July 12, 1995
The Honorable John M. Kennedy Clerk of Wake County Superior Court
P.O. Box 351 Raleigh, North Carolina 27602-0351
Re: Advisory Opinion; Inventory of Safe Deposit Boxes ( N.C.G.S. § 105-24)
Dear Mr. Kennedy:
This will respond to your request for an opinion regarding the procedures for inventorying safe deposit boxes of deceased persons. In your request, you suggested that banks seem to be misinterpreting these procedures and on several occasions your office has been denied entrance to these boxes.You also take the view that any person the clerk feels is appropriate should be allowed to witness a safe deposit box inventory and that the bank has no obligation to be concerned with who is representing the family.
Questions of Law
You have asked us to give you an opinion on two questions of law. First, who should be present at the time of a lock box inventory? Second, whether the clerk is required to inform the bank in advance of a lock box inventory?
Discussion
As you know, the procedures for opening and inventorying the safe deposit box of a decedent are governed by the provisions of N.C.G.S. § 105-24(b). In relevant part, this section of law provides that banks, safe deposit companies, trust companies, corporations or other institutions (collectively hereinafter referred to as "banks")
. . . shall, upon the death of any person using or having access to [a] lock box, as a condition precedent to the opening of such lock box by the executor, administrator, personal representative, lessee or co-tenant of such deceased person, require the presence of the clerk of the superior court of the county in which such lock box is located. It shall be the duty of the clerk of the superior court, or his representative, in the presence of an officer or representative of the [bank], to make an inventory of the contents of such lock box and to furnish a copy of such inventory to the Secretary of Revenue, to the executor, administrator, personal representative, or co-tenant of the decedent, and a copy to the [bank] having possession of such lock box. . . .
We did not find any reported decision construing this section of the law. We must, therefore, proceed on the principles of statutory construction. N.C.G.S. § 105-24(b) clearly sets forth two very specific requirements. First, a bank may not enter a safe deposit box of a decedent, or one to which a decedent had access, without the presence of the clerk of superior court of the county wherein the box is located. Second, the clerk, or his or her designated representative, must open and inventory the box in the presence of an officer or representative of the bank.
The pertinent rule of statutory construction provides that when a section of law dealing with a specific matter is clear and unambiguous on its face, it requires no construction and courts must give the law its plain and definite meaning. They do not have the power to interpolate, or superimpose, provisions or limitations not found in the statute. See, 27 Strongs N. C. Index, Statutes § 28 (1994). See also, State ex rel Utilities Comm. v. Lumbee River Electric Membership Corp., 275 N.C. 250, 166 S.E.2d 663 (1969). Applying this principle of statutory construction to the foregoing provision of law, relative to your question of who should be present at the inventory of a safe deposit box, we conclude that the only persons who must be present are the clerk of superior court and an officer or representative of the bank.
The clerk of superior court may, pursuant to N.C.G.S. § 7A-102(b), designate any assistant or deputy clerk of superior court to perform this function. The bank may designate any officer, or representative (which we would construe to include any employee or agent of the bank with authority to access safe deposit boxes), to be present. In other words, there is no requirement that a family member be present, nor do we think that the bank may lawfully insist that a family member be present before the clerk may proceed to inventory a safe deposit box. Also, while the clerk may wish to allow others to witness the inventory of a safe deposit box, the law does not require the presence of others. We are, therefore, of the opinion that the clerk could not insist on the presence of anyone beyond an officer or representative of the bank before proceeding with the inventory.
With regard to your second inquiry, the question of whether the clerk is required to inform the bank in advance of a lock box inventory, that issue is not, unfortunately, addressed by the statute. We conclude, however, that, as the presence of both the clerk of superior court and an officer or representative of the bank is required before the safe deposit box of a decedent may be opened and inventoried, as a practical matter, the clerk must give the bank sufficient notice as will allow it to arrange for entrance into a lock box. Again, however, with reasonable notice, the bank may not deny the clerk access to the safe deposit box.
We trust that this responds to your questions. If, however, we may be of further assistance, please do not hesitate to let us know.
Ann Reed Senior Deputy Attorney General
L. McNeil Chestnut
Assistant Attorney General