HB330 - Probate - Gaw, Steve
HB330 REVISES THE PROBATE CODE.
Sponsor: Gaw, Steve (22) Effective Date:00/00/00
CoSponsor: LR Number:0692-02
Last Action: COMMITTEE: JUDICIARY
03/01/95 - Reported Do Pass with amendments (H)
HB330
HCA 1
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB330
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BILL SUMMARIES

COMMITTEE

HB 330 -- PROBATE

SPONSOR:  Gaw

COMMITTEE ACTION:  Voted "do pass" by the Committee on Judiciary
and Ethics by a vote of 9 to 3.

This bill makes several changes in the procedure of estate
administration and in the law of intestate succession.

In the area of procedure of estate administration, the bill:

(1)  Makes any person submitting an affidavit setting forth a
claim against the decedent an interested person.  The hearing
required within 15 days of such filing is not to determine the
validity of the claim, but simply who should be directed to
apply for letters.  All interested persons must receive notice
of this hearing.  The bill also puts a timeliness requirement on
the person found by the court to be entitled to the issuance of
letters; this person must apply and qualify for such letters
within a time frame established by the court, or the court may
issue letters to a different applicant;

(2)  Allows the court, at any time, to order a qualifying estate
to be handled pursuant to sections 473.090 and 473.097
(involving estates under $10,000), upon petition by any
qualified person.  The court does not have to provide notice to
interested parties;

(3)  Permits but does not require the personal representative to
notify creditors by first class mail that the creditor must file
a claim by a certain date.  The bill prescribes changes in the
form of the notice to creditors.  Creditors notified by first
class mail or personal service must respond within 2 months,
instead of 6 months;

(4)  Changes the time frame within which one must file to
establish an interest in an estate by descent from 6 months
after the first publication of letters to 6 months plus 20
days.  (Pursuant to 473.590 and 473.840, which allow 20 days to
object to a statement of account or a final settlement);

(5)  Allows the court to refuse to grant letters at any time.
The ceiling for the value of the estate for which a creditor can
apply for refusal of letters is increased from $5,000 to $10,000;

(6)  Allows a distributee of an estate valued at less than
$40,000 to obtain his or her property at any time after 30 days
after the death of the decedent.  The bill also allows the
affiant to liquidate the estate's personal property to pay debts
of the estate and to facilitate distribution of the property;

(7)  Shortens the time in which a person may bring a proceeding
against the bond of the personal representative from two years
after the personal representative's discharge to one year after;

(8)  Bars debts of the decedent (with enumerated exceptions) not
filed with the court within 6 months of the first publication of
the notice of letters testamentary, or within 2 months for
creditors to whom notice was mailed or served; and

(9)  Changes, from one year to six months, the time period that
must expire after the filing of the statement of account before
the personal representative is automatically discharged from
further claims by an interested party.  The court is required to
make an order discharging the representative after proper
distribution is ordered, pursuant to a hearing on an objection
to the statement of account;

In the law of intestate succession and estate administration,
the bill:

(1)  Takes parents out of the intestacy succession when there
exists a surviving spouse, one or both parents, but no issue.
Currently, the spouse gets the first $20,000, then half the
balance, with the rest going to the parent or parents.  This
section of the bill gives everything to the surviving spouse if
there are no issue.  The bill also changes "and" to "or" in the
distribution to descendants of the parents and siblings,
cleaning up an ambiguity as to whether the distribution was to
be per stirpes or per capita.  The bill also requires a
predeceased spouse (in order for the predeceased spouse's
kindred to take) to have been married to the decedent when the
predeceased spouse died.  In the scenario of more than one such
predeceased spouse, the kindred of each predeceased spouse take
in equal shares;

(2)  Includes a pickup truck as a passenger motor vehicle that
can be exempt property;

(3)  Removes the one year limit on a support allowance to the
surviving spouse and dependent children and, instead, allows it
to continue through the period of administration, as long as the
estate is adequate to discharge allowed claims.  The allowance
may be paid in a lump sum or in period installments.  The death
of any person entitled to such a family allowance terminates the
right to allowances not yet paid.  In setting the amount of the
support allowance, the court may consider the applicant's
income, assets and expenses.  The court may allocate allowance
funds appropriately when a dependent child of the decedent is
not living with the surviving spouse.  The court may also
authorize the distribution of property in kind, instead of a
cash allowance, to dependent children (instead of only to the
surviving spouse);

(4)  Increases the limit on the support allowance from $7,500 to
$15,000; and

(5)  Allows property disposed of through the tangible personal
property list to include cash, evidence of indebtedness,
documents of title and securities (but still excludes property
used in a trade or business).

