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S1303................................................by JUDICIARY AND RULES PROBATE OF WILLS - Amends existing law relating to the probate of wills and presentation of claims to change the time limit for filing of claims. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Jud 02/24 Rpt out - rec d/p - to 2nd rdg 02/25 2nd rdg - to 3rd rdg 03/01 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw, Calabretta, Cameron, Compton(Duncan), Darrington, Davis, Gannon, Geddes, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Hill, Marley Floor Sponsor - Sweet Title apvd - to House 03/02 House intro - 1st rdg - to Jud 03/08 Rpt out - rec d/p - to 2nd rdg 03/09 2nd rdg - to 3rd rdg 03/10 3rd rdg - PASSED - 61-3-6 AYES -- Andersen, Barraclough, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow, Cuddy, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Moyle, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wood, Mr. Speaker NAYS -- Barrett, Kellogg, Mitchell Absent and excused -- Campbell, Deal, Naccarato, Sali, Trail, Wills Floor Sponsor - Nielsen Title apvd - to Senate 03/11 To enrol 03/12 Rpt enrol - Pres signed 03/15 Sp signed 03/16 To Governor 03/19 Governor signed Session Law Chapter 130 Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE SENATE SENATE BILL NO. 1303 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO PROBATE OF WILLS AND FILING OF CLAIMS; AMENDING SECTION 15-3-803, 3 IDAHO CODE, TO CHANGE THE TIME LIMIT FOR FILING OF CLAIMS AND TO MAKE A 4 TECHNICAL CORRECTION. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 15-3-803, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 15-3-803. LIMITATIONS ON PRESENTATION OF CLAIMS. (a) All claims against a 9 decedent's estate which arose before the death of the decedent, including 10 claims of the state and any subdivision thereof (except claims for state 11 taxes), whether due or to become due, absolute or contingent, liquidated or 12 unliquidated, founded on contract, tort, or other legal basis, if not barred 13 earlier by another statute of limitations or nonclaim statute, are barred 14 against the estate, the personal representative, and the heirs and devisees of 15 the decedent, unless presented within the earlier of the following dates: 16 (1)twothree (23) years after the decedent's death; or 17 (2) within the time provided in section 15-3-801(b), Idaho Code, for 18 creditors who are given actual notice, and within the time provided in 19 section 15-3-801(a), Idaho Code, for all creditors barred by publication. 20 (b) All claims described in subsection (a) of this section barred by the 21 nonclaim statute of the decedent's domicile before the giving of notice to 22 creditors in this state are also barred in this state. 23 (c) All claims against a decedent's estate which arise at or after the 24 death of the decedent, including claims of the state and any subdivision 25 thereof (except claims for state taxes), whether due or to become due, abso- 26 lute or contingent, liquidated or unliquidated, founded on contract, tort, or 27 other legal basis, are barred against the estate, the personal representative, 28 and the heirs and devisees of the decedent, unless presented as follows: 29 (1) a claim based on a contract with the personal representative, within 30 four (4) months after performance by the personal representative is due; 31 (2) any other claim, within the later of four (4) months after it arises, 32 or the time specified in subsection (a)(1) of this section. 33 (d) Claims relating to state taxes, whether due or to become due, abso- 34 lute or contingent, liquidated or unliquidated, are barred against the estate, 35 the personal representative, and the heirs and devisees of thedecendentdece- 36 dent, unless presented within the earlier of the following dates: 37 (1) three (3) years from the latest of: 38 (i) the date of the decedent's death, 39 (ii) the due date of the return (without regard to extensions), or 40 (iii) the date the return was filed; or 41 (2) within the time provided in section 63-3068(e) or 63-3633(e), Idaho 42 Code, if the state tax commission has been given written notice in accor- 43 dance with the provisions of those sections. 2 1 (e) Nothing in this section affects or prevents: 2 (1) any proceeding to enforce any mortgage, pledge, or other lien upon 3 property of the estate; 4 (2) to the limits of the insurance protection only, any proceeding to 5 establish liability of the decedent or the personal representative for 6 which he is protected by liability insurance; 7 (3) collection of compensation for services rendered and reimbursement 8 for expenses advanced by the personal representative or by the attorney or 9 accountant for the personal representative of the estate; or 10 (4) assessment or collection of state taxes arising from activities or 11 transactions of the estate; or 12 (5) assessment or collection of state taxes if a return has not been 13 filed with the state tax commission.
STATEMENT OF PURPOSE RS 13949 The current probate code contains two conflicting provisions. Claims by creditors must be presented within two years after death, but probate can be started as late as three years after death. This leaves a one year window which can be exploited to avoid payment of legitimate debts, including estate recovery claims under Medicaid. There is no logical reason that the time limit for presenting claims should not be the same as the time limit for probate. Therefore, the bill changes the two year limit in the existing code to three years. FISCAL NOTE This bill will have no fiscal impact. The bill may increase estate recovery, which would yield a positive fiscal impact. CONTACT: Robert L. Aldridge PHONE: (208) 336-9880 STATEMENT OF PURPOSE/FISCAL NOTE S 1303