IN SB0018 | 2024 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 6-0)
Status: Passed on March 13 2024 - 100% progression
Action: 2024-03-13 - Public Law 99
Text: Latest bill text (Enrolled) [PDF]
Spectrum: Partisan Bill (Republican 6-0)
Status: Passed on March 13 2024 - 100% progression
Action: 2024-03-13 - Public Law 99
Text: Latest bill text (Enrolled) [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.)
Title
Various probate matters.
Sponsors
| Sen. Elizabeth Brown [R] | Sen. Eric Koch [R] | Sen. Cyndi Carrasco [R] | Rep. Gerald Torr [R] |
| Rep. Chris Jeter [R] | Rep. Gregory Steuerwald [R] |
Roll Calls
2024-03-07 - Senate - Senate - Conference Committee Report 1 (Y: 46 N: 2 NV: 0 Abs: 2) [PASS]
2024-03-06 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 92 N: 0 NV: 1 Abs: 7) [PASS]
2024-02-27 - House - House - Third reading (Y: 92 N: 0 NV: 4 Abs: 4) [PASS]
2024-01-29 - Senate - Senate - Third reading (Y: 49 N: 0 NV: 0 Abs: 1) [PASS]
2024-03-06 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 92 N: 0 NV: 1 Abs: 7) [PASS]
2024-02-27 - House - House - Third reading (Y: 92 N: 0 NV: 4 Abs: 4) [PASS]
2024-01-29 - Senate - Senate - Third reading (Y: 49 N: 0 NV: 0 Abs: 1) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2024-03-13 | Senate | Public Law 99 |
| 2024-03-13 | Senate | Signed by the Governor |
| 2024-03-12 | Senate | Signed by the President of the Senate |
| 2024-03-11 | House | Signed by the Speaker |
| 2024-03-08 | Senate | Signed by the President Pro Tempore |
| 2024-03-07 | Senate | Conference Committee Report 1: adopted by the Senate; Roll Call 299: yeas 46, nays 2 |
| 2024-03-06 | House | Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 307: yeas 92, nays 0 |
| 2024-03-06 | House | CCR # 1 filed in the House |
| 2024-03-06 | Senate | CCR # 1 filed in the Senate |
| 2024-02-29 | Senate | Senate advisors appointed: Randolph Lonnie M and Carrasco |
| 2024-02-29 | Senate | Senate conferees appointed: Brown L and Pol |
| 2024-02-29 | Senate | Senate dissented from House amendments |
| 2024-02-29 | Senate | Motion to dissent filed |
| 2024-02-29 | House | House advisors appointed: Jeter, Zimmerman and Garcia Wilburn |
| 2024-02-29 | House | House conferees appointed: Torr and Bauer M |
| 2024-02-28 | House | Returned to the Senate with amendments |
| 2024-02-27 | House | Third reading: passed; Roll Call 214: yeas 93, nays 0 |
| 2024-02-26 | House | Second reading: ordered engrossed |
| 2024-02-22 | House | Committee report: amend do pass, adopted |
| 2024-02-12 | House | Representatives Jeter and Steuerwald added as cosponsors |
| 2024-02-06 | House | First reading: referred to Committee on Judiciary |
| 2024-01-31 | Senate | Referred to the House |
| 2024-01-29 | Senate | House sponsor: Representative Torr |
| 2024-01-29 | Senate | Third reading: passed; Roll Call 41: yeas 49, nays 0 |
| 2024-01-18 | Senate | Senator Carrasco added as third author |
| 2024-01-16 | Senate | Second reading: ordered engrossed |
| 2024-01-11 | Senate | Committee report: amend do pass, adopted |
| 2024-01-09 | Senate | Senator Koch added as second author |
| 2024-01-08 | Senate | First reading: referred to Committee on Judiciary |
| 2024-01-08 | Senate | Authored by Senator Brown L |
