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S1069................................................by JUDICIARY AND RULES
ESTATES - Amends existing law relating to estates to clarify procedures
applicable to the summary administration of estates in which a surviving
spouse is the sole beneficiary.
01/31 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Jud
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 34-0-1
AYES -- Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron,
Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai,
Marley, McGee, McKenzie, Noble, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Andreason
Floor Sponsor - Davis
Title apvd - to House
02/15 House intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 65-0-5
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Cannon, Chadderdon,
Clark, Collins, Deal, Denney, Edmunson, Ellsworth, Field(18),
Field(23), Garrett, Hart(Jacobson), Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Ring, Ringo, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- None
Absent and excused -- Bradford, Crow, Eskridge, Raybould, Roberts
Floor Sponsor - Nielsen
Title apvd - to Senate
03/16 To enrol
03/17 Rpt enrol - Pres signed
03/18 Sp signed
03/21 To Governor
03/23 Governor signed
Session Law Chapter 121
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1069
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ESTATES; AMENDING SECTION 15-3-1205, IDAHO CODE, TO CLARIFY PROCE-
3 DURES APPLICABLE TO THE SUMMARY ADMINISTRATION OF ESTATES IN WHICH A SUR-
4 VIVING SPOUSE IS THE SOLE BENEFICIARY.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 15-3-1205, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 15-3-1205. SUMMARY ADMINISTRATION OF ESTATES IN WHICH A SURVIVING SPOUSE
9 IS THE SOLE BENEFICIARY. (a) Upon the testate or intestate death of a person
10 leaving a surviving spouse as the sole devisee or beneficiary, the surviving
11 spouse (or any person claiming title to any property through or under such
12 surviving spouse) may file a verified petition setting out marriage and the
13 death of a person leaving a surviving spouse as the sole devisee or heir. If
14 the decedent died testate, the petition must be accompanied by the original of
15 the last will and testament of the decedent. Notice of hearing shall be given
16 pursuant to the provisions of section 15-1-401, Idaho Code.
17 (b) If it shall appear at such hearing that the decedent and the person
18 claimed to be the surviving spouse were duly married and that the surviving
19 spouse is the sole heir or devisee, a decree shall be made to that effect.
20 This decree shall thereafter have the same effect as a formal decree approving
21 or determining distribution. The petitioner, or the surviving spouse, or both,
22 need not appear in person at such hearing, nor must an attorney for the peti-
23 tioner spouse appear in person at such hearing. Upon proper motion made by the
24 petitioner, tThe petitioner or the attorney for the petitioner, or both, may
25 either:
26 (1) Upon proper motion made by the petitioner, appear telephonically,; or
27 alternatively may
28 (2) Ssubmit one (1) or more affidavits in advance of the hearing certify-
29 ing that notice of hearing was given as required by law and that no objec-
30 tion to the entering of the decree has been received by the petitioner or
31 the attorney for the petitioner.
32 (c) In the event that the surviving spouse (or person claiming through or
33 under the surviving spouse) shall elect to proceed under this section, the
34 surviving spouse shall assume and be liable for any and all indebtedness that
35 might be a claim against the estate of the decedent and there will be no
36 administration of the estate of the decedent.
STATEMENT OF PURPOSE
RS 14716
This bill clarifies a question that has arisen in regard to
summary administration of an estate, a procedure which is not a
probate proceeding, but which passes all property to the
surviving spouse of the deceased. A hearing is held before the
court on the petition for the decree, but neither the petitioner
nor the attorney for the petitioner are required to attend.
However, the Court normally wishes to have some evidence that,
after proper notice, no objection has been received by the
petitioner or the petitioner's attorney. This bill clarifies
that, while a motion is required for a petitioner or the attorney
for petitioner to appear at the hearing telephonically, no motion
is needed if the petitioner or the attorney for the petitioner is
instead submitting an affidavit that no objection has been
received to the granting of the decree.
FISCAL IMPACT
This bill will have no fiscal impact.
CONTACT:
Name: Robert L. Aldridge
Trust & Estate Professionals of Idaho, Inc.
Telephone: office: (208) 336-9880 Cell: (208) 631-2481
STATEMENT OF PURPOSE/FISCAL NOTE S 1069