Present law requires the personal representative, within 60 days after entering on the administration of a testate or intestate estate, to make a complete and accurate inventory of the probate estate of the deceased, and return the inventory to the clerk of the court exercising probate jurisdiction in the county of the estate, and verify it by the personal representative's oath before the clerk or before any person authorized by law to administer oaths in such cases whether within or without the borders of the state. This bill provides that if the notified beneficiary desires to file an exception to the claim of a claiming creditor, then each beneficiary is responsible for knowing the identity of each claiming creditor, timely filing an exception to the creditor's claim, and prosecuting the exception. Additionally, if a beneficiary files an exception with the court, then the excepting beneficiary must send a copy of the exception to the personal representative of the estate and to the attorney for the personal representative. NOTICE Present law requires the personal representative, within 60 days after entering on the administration, to notify (i) each legatee or devisee under the will that that person or entity is a beneficiary by sending a complete copy of the will to those beneficiaries sharing in the residue of the estate, and by sending a copy of the paragraph or paragraphs of the will containing the bequests to those beneficiaries only receiving bequests and (ii) each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration. This bill requires the personal representative to also notify each testamentary distributee of the estate, if the decedent's will has been admitted to probate, or each intestate heir of the estate, if the decedent died intestate, of the person or entity's right to except to the claim of a claiming creditor as provided in present law by sending copies of the exception to the creditors claim and other written exceptions described in present law with the beneficiary's copy of the will or portion of the will or the letters of administration. Notice to Creditors Present law provides that it is the duty of the clerk of the court in which an estate is being administered, within 30 days after the issuance of letters testamentary or of administration, to give, in the name of the personal representative of the estate, public notice of the personal representative's qualification as such by two consecutive weekly notices published in some newspaper of the county in which letters testamentary or of administration are granted, or, if no newspaper is published in that county, by written notices posted in three public places in the county, one of which must be posted at the usual place for posting notices at the courthouse. Present law provides that the notice to creditors states that all persons, resident and nonresident, having claims, matured or unmatured, against the estate are required to file the same with the clerk of the above named court on or before the earlier of the dates prescribed in the notice, including 12 months from the decedent's date of death, otherwise their claims will be forever barred. This bill provides that if a creditor files a claim against the estate, then each claiming creditor has the right to file an exception to the claim of any other claiming creditor. CLAIMING CREDITORS This bill provides that if a claiming creditor desires to file an exception to the claim of another claiming creditor, then the claiming creditor is responsible for knowing the identity of each other claiming creditor, timely filing an exception to the other creditor's claim, and prosecuting the exception. Additionally, if a claiming creditor files an exception with the court, then the excepting creditor must send a copy of the exception to the personal representative of the estate and to the attorney for the personal representative. EXCEPTIONS TO CLAIM Present law provides that until 30 days after the expiration of four months from the date of the notice given to creditors, the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to the claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered. This bill revises this provision to, instead, provide that until 30 days after the expiration of four months from the date of the first publication or posting, as the case may be, of the notice given to creditors, the personal representative, each other creditor who has filed a claim against the estate, each testamentary distributee of the estate if the decedent's will has been admitted to probate, or each intestate heir of the estate if the decedent died intestate may except to a claim by filing a written exception in triplicate with the clerk of the court in which the estate is being administered. Present law provides that if the filing of the claim occurs after the date that is four months from the date of the notice to creditors, the personal representative, or any party interested in the estate either as creditor, distributee, heir or otherwise, may except to any claim by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered; provided, that the exception is filed no later than 30 days from the date the personal representative receives notice from the clerk of the filing of the claim. This bill revises this provision to, instead, provide that if the filing of the claim occurs after the date that is four months from the date of first publication or posting, as the case may be, of the notice to creditors, then the personal representative, each other creditor who has filed a claim against the estate, each testamentary distributee of the estate if the decedent's will has been admitted to probate, or each intestate heir of the estate if the decedent died intestate may except to the claim by filing a written exception in triplicate with the clerk of the court in which the estate is being administered; provided, that the exception is filed no later than 30 days from the date the personal representative receives notice from the clerk of the filing of the claim. PROOF OF WILL Present law requires written wills with witnesses, when not contested, to be proved by at least one of the subscribing witnesses, if living. This bill removes this requirement. This bill adds that the following is required to admit a nuncupative will, meaning a will that is verbally given by the testator and meets certain requirements, of a decedent to probate in common form: (i) a sworn petition containing the information required by law, (ii) production of the nuncupative will reduced to writing as required by law, and (iii) affidavits of the two witnesses to the declaration of the nuncupative will attesting that the terms of the nuncupative will were accurately reduced to writing by one of the witnesses as required by law. This bill requires the following to admit a holographic will, meaning a testamentary document that is either entirely written by the testator in the testator's own handwriting or a printed will form with blanks that are completed entirely in the testator's own handwriting, to probate in common form: (i) a sworn petition containing the information required by law, (ii) production of the document purporting to be the testator's holographic testamentary document, and (iii) the in-person testimony of two persons establishing that they are familiar with the testator's handwriting. The testimony of the two persons must be supported by sworn affidavits of the testifying witnesses setting forth their knowledge of the testator's handwriting. This bill requires the following to admit a written will other than a holographic will, meaning a will reduced to writing in other than the testator's own handwriting; a printed will form with blanks that are completed by someone other than the testator; or a testamentary document that is typewritten by the testator or someone other than the testator, to probate in common form: (i) a sworn petition containing the information required by law, (ii) production of the document(s) purporting to be the testator's testamentary document, and (iii) either the in-person testimony of two persons who saw the testator sign the testamentary document(s) or sworn affidavits of the two witnesses attesting to the testator's signature, to the facts of the signing of the document, and that the testator was 18 years of age or older and of sound mind and disposing memory at the time the document was signed. This bill requires the following to probate a nuncupative will or written will other than a holographic will in solemn form, which may be the initial presentation of the document for admission to probate or may follow a common form admission to probate: (i) a sworn petition containing the information required by present law, (ii) notice issued by the clerk of the probate court to all heirs at law and beneficiaries under any prior written will of the testator of the date that must be no less than 40 calendar days from the date the sworn petition for probate in solemn form is filed and time of the hearing before the appropriate court, (iii) production of the document purporting to be the testator's testamentary document, and (iv) the in-person testimony of each attesting witness, notary, or other person present when the testator signed the alleged testamentary document to the extent that such persons are available, locatable, and within the jurisdiction of the court.

Statutes affected:
Introduced: 30-2-301, 30-2-301(b)(1), 30-2-306(b), 30-2-306, 30-2-314, 32-2-104(a), 32-2-104