SB0018

Various probate matters.

Latest bill text (Comm Sub) [PDF]

Summary

Various probate matters. Expands the definition of a "health care representative". Creates a procedure to transfer the interest of certain single member, limited liability companies to a legatee or heir of the member upon the member's death. Provides that certain provisions in a will or revocable trust in favor of the testator's or trust settlor's former spouse are revoked upon dissolution or annulment of the marriage. Specifies that the provisions in favor of the testator's or trust settlor's former spouse are reinstated if the testator or the settlor remarries the former spouse. Provides that a court may order a convicted felon to serve as a domiciliary personal representative under certain circumstances. Provides that a claim by the estate recovery unit is forever barred unless the estate recovery unit takes certain action against the decedent's estate not later than 120 days after the date of death of the decedent. Provides that a personal representative or a trustee is not required to distribute particular assets based upon the potential gain or loss that a distributee would realize if the assets were sold. Provides that a verified petition for the issuance of a confidential health disclosure order must state whether the alleged incapacitated person cannot provide or has refused to provide written authorization for disclosure of certain medical information. Provides that a document creating a power of attorney that does not contain a notary and preparation statement may be recorded with the county recorder if the document meets certain criteria. Provides signature formats for an attorney in fact to use when signing an instrument on behalf of a principal. Provides recording requirements when including cross-references to a previously recorded document. Requires the endorsement of the county auditor to record a transfer on death deed and instrument. Specifies who an owner may designate as a grantee in a beneficiary designation instrument. Clarifies the form and scope of a transfer on death instrument. Resolves a technical conflict with HEA 1034-2024. Makes conforming and technical changes. (The introduced version of this bill was prepared by the probate code study commission.)

Authors

Authored by Senator Brown L

Roll Calls

2024-03-07SenateSenate - Conference Committee Report 1 PASS
2024-03-06HouseHouse - Rules Suspended. Conference Committee Report 1 PASS
2024-02-27HouseHouse - Third reading PASS
2024-01-29SenateSenate - Third reading PASS

Fiscal Outlook

Title Description Date View
Fiscal NoteFiscal Note #1: House Enrolled2024-03-08 Click To View
Conference ReportConference Report2024-03-06 Click To View
Conference ReportConference Report2024-03-06 Click To View
Fiscal NoteFiscal Note #3: House Comm Sub2024-02-27 Click To View
Fiscal NoteFiscal Note #2: House Comm Sub2024-02-26 Click To View
Fiscal NoteFiscal Note #1: House Comm Sub2024-02-22 Click To View
Committee ReportSenate Committee Report2024-02-22 Click To View
Vote SheetVote Sheet February 21, 20242024-02-21 Click To View
Fiscal NoteFiscal Note #3: Senate Comm Sub2024-01-29 Click To View
Fiscal NoteFiscal Note #2: Senate Comm Sub2024-01-16 Click To View
Fiscal NoteFiscal Note #1: Senate Comm Sub2024-01-11 Click To View
Committee ReportSenate Committee Report2024-01-11 Click To View
Vote SheetVote Sheet January 10, 20242024-01-10 Click To View
Fiscal NoteFiscal Note #1: Introduced2023-12-21 Click To View

History

Date Chamber Action
2024-03-13SenatePublic Law 99
2024-03-13SenateSigned by the Governor
2024-03-12SenateSigned by the President of the Senate
2024-03-11HouseSigned by the Speaker
2024-03-08SenateSigned by the President Pro Tempore
2024-03-07SenateConference Committee Report 1: adopted by the Senate; Roll Call 299: yeas 46, nays 2
2024-03-06HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 307: yeas 92, nays 0
2024-03-06HouseCCR # 1 filed in the House
2024-03-06SenateCCR # 1 filed in the Senate
2024-02-29SenateSenate advisors appointed: Randolph Lonnie M and Carrasco
2024-02-29SenateSenate conferees appointed: Brown L and Pol
2024-02-29SenateSenate dissented from House amendments
2024-02-29SenateMotion to dissent filed
2024-02-29HouseHouse advisors appointed: Jeter, Zimmerman and Garcia Wilburn
2024-02-29HouseHouse conferees appointed: Torr and Bauer M
2024-02-28HouseReturned to the Senate with amendments
2024-02-27HouseThird reading: passed; Roll Call 214: yeas 93, nays 0
2024-02-26HouseSecond reading: ordered engrossed
2024-02-22HouseCommittee report: amend do pass, adopted
2024-02-12HouseRepresentatives Jeter and Steuerwald added as cosponsors
2024-02-06HouseFirst reading: referred to Committee on Judiciary
2024-01-31SenateReferred to the House
2024-01-29SenateHouse sponsor: Representative Torr
2024-01-29SenateThird reading: passed; Roll Call 41: yeas 49, nays 0
2024-01-18SenateSenator Carrasco added as third author
2024-01-16SenateSecond reading: ordered engrossed
2024-01-11SenateCommittee report: amend do pass, adopted
2024-01-09SenateSenator Koch added as second author
2024-01-08SenateFirst reading: referred to Committee on Judiciary
2024-01-08SenateAuthored by Senator Brown L