(a) A savings institution shall require any persons seeking to cash checks payable to a decedent as provided in § 45-2-711 to deliver to the savings institution an affidavit, given under the penalty of perjury, in a form acceptable to the savings institution or in a form that, at the minimum, contains the following:
(1) The name of the decedent;(2) The decedent’s date of death;(3) The amount and payor of any checks, if the funds are from checks or electronic payments;(4) The identity of the creditor or creditors to whom the funds are to be paid, if the funds are to be paid directly to a creditor of the decedent or the decedent’s estate; and(5) If the funds are to be paid other than to a creditor of the decedent or the decedent’s estate, the affiant shall:
(A) Identify the decedent’s surviving spouse and heirs at law, and provide their residence addresses; and(B) Affirmatively state that:
(i) There are no unpaid creditors of the decedent;(ii) There are no unpaid income, gift, estate, inheritance or other transfer taxes owed by the decedent or the estate of the decedent; and(iii) The funds distributed to the affiant will be distributed by the affiant as provided in any will or testamentary document or in appropriate shares to the decedent’s heirs at law.(b) A savings institution may, in its discretion, require any persons seeking to collect monies from a deceased depositor‘s account or accounts, as provided in § 45-2-708, to deliver to the savings institution an affidavit, given under penalty of perjury in a form acceptable to the savings institution as provided in subsection (a).(c) A savings institution may require any person who obtains funds from a deposit account pursuant to § 45-2-708 or to negotiate checks pursuant to § 45-2-711 to provide an indemnity and guarantee to the savings institution in the amount of the funds obtained.
