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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 - 2004
IN 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) two three (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 the decendent dece-
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