2002 Legislation
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SENATE BILL NO. 1314 – Decedent/successr/proprty/affidavit

SENATE BILL NO. 1314

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Daily Data Tracking History



S1314................................................by JUDICIARY AND RULES
DECEDENT - SUCCESSORS - Amends existing law to revise criteria to be set
forth in an affidavit made by or on behalf of a successor to a decedent to
reflect an increase in the maximum fair market value of estates qualified
to collect certain personal property by affidavit.
                                                                        
01/22    Senate intro - 1st rdg - to printing
01/23    Rpt prt - to Jud
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 30-0-5
      AYES -- Andreason, Boatright, Branch(Bartlett), Bunderson,
      Burtenshaw, Cameron, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
      Hawkins, Hill, Ingram, Ipsen, Little, Lodge, Marley, Noh, Risch,
      Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
      Williams
      NAYS -- None
      Absent and excused -- Brandt, Darrington, Keough, King-Barrutia,
      Richardson
    Floor Sponsor - Lodge
    Title apvd - to House
02/08    House intro - 1st rdg - to Jud
03/08    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 67-0-3
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
      Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson,
      Stone, Tilman, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Deal, Pischner, Trail
    Floor Sponsor - Hammond
    Title apvd - to Senate
03/13    To enrol
    Rpt enrol - Pres signed
03/14    Sp signed - to Governor
03/22    Governor signed
         Session Law Chapter 216
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1314
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING  TO  THE  PROBATE  OF  WILLS  AND  ADMINISTRATION;  AMENDING  SECTION
  3        15-3-1201, IDAHO CODE, TO REVISE CRITERIA TO BE SET FORTH IN AN  AFFIDAVIT
  4        MADE  BY  OR ON BEHALF OF A SUCCESSOR TO A DECEDENT TO REFLECT AN INCREASE
  5        IN THE MAXIMUM FAIR MARKET VALUE OF ESTATES QUALIFIED TO  COLLECT  CERTAIN
  6        PERSONAL PROPERTY BY AFFIDAVIT.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 15-3-1201, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        15-3-1201.  COLLECTION  OF PERSONAL PROPERTY BY AFFIDAVIT. (a) Thirty (30)
 11    days after the death of a decedent, any person indebted  to  the  decedent  or
 12    having  possession of tangible personal property or an instrument evidencing a
 13    debt, obligation, stock or chose in action belonging  to  the  decedent  shall
 14    make  payment of the indebtedness or deliver the tangible personal property or
 15    an instrument evidencing a debt, obligation, stock or chose  in  action  to  a
 16    person  or entity claiming to be the successor of the decedent upon being pre-
 17    sented an affidavit made by or on behalf of the successor stating that:
 18        (1)  the fair market value of the entire estate of the decedent  which  is
 19        subject  to  probate,  wherever located, less liens and encumbrances, does
 20        not exceed twentyseventy-five thousand dollars ($275,000);
 21        (2)  thirty (30) days have elapsed since the death of the decedent;
 22        (3)  no application or petition for the appointment of a  personal  repre-
 23        sentative  or for summary administration is pending or has been granted in
 24        any jurisdiction; and
 25        (4)  the claiming successor is entitled to  payment  or  delivery  of  the
 26        property, including entitlement as a trust pursuant to a will of the dece-
 27        dent.
 28        (b)  A  transfer  agent of any security shall change the registered owner-
 29    ship on the books of a corporation from the decedent to the successor or  suc-
 30    cessors upon the presentation of an affidavit as provided in subsection (a) of
 31    this section.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 11688
                                        
Section 15-3-1201 allows the use of an affidavit to pass tangible
personal property and/or instruments evidencing a debt, an obligation,
a stock, or a chose in action which belong to a decedent.  This method
is not available for real property and also cannot be used if there is
any pending or granted petition or application for either appointment
of a personal representative or for summary administration of the
estate.  It is very useful when the only assets of a decedent are bank
accounts or stock accounts and the fair market value of the assets is
relatively low.  However, the existing limit of $25,000 is quite low
compared to other states.  In the states surrounding Idaho, the limit
runs from a low of $65,000 to a high of $100,000.  This bill raises
the limit to $75,000, which should cover the foreseeable future.  At
some point in time, an index factor should probably be placed on the
limit.                        
                         FISCAL NOTE

This bill will have no fiscal impact.  It may lower overall costs by
lowering the number of probates required in court.

CONTACT:  Robert L. Aldridge
          209 North Eighth Street
          Boise, Idaho 83702-4297
          Telephone: office: (208) 336-9880  home: (208) 888-4668
          Fax: (208) 336-9882
          e-mail: rlaldridge@hotmail.com



STATEMENT OF PURPOSE/FISCAL NOTE                    S 1314