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S1319................................................by JUDICIARY AND RULES ESTATE VALUES - Amends existing law relating to the Uniform Probate Code to increase the cap for estate values. 01/30 Senate intro - 1st rdg - to printing 01/31 Rpt prt - to Jud 02/09 Rpt out - rec d/p - to 2nd rdg 02/10 2nd rdg - to 3rd rdg 02/17 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Fulcher, Jorgenson Floor Sponsor - Sweet Title apvd - to House 02/20 House intro - 1st rdg - to Jud 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/16 3rd rdg - PASSED - 62-0-8 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Stevenson, Trail NAYS -- None Absent and excused -- Bedke, Bell, Crow, Deal, Snodgrass, Wills, Wood, Mr. Speaker Floor Sponsor - Pence Title apvd - to Senate 03/17 To enrol 03/20 Rpt enrol - Pres signed - Sp signed 03/21 To Governor 03/22 Governor signed Session Law Chapter 160 Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1319 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO THE UNIFORM PROBATE CODE; AMENDING SECTION 15-3-1201, IDAHO CODE, 3 TO INCREASE THE CAP FOR ESTATE VALUES AND TO MAKE TECHNICAL CORRECTIONS. 4 Be It Enacted by the Legislature of the State of Idaho: 5 SECTION 1. That Section 15-3-1201, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 15-3-1201. COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT. (a) Thirty (30) 8 days after the death of a decedent, any person indebted to the decedent or 9 having possession of tangible personal property or an instrument evidencing a 10 debt, obligation, stock or chose in action belonging to the decedent shall 11 make payment of the indebtedness or deliver the tangible personal property or 12 an instrument evidencing a debt, obligation, stock or chose in action to a 13 person or entity claiming to be the successor of the decedent upon being pre- 14 sented an affidavit made by or on behalf of the successor stating that: 15 (1)tThe fair market value of the entire estate of the decedent which is 16 subject to probate, wherever located, less liens and encumbrances, does 17 not exceedseventy-fiveone hundred thousand dollars ($75100,000); 18 (2)tThirty (30) days have elapsed since the death of the decedent; 19 (3)nNo application or petition for the appointment of a personal repre- 20 sentative or for summary administration is pending or has been granted in 21 any jurisdiction; and 22 (4)tThe claiming successor is entitled to payment or delivery of the 23 property, including entitlement as a trust pursuant to a will of the dece- 24 dent. 25 (b) A transfer agent of any security shall change the registered owner- 26 ship on the books of a corporation from the decedent to the successor or suc- 27 cessors upon the presentation of an affidavit as provided in subsection (a) of 28 this section.
STATEMENT OF PURPOSE RS: 15742 A Small Estate Affidavit is used to collect personal property of a decedent without going through probate procedures. Only personal property, not real estate, can be collected, and the proper successor must present the affidavit. Current law sets the maximum amount of such property, which most often is bank accounts, stock accounts, vehicles, etc., at $75,000.00. However, an increasing number of cases have occurred where the amount of personal property exceeds $75,000.00. Therefore, this bill increases the maximum limit to $100,000.00. This also matches the normal maximum amount that a bank account would hold, due to FDIC insurance limits. FISCAL NOTE 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 1319