View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
|||| 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
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