SENATE BILL NO. 1033

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Daily Data Tracking History



S1033...................................................by JUDICIARY AND RULES
ESTATE - EXEMPT PROPERTY - Amends existing law to provide that in a decedent's
estate, when there is no surviving spouse, the decedent's children are
entitled jointly to the same value of exempt property unless the decedent's
will provides otherwise.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 35-0-0
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
      McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- None
    Floor Sponsor - Burkett
    Title apvd - to House
02/12    House intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 66-1-3
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Collins, Crow, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
      Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Mr. Speaker
      NAYS -- Clark
      Absent and excused -- Barrett, Jones, Wood
    Floor Sponsor - Boe
    Title apvd - to Senate
03/05    To enrol
03/06    Rpt enrol - Pres signed
03/07    Sp signed
03/10    To Governor
03/13    Governor signed
         Session Law Chapter 63
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1033
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EXEMPT PROPERTY IN A DECEDENT'S ESTATE; AMENDING SECTION 15-2-403,
  3        IDAHO CODE, TO PROVIDE THAT IN A DECEDENT'S ESTATE WHEN THERE IS  NO  SUR-
  4        VIVING  SPOUSE,  THE  DECEDENT'S CHILDREN ARE ENTITLED JOINTLY TO THE SAME
  5        VALUE OF EXEMPT PROPERTY UNLESS THE DECEDENT'S WILL PROVIDES OTHERWISE.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 15-2-403, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:
                                                                        
  9        15-2-403.  EXEMPT  PROPERTY.  In  addition  to  any homestead or homestead
 10    allowance, the decedent's surviving spouse is  entitled  from  the  estate  to
 11    value,  not exceeding ten thousand dollars ($10,000) in excess of any security
 12    interests therein, in household furniture,  automobiles,  furnishings,  appli-
 13    ances  and  personal  effects. If there is no surviving spouse, the decedent's
 14    children are entitled jointly to the same value  unless  the  decedent's  will
 15    provides  otherwise.  If  encumbered chattels are selected and if the value in
 16    excess of security interests, plus that of other exempt property, is less than
 17    ten thousand dollars ($10,000), or  if  there  is  not  ten  thousand  dollars
 18    ($10,000)  worth  of exempt property in the estate, the spouse or children are
 19    entitled to other assets of the estate, if any, to  the  extent  necessary  to
 20    make up the ten thousand dollar ($10,000) value. Rights to exempt property and
 21    assets  needed  to  make up a deficiency of exempt property have priority over
 22    all claims against the estate, except that the right to any assets to make  up
 23    a  deficiency of exempt property shall abate as necessary to permit prior pay-
 24    ment of homestead allowance and family allowance. These rights are in addition
 25    to any benefit or share passing to the surviving spouse  or  children  by  the
 26    will  of  the  decedent unless otherwise provided in the will, or by intestate
 27    succession, or by way of elective share.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 12671

Section 15-2-403 provides for certain types of exempt property to pass to a surviving
spouse, or children of the decedent if there is no surviving spouse.  A question has arisen
as to whether the will of the decedent could provide that such exempt property allowance
not be given to children, or only to some of the children, especially in cases where the
decedent was estranged from one or more of the children.  This amendment clarifies that
the will of the decedent can so provide.  This carries out the general philosophy of the
probate act that a decedent can override many of the default provisions of the act by
express terms and conditions in a will.

                          FISCAL NOTE

This bill will have no fiscal impact.









CONTACT:       Robert L. Aldridge
          1209 North Eighth Street
          Boise, Idaho 83702-4297
          Telephone: office: (208) 336-9880  home: (208) 888-4668
          Fax: (208) 336-9882
          e-mail: rlaldridge@hotmail.com












Statement of Purpose / Fiscal Impact                                                     S 1033