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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
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN 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 exceedtwentyseventy-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 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