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S1251................................................by JUDICIARY AND RULES
ESTATES - Amends existing law to specify the manner and time for
presentation of claims against an estate.
01/29 Senate intro - 1st rdg - to printing
01/30 Rpt prt - to Jud
02/12 Rpt out - rec d/p - to 2nd rdg
02/13 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Darrington, Kennedy
Floor Sponsor - Sweet
Title apvd - to House
02/20 House intro - 1st rdg - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 59-0-11
AYES -- Andersen, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz,
Bradford, Campbell, Cannon, Clark, Collins, Cuddy, Deal, Denney,
Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Langford,
Langhorst, Martinez, McGeachin, Meyer, Miller, Moyle, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Mr. Speaker
NAYS -- None
Absent and excused -- Barraclough, Barrett, Crow, Gagner, Lake,
McKague, Mitchell, Rydalch, Trail, Wills, Wood
Floor Sponsor - Harwood
Title apvd - to Senate
03/10 To enrol
03/11 Rpt enrol - Pres signed
03/12 Sp signed
03/15 To Governor
03/19 Governor signed
Session Law Chapter 124
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1251
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO PRESENTATION OF CLAIMS AGAINST AN ESTATE; AMENDING SECTION
3 15-3-804, IDAHO CODE, TO SPECIFY THE MANNER AND TIME FOR PRESENTATION OF
4 CLAIMS AGAINST AN ESTATE.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 15-3-804, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 15-3-804. MANNER OF PRESENTATION OF CLAIMS. Claims against a decedent's
9 estate may be presented as follows:
10 (a) The claimant shall deliver or mail to the personal representative a
11 written statement of the claim indicating its basis, the name and address of
12 the claimant, and the amount claimed, and file a written statement of the
13 claim, in the form prescribed by rule, with the clerk of the court. The claim
14 is deemed presented on the first last to occur on receipt of: (1) delivery or
15 mailing of the written statement of claim by to the personal representative,;
16 or, (2) the filing of the claim with the court. If a claim is not yet due, the
17 date when it will become due shall be stated. If the claim is contingent or
18 unliquidated, the nature of the uncertainty shall be stated. If the claim is
19 secured, the security shall be described. Failure to describe correctly the
20 security, the nature of any uncertainty, and the due date of a claim not yet
21 due does not invalidate the presentation made.
22 (b) The claimant may commence a proceeding against the personal represen-
23 tative in any court where the personal representative may be subjected to
24 jurisdiction, to obtain payment of his claim against the estate, but the com-
25 mencement of the proceeding must occur within the time limited for presenting
26 the claim. No presentation of claim is required in regard to matters claimed
27 in proceedings against the decedent which were pending at the time of his
28 death.
29 (c) If a claim is presented under subsection (a) of this section, no pro-
30 ceeding thereon may be commenced more than sixty (60) days after the personal
31 representative has mailed a notice of disallowance; but, in the case of a
32 claim which is not presently due or which is contingent or unliquidated, the
33 personal representative may consent to an extension of the sixty (60) day
34 period, or to avoid injustice the court, on petition, may order an extension
35 of the sixty (60) day period, but in no event shall the extension run beyond
36 the applicable statute of limitations.
STATEMENT OF PURPOSE
RS 13791
To file a claim against the estate of a decedent, the creditor
must file a written claim both with the Personal Representative
and with the Court. Section 15-3-803 sets forth the various time
limitations within which claims must be presented. However, the
existing language of 15-3-804 says that a claim is deemed
presented on the earlier of the filing with the Personal
Representative or with the Court. In recent cases, a creditor
has argued that the sending of a bill to the deceased, which was
then received by the Personal Representative, without a filing
with the Court, and without any reference in the bill to the
probate proceeding, was a filing with the Personal
Representative. Therefore, when the claim was not paid by the
Estate, the creditor could, several years later, belatedly file a
claim with the Court and still fit within the time limitations of
15-3-803, even though the Personal Representative had published a
Notice to Creditors. This situation creates chaos in estate
administration, because the Personal Representative has no way of
knowing whether a claim will be filed years after death but still
be valid. This bill remedies the situation by providing that the
date of filing is the later of the filing with the Personal
Representative or the filing with the Court. Creditors must
therefore act within the statutory time periods to file claims,
and the Personal Representative will know with certainty when all
claims are either filed or barred so that the estate can safely
be distributed.
FISCAL NOTE
This bill will have no fiscal impact.
Contact
Name: Robert L. Aldridge
Phone: (208) 336-9880
STATEMENT OF PURPOSE/FISCAL NOTE S 1251