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S1373................................................by JUDICIARY AND RULES WILL REGISTRY - Adds to existing law to provide for the establishment and maintenance of a will registry by the Secretary of State; and providing that fees be deposited in the General Fund. 02/07 Senate intro - 1st rdg - to printing 02/08 Rpt prt - to Jud 02/17 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/24 3rd rdg - PASSED - 32-0-3 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Danielson, Davis, Ipsen Floor Sponsor - Bunderson Title apvd - to House 02/25 House intro - 1st rdg - to Jud 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/29 3rd rdg - PASSED - 66-1-3 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- Hornbeck Absent and excused -- Geddes, Jaquet, Linford Floor Sponsor - Sali Title apvd - to Senate 03/30 To enrol - rpt enrol - Pres signed 03/31 Sp signed 04/03 To Governor 04/04 Governor signed Session Law Chapter 181 Effective: 07/01/00
S1373|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1373 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO A WILL REGISTRY; AMENDING CHAPTER 2, TITLE 15, IDAHO CODE, BY THE 3 ADDITION OF A NEW PART 10, CHAPTER 2, TITLE 15, IDAHO CODE, TO PROVIDE FOR 4 THE ESTABLISHMENT AND MAINTENANCE OF A WILL REGISTRY BY THE SECRETARY OF 5 STATE AND TO PROVIDE FEES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 2, Title 15, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW PART, to be known and desig- 9 nated as Part 10, Chapter 2, Title 15, Idaho Code, and to read as follows: 10 PART 10 11 WILL REGISTRY 12 15-2-1001. WILL REGISTRY. The secretary of state shall create and main- 13 tain a will registry. The information contained in such registry shall 14 include: the full name of the person making the will; the date the will was 15 made; and sufficient identification of the location of the will at the time of 16 registration. The method of registration shall be on a form required by the 17 secretary of state. The fee for registration shall be ten dollars ($10.00) 18 which shall be deposited by the secretary of state in the general fund. The 19 secretary of state shall not be liable in any way for the accuracy of the 20 information contained in the registry. The existence, or nonexistence, of a 21 registration for a particular will shall not be considered as an evidentiary 22 fact in any proceeding relating to such will. The failure to file information 23 about a will in the registry shall not be a factor in the validity of the 24 will, nor shall the failure to file be considered as malpractice on the part 25 of any attorney as to the will. Only interested persons as defined in section 26 15-1-201, Idaho Code, or their attorneys may search the records contained 27 herein. The secretary of state shall not be liable for the accuracy of the 28 representation of the interested person or the interested person's attorney.
STATEMENT OF PURPOSE RS 09736C1 It is often difficult to determine whether a deceased person has, or has not, executed a will. Wills may be eventually found in the papers of the deceased, but sometimes are not, even though a will was in fact executed. This is especially a problem when the person making the will has later become incompetent. Calling to all the law firms in the local area is time consuming and expensive and may not locate the will in any event. Creation of a voluntary will registry would allow the person making a will to file basic information about the will (the name of the person, the date the will was done, and its location) so that the will could be easily found, or at least its existence would be known. This would be kept at the Idaho Secretary of State's office, filed on a web-site form. The Registry would be searched initially through the Secretary of State's office, but eventually might be searched through the Internet without involvement of any personnel of the Secretary of State. The Secretary of State would receive a fee of $10.00 for the registration; the search would be without charge. In the event the procedure is shifted entirely to the Internet, fees would not be needed. The registration would be entirely voluntary and failure to register would not have any effect on the validity of the will. To promote privacy, only "interested persons" as defined in the Probate Code, or their attorneys, can search the Registry. To avoid excessive cost to the Secretary of State, and to have the search remain free of cost, the Secretary of State is not liable for the accuracy of the representation that a searcher is an interested person or an attorney thereof. FISCAL NOTE This bill should have no effect on revenues or expenditures. The Secretary of State can maintain the Registry with existing personnel and in existing facilities. Internet access would be as part of existing Internet resources already provided and maintained by the Secretary of State. CONTACT: Robert L. Aldridge 1209 North Eighth Street Boise, Idaho 83702-4297 Telephone: office: (208) 336-9880 home: (208) 88E!-4668 Fax: (208) 336-9882 e-mail: roberta@micron.net STATEMENT OF PURPOSE/FISCAL NOTE S 1373