SENATE BILL NO. 1303

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Bill Status



S1303................................................by JUDICIARY AND RULES
PROBATE OF WILLS - Amends existing law relating to the probate of wills and
presentation of claims to change the time limit for filing of claims.
                                                                        
02/12    Senate intro - 1st rdg - to printing
02/13    Rpt prt - to Jud
02/24    Rpt out - rec d/p - to 2nd rdg
02/25    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton(Duncan), Darrington, Davis, Gannon,
      Geddes, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Marley
    Floor Sponsor - Sweet
    Title apvd - to House
03/02    House intro - 1st rdg - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/10    3rd rdg - PASSED - 61-3-6
      AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow, Cuddy,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring,
      Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Wood, Mr. Speaker
      NAYS -- Barrett, Kellogg, Mitchell
      Absent and excused -- Campbell, Deal, Naccarato, Sali, Trail, Wills
    Floor Sponsor - Nielsen
    Title apvd - to Senate
03/11    To enrol
03/12    Rpt enrol - Pres signed
03/15    Sp signed
03/16    To Governor
03/19    Governor signed
         Session Law Chapter 130
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1303
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO PROBATE OF WILLS AND FILING OF CLAIMS; AMENDING SECTION  15-3-803,
  3        IDAHO  CODE,  TO  CHANGE THE TIME LIMIT FOR FILING OF CLAIMS AND TO MAKE A
  4        TECHNICAL CORRECTION.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 15-3-803, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        15-3-803.  LIMITATIONS ON PRESENTATION OF CLAIMS. (a) All claims against a
  9    decedent's  estate  which  arose  before  the death of the decedent, including
 10    claims of the state and any  subdivision  thereof  (except  claims  for  state
 11    taxes),  whether  due  or to become due, absolute or contingent, liquidated or
 12    unliquidated, founded on contract, tort, or other legal basis, if  not  barred
 13    earlier  by  another  statute  of  limitations or nonclaim statute, are barred
 14    against the estate, the personal representative, and the heirs and devisees of
 15    the decedent, unless presented within the earlier of the following dates:
 16        (1)  two three (23) years after the decedent's death; or
 17        (2)  within the time provided in  section  15-3-801(b),  Idaho  Code,  for
 18        creditors  who  are  given  actual notice, and within the time provided in
 19        section 15-3-801(a), Idaho Code, for all creditors barred by publication.
 20        (b)  All claims described in subsection (a) of this section barred by  the
 21    nonclaim  statute  of  the  decedent's domicile before the giving of notice to
 22    creditors in this state are also barred in this state.
 23        (c)  All claims against a decedent's estate which arise at  or  after  the
 24    death   of  the  decedent,  including  claims of the state and any subdivision
 25    thereof (except claims for state taxes), whether due or to become  due,  abso-
 26    lute  or contingent, liquidated or unliquidated, founded on contract, tort, or
 27    other legal basis, are barred against the estate, the personal representative,
 28    and the heirs and devisees of the decedent, unless presented as follows:
 29        (1)  a claim based on a contract with the personal representative,  within
 30        four (4) months after performance by the personal representative is due;
 31        (2)  any other claim, within the later of four (4) months after it arises,
 32        or the time specified in subsection (a)(1) of this section.
 33        (d)  Claims  relating  to state taxes, whether due or to become due, abso-
 34    lute or contingent, liquidated or unliquidated, are barred against the estate,
 35    the personal representative, and the heirs and devisees of the decendent dece-
 36    dent, unless presented within the earlier of the following dates:
 37        (1)  three (3) years from the latest of:
 38             (i)   the date of the decedent's death,
 39             (ii)  the due date of the return (without regard to extensions), or
 40             (iii) the date the return was filed; or
 41        (2)  within the time provided in section 63-3068(e) or  63-3633(e),  Idaho
 42        Code,  if the state tax commission has been given written notice in accor-
 43        dance with the provisions of those sections.
                                                                        
                                           2
                                                                        
  1        (e)  Nothing in this section affects or prevents:
  2        (1)  any proceeding to enforce any mortgage, pledge, or  other  lien  upon
  3        property of the estate;
  4        (2)  to  the  limits  of  the insurance protection only, any proceeding to
  5        establish liability of the decedent or  the  personal  representative  for
  6        which he is protected by liability insurance;
  7        (3)  collection  of  compensation  for services rendered and reimbursement
  8        for expenses advanced by the personal representative or by the attorney or
  9        accountant for the personal representative of the estate; or
 10        (4)  assessment or collection of state taxes arising  from  activities  or
 11        transactions of the estate; or
 12        (5)  assessment  or  collection  of  state  taxes if a return has not been
 13        filed with the state tax commission.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS  13949
                                 
The current probate code contains two conflicting provisions. 
Claims by creditors must be presented within two years after death,
but probate can be started as late as three years after death. 
This leaves a one year window which can be exploited to avoid
payment of legitimate debts, including estate recovery claims under
Medicaid.  There is no logical reason that the time limit for
presenting claims should not be the same as the time limit for
probate.  Therefore, the bill changes the two year limit in the
existing code to three years.



                          FISCAL NOTE

This bill will have no fiscal impact.  The bill may increase estate
recovery, which would yield a positive fiscal impact.





CONTACT:       Robert L. Aldridge
PHONE:         (208) 336-9880


STATEMENT OF PURPOSE/FISCAL NOTE                     S 1303