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H0126...................................................by LOCAL GOVERNMENT
ESTATES - PUBLIC ADMINISTRATION - Amends and adds to existing law to revise
the procedures of the public administrator law to allow the county
treasurer to undertake certain tasks prior to formal appointment as the
public administrator; and to provide for costs and fees to be recouped when
an heir or creditor of an estate refuses to administer the estate.
01/27 House intro - 1st rdg - to printing
01/29 Rpt prt - to Loc Gov
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/11 3rd rdg - PASSED - 67-0-3
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, Kjellander, Kunz, Lake,
Limbaugh, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood, Zimmermann
NAYS -- None
Absent and excused -- Linford, Mortensen, Mr Speaker
Floor Sponsor - Watson
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to Loc Gov
03/05 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 31-0-4
AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Whitworth
NAYS--None
Absent and excused--Burtenshaw, Noh, Parry, Twiggs
Floor Sponsor - Stegner
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/15 Pres signed
03/16 To Governor
03/18 Governor signed
Session Law Chapter 104
Effective: 07/01/99
H0126|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 126 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO THE PUBLIC ADMINISTRATOR LAW; AMENDING SECTION 14-103, IDAHO CODE, 3 TO PROVIDE AUTHORITY OF THE COUNTY TREASURER PRIOR TO APPOINTMENT; AMEND- 4 ING SECTION 14-105, IDAHO CODE, TO REVISE PROCEDURES AND TO PROVIDE FOR 5 DISTRIBUTION OF THE RESIDUAL; AMENDING SECTION 14-106, IDAHO CODE, TO 6 REVISE PROCEDURES AND TO PROVIDE FOR REIMBURSEMENT TO THE COUNTY FOR CER- 7 TAIN COSTS, FEES AND EXPENSES INCURRED BY THE PUBLIC ADMINISTRATOR; AND 8 AMENDING CHAPTER 1, TITLE 14, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9 14-120, IDAHO CODE, TO PROVIDE FOR ALLOWABLE COSTS AND FEES TO BE CHARGED 10 WHERE AN HEIR OR CREDITOR REFUSES TO ADMINISTER AN ESTATE. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 14-103, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 14-103. AUTHORITY PRIOR TO APPOINTMENT -- PROCUREMENT OF 15 LETTERS. When a county treasurer is entitled to administer an estate as 16 public administrator, prior to appointment he is authorized to act on behalf 17 of the estate to identify, secure, protect and take charge of all tangible and 18 intangible assets, including incurring reasonable expenses for those purposes, 19 provided that no disbursement from or liquidation of such assets shall be made 20 prior to issuance of letters of administration. Whenever a public 21 administrator takes charge of an estate which he is entitled to administer 22 without letters of administration being issued, or by order of the court, he 23 must, with all convenient dispatch, procure letters of administration thereon. 24 No notice of application for letters by a public administrator is necessary, 25 and his official bond and oath are in lieu of the personal representative's 26 bond and oath, but when real estate is ordered to be sold, another bond may be 27 required by the court. 28 SECTION 2. That Section 14-105, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 14-105. INVENTORY BY PUBLIC ADMINISTRATOR -- PROCEDURES AND DISTRI- 31 BUTION OF RESIDUAL . (1) The public administrator must make 32 and return a nperfectinventory of all assets 33 of estates taken into his possession,. Such inven- 34 tory must include all assets present or ascertainable at the time he takes 35 possession of the estate. He shall administer and account for the same, 36 converting the assets into money according to the provisions of this title, 37 subject to the control and direction of the court. 38 (2) When, as shown by the inventory, the estate amounts to 39 less than one thousand dollars ($1,000), no notice to creditors or other for- 40 mal proceedings by the public administrator are required. The public 41 administrator shall pay funeral expenses, the expenses of the last sickness, 2 1 administration and such other expenses as may be deemed appropriate by the 2 public administrator including, but not limited to, those enumerated in sec- 3 tion 14-120, Idaho Code. After the payment ofthe funeral4expenses, the expenses of the last sickness, administration, and such other5such expenses ,as may be deemed appro-6priate by the public administrator,the court must order the residue, 7 if any, paid as may be just to such creditors or heirs as may appear, or into 8 the state treasury with the report of abandoned property required in section 9 14-517, Idaho Code, upon final distribution of the estate. 10 SECTION 3. That Section 14-106, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 14-106. DELIVERY OF ESTATE TO EXECUTOR. If, at any time, letters testa- 13 mentary or letters of administration are regularly granted to any 14 other person on an estate of which the public administrator has charge,15hethe public administrator must, under the order of the 16probatemagistrate court, account for, pay, and 17 deliver to the executor or administrator thus appointed, all the money, prop- 18 erty, papers and estate of every kind in his possession or under his control. 19 Upon such transfer and upon funds becoming available to the estate, the 20 county shall be reimbursed immediately for costs, fees and expenses incurred 21 by the public administrator pursuant to the provisions of sections 14-105 and 22 14-120, Idaho Code. 23 SECTION 4. That Chapter 1, Title 14, Idaho Code, be, and the same is 24 hereby amended by the addition thereto of a NEW SECTION , to be 25 known and designated as Section 14-120, Idaho Code, and to read as follows: 26 14-120. COSTS AND FEES ALLOWED WHERE HEIR OR CREDITORS REFUSE TO ADMINIS- 27 TER ESTATE. (1) When an heir or creditor of an estate competent to institute 28 probate proceedings exists, the county treasurer shall not be required to act 29 as public administrator unless an heir or creditor files a petition to appoint 30 a public administrator within one (1) year of the decedent's death. 31 (2) All reasonable fees, costs and other expenses of administration may 32 be charged by the public administrator against the estate whenever a decedent 33 dies intestate with heirs or creditors competent to institute probate proceed- 34 ings who refuse to administer the estate. Such reasonable fees and costs shall 35 be paid pursuant to the provisions of section 15-3-805, Idaho Code. 36 (3) Reasonable fees and costs shall include, but not be limited to, the 37 costs of the public administrator and staff and fees of the prosecuting attor- 38 ney, subject to approval by the court. 39 (4) Reimbursement by the estate to the county for time spent by any 40 county employee or elected official on the administration of any such estate 41 shall be calculated at the actual rate of pay, including benefits, of the 42 individual performing the work.
STATEMENT OF PURPOSE
RS 08587
The purpose of this legislation is to improve the process
when county treasurers act as ex officio public administrators. It
clarifies the authority and responsibility of the public
administrator with regard to the estate. It also provides a
mechanism for reimbursing the county for expenses incurred in
administration of estates when competent heirs or creditors refuse
to act as personal representative.
FISCAL NOTE
No impact on the State General Fund or any of its political
subdivisions. The provisions of this act will allow counties to be
reimbursed for actual time and expenses from the proceeds of
certain estates when the heir refuses to act as personal
representative. A more precise fiscal impact is not possible,
because the circumstances requiring the treasurer to act as public
administrator are unpredictable.
CONTACT: Idaho Association of Counties Phone: 345-9126
Dan Chadwick, Tony Poinelli, Paul Beddoe
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H 126