2004 Legislation
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SENATE BILL NO. 1251 – Estate, claims against, presentatn


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Bill Status

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

Bill Text

  ]]]]              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
  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 / Fiscal Impact

                       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.


Name: Robert L. Aldridge 
Phone: (208) 336-9880

STATEMENT OF PURPOSE/FISCAL NOTE                      S 1251