FINAL BILL REPORT

SB 6394

                              C 225 L 90

BYSenators Nelson, Talmadge and Newhouse

Modifying provisions regarding escheat property and small estates.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

In 1988, the Legislature delegated supervision and jurisdiction over escheat property to the Department of Revenue.  Escheat property includes unclaimed estates, such as the estates of deceased inmates of state institutions.

Technical legislation will help the department to facilitate the administration of the escheat laws.

SUMMARY:

The Department of Revenue must be notified of probate proceedings in which it is to be named as administrator of an estate.  Within 40 days of such notice, the department director or designee must file an application for appointment as administrator or waive the right to administer the estate.

The department is authorized to use the affidavit of successor procedures in the probate code for estates under $30,000.  Such procedures provide for the payment of debts owed to a decedent and transfer of his or her personal property to the successor upon proof of death and an affidavit stating that the successor is entitled to such payment or transfer.

The department is required to file a copy of the affidavit with the clerk of courts for review by the general public. 

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 97  0

EFFECTIVE:June 7, 1990