H-1827 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 489
_______________________________________________
C 157 L 87
State of Washington 50th Legislature 1987 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Appelwick and P. King)
Read first time 2/18/87 and Passed to Committee on Rules.
AN ACT Relating to probate; amending RCW 11.62.010; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 4, chapter 117, Laws of 1974 ex. sess. as amended by section 11, chapter 234, Laws of 1977 ex. sess. and RCW 11.62.010 are each amended to read as follows:
(1) At any time after forty days from the date of a decedent's death, any person who is indebted to or who has possession of any personal property belonging to the decedent or to the decedent and his or her surviving spouse as a community, which debt or personal property is an asset which is subject to probate, shall pay such indebtedness or deliver such personal property, or so much of either as is claimed, to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by said person which meets the requirements of subsection (2) of this section.
(2) An affidavit which is to be made pursuant to this section shall state:
(a) The claiming successor's name and address, and that the claiming successor is a "successor" as defined in RCW 11.62.005;
(b) That the decedent was a resident of the state of Washington on the date of his death;
(c) That the value of the decedent's entire estate subject to probate, not including the surviving spouse's community property interest in any assets which are subject to probate in the decedent's estate, wherever located, less liens and encumbrances, does not exceed ten thousand dollars;
(d) That forty days have elapsed since the death of the decedent;
(e) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction;
(f) That all debts of the decedent including funeral and burial expenses have been paid or provided for;
(g) A description of the personal property and the portion thereof claimed, together with a statement that such personal property is subject to probate;
(h) That the claiming successor has given written notice, either by personal service or by mail, identifying his or her claim, and describing the property claimed, to all other successors of the decedent, and that at least ten days have elapsed since the service or mailing of such notice; and
(i) That
the claiming successor is either personally entitled to full payment or
delivery of the property claimed or is entitled to full payment or delivery
thereof on the behalf and with the written authority of all other successors
who have an interest therein((; and
(j) That
the claiming successor has mailed to the inheritance tax division of the state
department of revenue a notification of his or her claim in such form as the
department of revenue may prescribe, and that at least ten days have elapsed
since said mailing)).
(3) A transfer agent of any security shall change the registered ownership of the security claimed from the decedent to the person claiming to be the successor with respect to such security upon the presentation of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section. Any governmental agency required to issue certificates of ownership or of license registration to personal property shall issue a new certificate of ownership or of license registration to a person claiming to be a successor of the decedent upon receipt of proof of death and of an affidavit made by such person which meets the requirements of subsection (2) of this section.
(4) Upon receipt of notification from the inheritance tax division of the state department of revenue that an inheritance tax report is requested, the holder of any property subject to claim by a successor hereunder shall withhold payment, delivery, transfer or issuance of such property until provided with an inheritance tax release.
NEW SECTION. Sec. 2. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.