HB1665112th GA (Historical)Introduced

Amends TCA Title 30.

This bill authorizes a probate court or chancery court to appoint a public receiver and adds to the information to be included when applying for letters of administration or letters testamentary to administer an estate, as discussed below.<br /> <br /> Generally under present law, a county legislative body has the power to appoint or elect a public administrator, a public guardian and a public trustee. Present law establishes the powers and duties regarding such appointments. This bill adds to that authority the power to appoint a public receiver and makes such receivers subject to the present law provisions that govern the public administrator, public guardian, and public trustee. This bill provides that upon motion of the personal representative, an interested party, or upon the court's own motion, the probate court or chancery court may appoint the public receiver to determine the need for a temporary or permanent receiver. The public receiver must submit a report of its recommendations to the court, which report must be served to the personal representative and all known interested parties. The report will be subject to the same review as a report of a special master. Upon a hearing, the court may appoint a receiver with such powers as are necessary, consistent with those extended to receivers in absentees' estates.<br /> <br /> Under present law, to apply for letters of administration or letters testamentary to administer the estate of a decedent, a verified petition containing certain information and documents must be filed with the court. This bill adds to the information that must be filed, a statement identifying if the decedent was the owner of or had a controlling interest in any ongoing business or economic enterprise that is or may be part of the estate to be administered, and, if so, the names and addresses of all such ongoing business or economic enterprises.<br />

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Overview

This bill authorizes a probate court or chancery court to appoint a public receiver and adds to the information to be included when applying for letters of administration or letters testamentary to administer an estate, as discussed below.<br /> <br /> Generally under present law, a county legislative body has the power to appoint or elect a public administrator, a public guardian and a public trustee. Present law establishes the powers and duties regarding such appointments. This bill adds to that authority the power to appoint a public receiver and makes such receivers subject to the present law provisions that govern the public administrator, public guardian, and public trustee. This bill provides that upon motion of the personal representative, an interested party, or upon the court's own motion, the probate court or chancery court may appoint the public receiver to determine the need for a temporary or permanent receiver. The public receiver must submit a report of its recommendations to the court, which report must be served to the personal representative and all known interested parties. The report will be subject to the same review as a report of a special master. Upon a hearing, the court may appoint a receiver with such powers as are necessary, consistent with those extended to receivers in absentees' estates.<br /> <br /> Under present law, to apply for letters of administration or letters testamentary to administer the estate of a decedent, a verified petition containing certain information and documents must be filed with the court. This bill adds to the information that must be filed, a statement identifying if the decedent was the owner of or had a controlling interest in any ongoing business or economic enterprise that is or may be part of the estate to be administered, and, if so, the names and addresses of all such ongoing business or economic enterprises.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

January 10, 2022

Subjects
1645116011151105

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