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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 - 2004IN 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 thefirstlast to occuron receiptof: (1) delivery or 15 mailing of the written statement of claimbyto 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