2003 Legislation
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SENATE BILL NO. 1030 – Estates, spouse sole beneficiary

SENATE BILL NO. 1030

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Daily Data Tracking History



S1030...................................................by JUDICIARY AND RULES
PROBATE - Amends existing law to provide that in summary administration of
estates, in which a surviving spouse is the sole beneficiary, the petitioner,
surviving spouse or both, need not appear in person at the hearing; and to
provide that upon proper motion made by the petitioner, the attorney for the
petitioner or the petitioner,  or both, may appear telephonically or may
submit one or more affidavits in advance of the hearing certifying that notice
of hearing was given as required by law and that no objection to the entering
of the decree has been received by the petitioner or the attorney for the
petitioner.
                                                                        
01/27    Senate intro - 1st rdg - to printing
01/28    Rpt prt - to Jud
02/06    Rpt out - rec d/p - to 2nd rdg
02/07    2nd rdg - to 3rd rdg
02/10    3rd rdg - PASSED - 34-0-1
      AYES -- Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta,
      Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
      Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Andreason
    Floor Sponsor - Richardson
    Title apvd - to House
02/11    House intro - 1st rdg - to Jud
02/28    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 66-0-4
      AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal,
      Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk,
      Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
      Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
      Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
      Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman,
      Trail, Wills, Mr. Speaker
      NAYS -- None
      Absent and excused -- Barrett, Bieter, Jones, Wood
    Floor Sponsor - Smith(24)
    Title apvd - to Senate
03/05    To enrol
03/06    Rpt enrol - Pres signed
03/07    Sp signed
03/10    To Governor
03/13    Governor signed
         Session Law Chapter 60
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1030
                                                                        
                              BY JUDICIARY AND RULES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SUMMARY ADMINISTRATION OF ESTATES IN WHICH A SURVIVING  SPOUSE  IS
  3        THE  SOLE  BENEFICIARY; AMENDING SECTION 15-3-1205, IDAHO CODE, TO PROVIDE
  4        THAT THE PETITIONER, OR THE SURVIVING SPOUSE, OR BOTH, NEED NOT APPEAR  IN
  5        PERSON  AT  SUCH  HEARING,  NOR MUST AN ATTORNEY FOR THE PETITIONER SPOUSE
  6        APPEAR IN PERSON AT SUCH HEARING AND TO PROVIDE THAT  UPON  PROPER  MOTION
  7        MADE BY THE PETITIONER, THE PETITIONER OR THE ATTORNEY FOR THE PETITIONER,
  8        OR  BOTH,  MAY  APPEAR TELEPHONICALLY, OR ALTERNATIVELY MAY SUBMIT ONE  OR
  9        MORE AFFIDAVITS IN ADVANCE OF THE HEARING CERTIFYING THAT NOTICE OF  HEAR-
 10        ING  WAS GIVEN AS REQUIRED BY LAW AND THAT NO OBJECTION TO THE ENTERING OF
 11        THE DECREE HAS BEEN RECEIVED BY THE PETITIONER OR  THE  ATTORNEY  FOR  THE
 12        PETITIONER.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 15-3-1205, Idaho Code, be, and the same is hereby
 15    amended to read as follows:
                                                                        
 16        15-3-1205.  SUMMARY  ADMINISTRATION OF ESTATES IN WHICH A SURVIVING SPOUSE
 17    IS THE SOLE BENEFICIARY. (a) Upon the testate or intestate death of  a  person
 18    leaving  a  surviving spouse as the sole devisee or beneficiary, the surviving
 19    spouse (or any person claiming title to any property  through  or  under  such
 20    surviving  spouse)  may  file a verified petition setting out marriage and the
 21    death of a person leaving a surviving spouse as the sole devisee or  heir.  If
 22    the decedent died testate, the petition must be accompanied by the original of
 23    the  last will and testament of the decedent. Notice of hearing shall be given
 24    pursuant to the provisions of section 15-1-401, Idaho Code.
 25        (b)  If it shall appear at such hearing that the decedent and  the  person
 26    claimed  to  be  the surviving spouse were duly married and that the surviving
 27    spouse is the sole heir or devisee, a decree shall be  made  to  that  effect.
 28    This decree shall thereafter have the same effect as a formal decree approving
 29    or determining distribution. The petitioner, or the surviving spouse, or both,
 30    need  not appear in person at such hearing, nor must an attorney for the peti-
 31    tioner spouse appear in person at such hearing. Upon proper motion made by the
 32    petitioner, the petitioner or the attorney for the petitioner,  or  both,  may
 33    appear  telephonically, or alternatively may submit one (1) or more affidavits
 34    in advance of the hearing certifying that  notice  of  hearing  was  given  as
 35    required  by  law and that no objection to the entering of the decree has been
 36    received by the petitioner or the attorney for the petitioner.
 37        (c)  In the event that the surviving spouse (or person claiming through or
 38    under the surviving spouse) shall elect to proceed  under  this  section,  the
 39    surviving  spouse shall assume and be liable for any and all indebtedness that
 40    might be a claim against the estate of the  decedent  and  there  will  be  no
 41    administration of the estate of the decedent.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 12625

Summary administration is a convenient way of passing property from a deceased
spouse to a surviving spouse without going through a full probate proceeding.  Because
there is no probate proceeding, all debts of the deceased's estate are assumed by the
surviving spouse and there is no administration of the estate.  Because this is not
technically a probate proceeding, the three year period limitation on probate
proceedings does not apply.  This allows removing the name of a deceased spouse
from real estate, or other property, even though three years may have elapsed, which is
much quicker and less expensive than going through a quiet title action or similar
proceeding.  However, there is currently a question among the courts and practitioners
in Idaho as to whether the petitioner, or the petitioner's attorney, must actually appear in
person at the hearing.  It is extremely rare for anyone to appear at such a hearing in
opposition to the decree being entered, and if there is such an appearance in
opposition, the hearing is continued.  It creates extra expense for the attorney to appear
at a pro forma hearing and does not convey any benefit to the petitioner in return for
that extra expense.  Many courts allow telephonic appearance, or allow affidavit(s), or
require nothing except the verified petition.  Only a few courts require in person
appearance.  This bill will eliminate the confusion, and do so in a manner that lowers the
costs of summary administration.

                          FISCAL NOTE

This bill will have no fiscal impact, except that less court time may be involved in
summary administrations.

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: rlaldridge@hotmail.com










Statement of Purpose / Fiscal Impact                                                           S 103