SENATE BILL REPORT

SB 6394

BYSenators Nelson, Talmadge and Newhouse

Modifying provisions regarding escheat property and small estates.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 16, 1990

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Vicki E. Schur (786-7415)

                  February 8, 1990

AS PASSED SENATE, FEBRUARY 7, 1990

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 avail the department of procedures 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 decedent's personal property to the decedent's 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. 

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Michael Carrico, Washington State Bar Association Estate and Gift Tax Committee