SB2814112th GA (Historical)Introduced

Amends TCA Title 30; Title 31 and Title 32.

ON MARCH 31, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1962, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize a person to file a petition to establish the heirs of an intestate decedent for the limited purpose of establishing title to real property or personal property and without the necessity of issuing letters of administration or otherwise proceeding with administration of the decedent's estate. A petition filed pursuant to this amendment must be filed under oath and a copy must be personally delivered or mailed to every heir at law of the decedent identified in the petition not less than 30 days prior to entry of an order based on the petition. If the name or address of an heir at law is not known, then notice must be given by publication. A person who is or claims to be an heir at law of the decedent may object in writing to the grant of a petition filed pursuant to this amendment. A person who is or claims to be a legatee, devisee, or distributee of a portion of the decedent's estate pursuant to a document admissible to probate as the decedent’s last will and testament may object in writing to the grant of a petition filed pursuant to amendment; provided, however, that the person shall, contemporaneously with the person's objection, tender to the court the original document or a copy of the original document entitled to probate as a copy of a lost will. If objection is made to a petition filed pursuant to this amendment, then the court will be required to conduct a hearing and may grant relief as appropriate under the circumstances.

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Overview

ON MARCH 31, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1962, AS AMENDED. AMENDMENT #1 rewrites this bill to authorize a person to file a petition to establish the heirs of an intestate decedent for the limited purpose of establishing title to real property or personal property and without the necessity of issuing letters of administration or otherwise proceeding with administration of the decedent's estate. A petition filed pursuant to this amendment must be filed under oath and a copy must be personally delivered or mailed to every heir at law of the decedent identified in the petition not less than 30 days prior to entry of an order based on the petition. If the name or address of an heir at law is not known, then notice must be given by publication. A person who is or claims to be an heir at law of the decedent may object in writing to the grant of a petition filed pursuant to this amendment. A person who is or claims to be a legatee, devisee, or distributee of a portion of the decedent's estate pursuant to a document admissible to probate as the decedent’s last will and testament may object in writing to the grant of a petition filed pursuant to amendment; provided, however, that the person shall, contemporaneously with the person's objection, tender to the court the original document or a copy of the original document entitled to probate as a copy of a lost will. If objection is made to a petition filed pursuant to this amendment, then the court will be required to conduct a hearing and may grant relief as appropriate under the circumstances.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 3, 2022

Subjects
164538002395

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SB2814: Amends TCA Title 30; Title 31 and Title 32. | LegisGo