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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 - 2003IN 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