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that the bill addresses several
areas of estate administration in order to make the handling of
an estate easier and more efficient for the heirs, attorneys,
and courts.  Many provisions have not been updated for a long
time, and estate planning and inflation have made several
provisions obsolete.  One change is a response to a Missouri
Supreme Court decision regarding the statute of limitations on
creditors' claims against estates.  Other changes were made
regarding dollar amount thresholds to adjust for inflation.
Changes in the amount thresholds in estate administration are
needed to ease the administration of small estates, which are
more prevalent with the increase in estate planning.

Testifying for the bill were Representative Gaw; and Missouri
Bar.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Research Analyst


INTRODUCED

HB 330 -- Probate

Sponsor:  Gaw

This bill makes several changes in the procedure of estate
administration and in the law of intestate succession.

In the area of procedure of estate administration, the bill:

(1)  Makes any person submitting an affidavit setting forth a
claim against the decedent an interested person.  The hearing
required within 15 days of such filing is not to determine the
validity of the claim, but simply who should be directed to
apply for letters.  All interested persons must receive notice
of this hearing.  The bill also puts a timeliness requirement on
the person found by the court to be entitled to the issuance of
letters; this person must apply and qualify for such letters
within a time frame established by the court, or the court may
issue letters to a different applicant;

(2)  Allows the court, at any time, to order a qualifying estate
to be handled pursuant to sections 473.090 and 473.097
(involving estates under $10,000), upon petition by any
qualified person.  The court does not have to provide notice to
interested parties;

(3)  Permits but does not require the personal representative to
notify creditors by first class mail that the creditor must file
a claim by a certain date.  The bill prescribes changes in the
form of the notice to creditors.  Creditors notified by first
class mail or personal service must respond within 2 months,
instead of 6 months;

(4)  Changes the time frame within which one must file to
establish an interest in an estate by descent from 6 months
after the first publication of letters to 6 months plus 20
days.  (Pursuant to 473.590 and 473.840, which allow 20 days to
object to a statement of account or a final settlement);

(5)  Allows the court to refuse to grant letters at any time.
The ceiling for the value of the estate for which a creditor can
apply for refusal of letters is increased from $5,000 to $10,000;

(6)  Allows a distributee of an estate valued at less than
$40,000 to obtain his or her property at any time after 30 days
after the death of the decedent.  The bill also allows the
affiant to liquidate the estate's personal property to pay debts
of the estate and to facilitate distribution of the property;

(7)  Shortens the time in which a person may bring a proceeding
against the bond of the personal representative from two years
after the personal representative's discharge to one year after;

(8)  Bars debts of the decedent (with enumerated exceptions) not
filed with the court within 6 months of the first publication of
the notice of letters testamentary, or within 2 months for
creditors to whom notice was mailed or served; and

(9)  Changes, from one year to six months, the time period that
must expire after the filing of the statement of account before
the personal representative is automatically discharged from
further claims by an interested party.  The court is required to
make an order discharging the representative after proper
distribution is ordered, pursuant to a hearing on an objection
to the statement of account;

In the law of intestate succession, the bill:

(1)  Takes parents out of the intestacy succession when there
exists a surviving spouse, one or both parents, but no issue.
Currently, the spouse gets the first $20,000, then half the
balance, with the rest going to the parent or parents.  This
section of the bill gives everything to the surviving spouse if
there are no issue.  The bill also changes "and" to "or" in the
distribution to descendants of the parents and siblings,
cleaning up an ambiguity as to whether the distribution was to
be per stirpes or per capita.  The bill also requires a
predeceased spouse (in order for the predeceased spouse's
kindred to take) to have been married to the decedent when the
predeceased spouse died.  In the scenario of more than one such
predeceased spouse, the kindred of each predeceased spouse take
in equal shares;

(2)  Includes a pickup truck as a passenger motor vehicle that
can be exempt property;

(3)  Removes the one year limit on a support allowance to the
surviving spouse and dependent children and, instead, allows it
to continue through the period of administration, as long as the
estate is adequate to discharge allowed claims.  The allowance
may be paid in a lump sum or in period installments.  The death
of any person entitled to such a family allowance terminates the
right to allowances not yet paid.  In setting the amount of the
support allowance, the court may consider the applicant's
income, assets and expenses.  The court may allocate allowance
funds appropriately when a dependent child of the decedent is
not living with the surviving spouse.  The court may also
authorize the distribution of property in kind, instead of a
cash allowance, to dependent children (instead of only to the
surviving spouse);

(4)  Increases the limit on the support allowance from $7,500 to
$15,000; and

(5)  Allows property disposed of through the tangible personal
property list to include cash, evidence of indebtedness,
documents of title and securities (but still excludes property
used in a trade or business).


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