Various probate and trust matters.
Summary
In one instance in the law on health care advance directives, changes the word "testator" to "declarant". Amends several provisions relating to the filing of notices to make those provisions consistent with Rules of Trial Procedure 86 and 87 concerning electronic filing. Resolves inconsistencies in two sections of the chapter on dispensing with administration so that those sections authorize a fiduciary to distribute and disburse the estate assets before filing a closing statement. Authorizes the appointment of a special administrator under certain circumstances and establishes a procedure for the appointment of a special administrator for the purpose of pursuing a claim for a decedent's wrongful death. In a section concerning the filing of an electronic will, replaces an incorrect reference with a reference to the Rules on Access to Court Records. Provides that a video or audio recording of a principal who executes a power of attorney may be admissible as evidence of matters relevant to the validity or enforceability of the power of attorney. Provides that any objection to a final account and petition for distribution of a decedent's estate must be filed at least 14 days before the hearing date. Eliminates references to a trustee "docketing" a trust and identifies permissible methods for the filing of a copy of a trust instrument with a court. Amends two definitions of "electronic power of attorney" to provide that an electronic power of attorney may be signed in the presence of witnesses instead of being notarized. Provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received by the culpable person. Includes a married individual who does not have any dependents and whose death was caused by a spouse within the definition of "adult person" for the purpose of a wrongful death action. Makes conforming changes. Makes technical corrections. (The introduced version of this bill was prepared by the probate code study commission.)
Bill status
signed
all 5 stages cleared
Introduction
Feb 2022
Committee Review
Feb 2022
House Passage
Jan 2022
Senate Passage
Feb 2022
Signed into Law
Mar 2022
Introduced Feb 21, 2022
Signed Mar 18, 2022
Floor votes · Senate Feb 15, 2022
How they voted
44–0
Passed · 3 other
Total votes 47
Feb 15, 2022
D
Democratic11
72% Yea
R
Republican36
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
20
Key actions
5
Committee
3
Amendments
3
Mar 18, 2022
Signed into law
Signed by the Governor
executive
Feb 22, 2022
Amended
House concurred in Senate amendments; Roll Call 247: yeas 92, nays 0
lower
Feb 21, 2022
Introduced
Motion to concur filed
lower
Feb 16, 2022
Amended
Returned to the House with amendments
upper
Feb 15, 2022
Upper · Passed
Third reading: passed; Roll Call 202: yeas 47, nays 0
upper
Feb 14, 2022
Amended
Amendment #1 (Freeman) prevailed; voice vote
upper
Feb 10, 2022
Upper · Passed
Committee report: amend do pass, adopted
upper
Jan 21, 2022
Committee
Referred to the Senate
lower
Jan 20, 2022
Lower · Passed
Third reading: passed; Roll Call 51: yeas 86, nays 0
lower
Jan 13, 2022
Lower · Passed
Committee report: do pass, adopted
lower
3 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Aaron Freeman
RRepublican
P
Eric Koch
RRepublican
P
JY
John Young
RRepublican
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