Various probate and trust matters.
Summary
Provides that a person may sign a form of living will declaration or a form of life prolonging procedures will declaration in the presence of a notary public. Removes nonconforming language in a petition for administration statute. Clarifies the service requirements for certain probate notices. Provides that a testator or a testator's agent may send written notice of the existence of a will to certain persons. Provides that if a testator's will includes a provision exercising a power of appointment, the testator or the testator's agent may notify certain persons of the existence of the will. Provides that a written notice of the existence of a will contains certain information. Provides for a procedure to contest certain wills. Provides that if a notice to contest the validity of a trust pertains to a trust created by a settlor who is still living, a complete copy of the trust instrument must be sent with the notice to each recipient. Sets forth certain complaint and notice requirements if a trust is being contested. Allows a court to increase, decrease, or waive the bond amount that: (1) a nonresident personal representative; or (2) a personal representative who becomes a nonresident; is to file in order to administer an unsupervised estate. Sets forth the requirements for: (1) a verified petition for a confidential health disclosure order; and (2) the court procedures after the verified petition is filed. Provides that if a settlor revokes a revocable trust and the trustee does not deliver the trust property, the remaining trust property becomes part of the revoking settlor's probate estate. Provides that certain grantors are entitled to reimbursement from a trust for certain taxes. Provides that an individual may execute certain authority for an application for public benefits on behalf of the individual. Sets forth requirements for the enforcement of a portability agreement contained within a premarital agreement or postmarital agreement. Makes conforming and clarifying changes. (The introduced version of this bill was prepared by the probate code study commission.)
Bill status
signed
all 5 stages cleared
Introduction
Jan 2023
Committee Review
Mar 2023
Senate Passage
Apr 2023
House Passage
Apr 2023
Signed into Law
Apr 2023
Introduced Jan 11, 2023
Signed Apr 20, 2023
Floor votes · House Mar 27, 2023
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
21
Key actions
9
Committee
5
Apr 20, 2023
Signed into law
Signed by the Governor
executive
Apr 18, 2023
Upper · Passed
Signed by the President of the Senate
upper
Apr 11, 2023
Lower · Passed
Signed by the Speaker
lower
Mar 30, 2023
Upper · Passed
Signed by the President Pro Tempore
upper
Mar 27, 2023
Lower · Passed
Third reading: passed; Roll Call 304: yeas 96, nays 0
lower
Mar 16, 2023
Lower · Passed
Committee report: do pass, adopted
lower
Jan 31, 2023
Upper · Passed
Third reading: passed; Roll Call 53: yeas 49, nays 0
upper
Jan 26, 2023
Upper · Passed
Committee report: without recommendation, adopted
upper
Jan 26, 2023
Committee
Pursuant to Senate Rule 68(b); reassigned to Committee on Rules and Legislative Procedure
upper
Jan 19, 2023
Committee
Pursuant to Senate Rule 68(b); reassigned to Committee on Appropriations
upper
Jan 19, 2023
Upper · Passed
Committee report: amend do pass, adopted
upper
3 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Aaron Freeman
RRepublican
P
Eric Koch
RRepublican
P
Jerry Torr
RRepublican
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