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F I S C A L   I M P A C T   R E P O R T

 

 

SPONSOR:

Nunez

 

DATE TYPED:

2/28/03

 

HB

879

 

SHORT TITLE:

Probate Time Limits

 

SB

 

 

 

ANALYST:

Maloy

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY03

FY04

FY03

FY04

 

 

 

NFI

 

NFI

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

SOURCES OF INFORMATION

 

Responses Received From

Office of the Attorney General

Administrative Offices of the Court

 

SUMMARY

 

     Synopsis of Bill

 

House Bill 879 enacts a new section of the Uniform Probate Code.  This new section requires a personal representative: (1) to make reports to interested parties every three months about the status of the administration of the decedent’s estate, and (2) to give a final report to all interested parties of the settlement of the decedent’s estate no later than three years after commencing the administration of the decedent’s estate.

 

Significant Issues

 

1.                  Probate matters can be drawn out and time consuming.  It may be onerous for a personal representative to have to report to all interest parties every three months.

 

If this is to be required, it would be most helpful if the Probate Court were to provide short, concise form reports for use by the public.

 

2.                  Requiring communication with interested parties would be beneficial because family members and other interested parties often become very frustrated by the lack of information they are provided during the probate process.

 

3.                  The reports should become part of the accessible court file in order that those who may not be known as interested parties may have a means of checking on the status of a probate matter. 

           

FISCAL IMPLICATIONS

 

There is fiscal impact on the state.  However, there may be minor budget and staff implications for the Probate Courts in developing form reports and monitoring the appropriate distribution of required status reports.

 

SJM/njw