Fiduciaries; good faith reliance on certificate of qualification of a personal representative.
Summary
Fiduciaries; good faith reliance on certificate of qualification. Provides that any individual or entity conducting business in good faith with a personal representative who presents a currently effective certificate of qualification may presume that the personal representative is properly authorized to act as to any matter or transaction. The bill further provides that if such individual or entity refuses to accept a certificate of qualification for a personal representative or a guardian or conservator who has been appointed for an incapacitated person, such individual or entity is subject to (i) a court order mandating acceptance of the certificate of qualification and (ii) liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the certificate of qualification or mandates acceptance of the certificate of qualification. The bill further provides that any individual or entity shall either accept or reject a certificate of qualification of such personal representative or such guardian or conservator no later than seven business days after presentation of such certificate. The bill specifies certain circumstances under which an individual or entity is not required to accept such a certificate for a transaction.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
House of Delegates Passage
Feb 2020
Senate Passage
Feb 2020
Signed into Law
Apr 2020
Introduced Jan 8, 2020
Signed Apr 6, 2020
Floor votes
How they voted
This bill passed the Senate. No roll call record of that vote is available.
Full legislative history
Actions timeline
Total actions
30
Key actions
10
Committee
8
Amendments
4
Apr 6, 2020
Signed into law
Approved by Governor-Chapter 702 (effective 7/1/20)
executive
Feb 28, 2020
Introduced
Senate amendments agreed to by House (97-Y 0-N)
lower
Feb 26, 2020
Upper · Passed
Passed Senate with amendments (40-Y 0-N)
upper
Feb 26, 2020
Introduced
Engrossed by Senate as amended
upper
Feb 26, 2020
Upper · Passed
Amendments by Senator Obenshain agreed to
upper
Feb 26, 2020
Introduced
Reading of amendments waived
upper
Feb 24, 2020
Upper · Passed
Reported from Judiciary (14-Y 0-N 1-A)
upper
Feb 7, 2020
Committee
Referred to Committee on the Judiciary
upper
Feb 6, 2020
Lower · Passed
Read third time and passed House BLOCK VOTE (99-Y 0-N)
lower
Feb 5, 2020
Lower · Passed
Engrossed by House - committee substitute HB1411H1
lower
Feb 5, 2020
Lower · Passed
Committee substitute agreed to 20105977D-H1
lower
Jan 31, 2020
Lower · Passed
Reported from Courts of Justice with substitute (19-Y 0-N)
lower
Jan 29, 2020
Lower · Passed
Subcommittee recommends reporting with substitute (8-Y 0-N)
lower
Jan 29, 2020
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Jan 8, 2020
Committee
Referred to Committee for Courts of Justice
lower
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20102474D
lower
1 primary · 1 co-sponsor
Sponsors
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