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H0150................................by JUDICIARY, RULES AND ADMINISTRATION ESTATES - Amends existing law to provide that the surviving spouse may, in probate proceedings, elect to take his or her elective share in the augmented net estate by filing in the court or mailing or delivering to the personal representative a petition for the elective share within nine months after the death of the decedent or six months after the date of filing of the petition for probate. 02/02 House intro - 1st rdg - to printing 02/03 Rpt prt - to Jud 02/18 Rpt out - rec d/p - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 68-0-2 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor(Taylor), Tilman, Tippets, Trail, Wheeler, Williams, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Linford, Watson Floor Sponsor - Tippets Title apvd - to Senate 02/23 Senate intro - 1st rdg - to Jud 03/04 Rpt out - rec d/p - to 2nd rdg 03/05 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 33-0-2 AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Keough, King, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Twiggs, Wheeler, Whitworth NAYS--None Absent and excused--Ipsen, Parry Floor Sponsor - Ingram Title apvd - to House 03/10 To enrol 03/11 Rpt enrol - Sp signed 03/12 Pres signed 03/15 To Governor 03/17 Governor signed Session Law Chapter 73 Effective: 07/01/99
H0150|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 150 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO TIME LIMITS FOR FILING A PETITION BY A SURVIVING SPOUSE IN PROBATE 3 FOR AN ELECTIVE SHARE; AMENDING SECTION 15-2-205, IDAHO CODE, TO PROVIDE 4 THAT THE SURVIVING SPOUSE MAY ELECT TO TAKE HIS OR HER ELECTIVE SHARE IN 5 THE AUGMENTED NET ESTATE BY FILING IN THE COURT OR MAILING OR DELIVERING 6 TO THE PERSONAL REPRESENTATIVE A PETITION FOR THE ELECTIVE SHARE WITHIN 7 NINE MONTHS AFTER THE DEATH OF THE DECEDENT OR SIX MONTHS AFTER THE DATE 8 OF FILING OF THE PETITION FOR PROBATE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 15-2-205, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 15-2-205. PROCEEDING FOR ELECTIVE SHARE -- TIME LIMIT. (a) The surviving 13 spouse may elect to take his elective share in the augmented net estate by 14 filing in the court and mailing or delivering to the personal representative a 15 petition for the elective share withinsix (6)nine (9) 16 months afterthe publication of the first notice to creditors for17filing claims which arose beforethe death of the decedent or six 18 (6) months after the date of filing of the petition for probate, whichever is 19 later . The court may extend the time for election as it sees fit for 20 cause shown by the surviving spouse before the time for election has expired. 21 (b) The surviving spouse shall give notice of the time and place set for 22 hearing to persons interested in the estate and to the distributees and recip- 23 ients of portions of the augmented net estate whose interests will be 24 adversely affected by the taking of the elective share. 25 (c) The surviving spouse may withdraw his demand for an elective share at 26 any time before entry of a final determination by the court. 27 (d) After notice and hearing, the court shall determine the amount of the 28 elective share and shall order its payment from the assets of the augmented 29 net estate or by contribution as appears appropriate under section 15-2-207 of 30 this code. If it appears that a fund or property included in the augmented net 31 estate has not come into the possession of the personal representative, or has 32 been distributed by the personal representative, the court nevertheless shall 33 fix the liability of any person who has any interest in the fund or property 34 or who has possession thereof, whether as trustee or otherwise. The proceeding 35 may be maintained against fewer than all persons against whom relief could be 36 sought, but no person is subject to contribution in any greater amount than he 37 would have been if relief had been secured against all persons subject to con- 38 tribution. 39 (e) The order or judgment of the court may be enforced as necessary in 40 suit for contribution or payment in other courts of this state or other juris- 41 dictions.
STATEMENT OF PURPOSE RS 08798 If a surviving spouse wishes to file a petition to take his or her elective share of the augmented net estate, the current statute limits the time within which the petition may be brought to "within six(6) months after the publication of the first notice to creditors for filing claims which arose before the death of the decedent". However, in many probate cases, such a publication will never be made, for technical reasons. And, the current statute allows the surviving spouse, if also acting as personal representative of the estate, to delay such a filing for tactical reasons, since there is no time limit in the Probate Code within which such a publication must be commenced. This makes the apparent time limit of the existing statute arbitrary and illusory. Therefore, the bill changes the time limit to be the later of nine months after death of the decedent or six months after the filing of the petition for probate, whichever is later. These are two fixed events which are automatic in nature and which give all interested parties in the probate a time certain by which the petition for elective share must be filed. FISCAL NOTE This bill should have no effect on revenues or expenditures. 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: roberta@micron.net STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 150