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S1033................................................by JUDICIARY AND RULES
PROBATE - Amends existing law relating to the Uniform Probate Code to
provide that one/half of the intestate share shall pass to the surviving
spouse if a decedent is survived by issue or a parent.
01/25 Senate intro - 1st rdg - to printing
01/26 Rpt prt - to Jud
02/05 Rpt out - w/o rec - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 24-6-4(1 vacant)
AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson,
Burtenshaw, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Keough, Lodge, Noh, Richardson,
Risch, Schroeder, Sorensen, Stennett, Williams,
NAYS -- Brandt, Cameron, King-Barrutia, Stegner, Wheeler, Whitworth
Absent and excused -- Ipsen, Lee, Sandy, Thorne
Vacant -- Dist. #4
Floor Sponsor -- Davis
Title apvd - to House
02/08 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/26 3rd rdg - PASSED - 65-1-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Cuddy, Deal,
Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman,
Trail, Wood, Young, Mr. Speaker
NAYS -- Higgins
Absent and excused -- Bradford, Crow, Pischner, Wheeler
Floor Sponsor -- Pearce
Title apvd - to Senate
03/28 To enrol
Rpt enrol - Pres signed
03/29 Sp signed - to Governor
04/04 Governor signed
Session Law Chapter 330
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1033
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM PROBATE CODE; AMENDING SECTION 15-2-102, IDAHO CODE,
3 TO PROVIDE THAT ONE-HALF OF THE INTESTATE SHARE SHALL PASS TO THE SURVIV-
4 ING SPOUSE IF A DECEDENT IS SURVIVED BY ISSUE OR A PARENT AND TO MAKE
5 TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 15-2-102, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 15-2-102. SHARE OF THE SPOUSE. The intestate share of the surviving
10 spouse is as follows:
11 (a) As to separate property:
12 (1) iIf there is no surviving issue or parent of the decedent, the entire
13 intestate estate;
14 (2) iIf there is no surviving issue but the decedent is survived by a
15 parent or parents, the first fifty thousand dollars ($50,000), plus one-
16 half (1/2) of the balance of the intestate estate;
17 (3) iIf there are surviving issue all of whom are issue of the surviving
18 deceased spouse, also, the first fifty thousand dollars ($50,000), plus
19 one-half (1/2) of the balance of the intestate estate;
20 (4) if there are surviving issue one (1) or more of whom are not issue of
21 the surviving spouse, one-half (1/2) of the intestate estate.
22 (b) As to community property:
23 (1) tThe one-half (1/2) of community property which belongs to the dece-
24 dent passes to the surviving spouse.
STATEMENT OF PURPOSE
RS 10716
This Bill amends and simplifies the original statute by
dividing the intestate share, if there is a surviving spouse and
either surviving parents or surviving issue of the decedent,
equally between the surviving spouse and said parents or issue.
The "first fifty thousand dollars" method in the existing statute
works injustice in smaller estates, which are more likely to pass
in intestacy. This also simplifies the statute and avoids
litigation in cases where it is unclear whether a child of the
decedent was also a child of the surviving spouse.
FISCAL NOTE
This bill should have no effect on revenues or expenditures. The
bill may lower court involvement in disputes and thereby lower
expenditures.
CONTACT: Robert L. Aldridge
1209 North Eighth Street
Boise, Idaho 83702-4297
Telephone: office: (208) 336-9880
STATEMENT OF PURPOSE/FISCAL NOTE S1033