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S1033...................................................by JUDICIARY AND RULES
ESTATE - EXEMPT PROPERTY - Amends existing law to provide that in a decedent's
estate, when there is no surviving spouse, the decedent's children are
entitled jointly to the same value of exempt property unless the decedent's
will provides otherwise.
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
02/11 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, 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 -- None
Floor Sponsor - Burkett
Title apvd - to House
02/12 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 - 66-1-3
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, 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 -- Clark
Absent and excused -- Barrett, Jones, Wood
Floor Sponsor - Boe
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 63
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1033
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO EXEMPT PROPERTY IN A DECEDENT'S ESTATE; AMENDING SECTION 15-2-403,
3 IDAHO CODE, TO PROVIDE THAT IN A DECEDENT'S ESTATE WHEN THERE IS NO SUR-
4 VIVING SPOUSE, THE DECEDENT'S CHILDREN ARE ENTITLED JOINTLY TO THE SAME
5 VALUE OF EXEMPT PROPERTY UNLESS THE DECEDENT'S WILL PROVIDES OTHERWISE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 15-2-403, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 15-2-403. EXEMPT PROPERTY. In addition to any homestead or homestead
10 allowance, the decedent's surviving spouse is entitled from the estate to
11 value, not exceeding ten thousand dollars ($10,000) in excess of any security
12 interests therein, in household furniture, automobiles, furnishings, appli-
13 ances and personal effects. If there is no surviving spouse, the decedent's
14 children are entitled jointly to the same value unless the decedent's will
15 provides otherwise. If encumbered chattels are selected and if the value in
16 excess of security interests, plus that of other exempt property, is less than
17 ten thousand dollars ($10,000), or if there is not ten thousand dollars
18 ($10,000) worth of exempt property in the estate, the spouse or children are
19 entitled to other assets of the estate, if any, to the extent necessary to
20 make up the ten thousand dollar ($10,000) value. Rights to exempt property and
21 assets needed to make up a deficiency of exempt property have priority over
22 all claims against the estate, except that the right to any assets to make up
23 a deficiency of exempt property shall abate as necessary to permit prior pay-
24 ment of homestead allowance and family allowance. These rights are in addition
25 to any benefit or share passing to the surviving spouse or children by the
26 will of the decedent unless otherwise provided in the will, or by intestate
27 succession, or by way of elective share.
STATEMENT OF PURPOSE
RS 12671
Section 15-2-403 provides for certain types of exempt property to pass to a surviving
spouse, or children of the decedent if there is no surviving spouse. A question has arisen
as to whether the will of the decedent could provide that such exempt property allowance
not be given to children, or only to some of the children, especially in cases where the
decedent was estranged from one or more of the children. This amendment clarifies that
the will of the decedent can so provide. This carries out the general philosophy of the
probate act that a decedent can override many of the default provisions of the act by
express terms and conditions in a will.
FISCAL NOTE
This bill will have no fiscal impact.
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 1033