon the presentation to the commissioner of satisfactory competent evidence of the death of the testator and satisfactory competent evidence of the identity of such person showing that, with respect to such will or codicil, such person is an interested person within the meaning of subsection (a) of Code Section 53-5-2 or is a registered claimant's designated representative pursuant to Code Section 44-12-239; and(B) Any trust instrument or amendment to a trust instrument to any person upon the presentation to the commissioner of satisfactory competent evidence of the death of the settlor and satisfactory competent evidence of the identity of such person showing that, with respect to such trust or amendment, such person is a trustee, trust director, or qualified beneficiary, as such terms are defined in Code Sections 53-12-2 and 53-12-500, or is a registered claimant's designated representative pursuant to Code Section 44-12-239; and(3) Have no duty to open any safe-deposit box to retrieve any will, codicil, trust, instrument, or amendment to a trust instrument contained therein.Amended by 2023 Ga. Laws 81,§ 2, eff. 7/1/2024.