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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