1999 Legislation
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HOUSE BILL NO. 150 – Estate, spouse, elective share

HOUSE BILL NO. 150

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Daily Data Tracking History



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

Bill Text


H0150


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN 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 within  six (6)      nine  (9)
16     months after  the publication of the first notice to creditors for
17    filing claims which arose before  the 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 / Fiscal Impact


                      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