Amends TCA Title 30; Title 34; Title 35 and Title 40.

This bill allows persons convicted of certain criminal offenses and sentenced to terms of imprisonment in a penitentiary to serve in certain fiduciary roles, as described below.<br /> <br /> Present law disqualifies a person from serving as an executor, administrator or guardian, fiduciary, or conservator, if the person has been sentenced to a term of imprisonment in a penitentiary. This bill deletes this disqualification.<br /> <br /> Present law provides that a petition for the appointment of a conservator must contain certain information, including a statement of any felony or misdemeanor conviction of the proposed conservator. This bill alters the above by no longer requiring the petition to contain a statement of any misdemeanor convictions of the proposed conservator.<br /> <br /> Present law requires a verified petition that contains certain information and documents to be filed with the court in order to apply for letters of administration or letters testamentary to administer the estate of a decedent. The information and documents required must include, among other information, a statement of any felony or misdemeanor convictions, and a statement of any sentence of imprisonment in a penitentiary. This bill rewrites the above provisions to only require a statement of any felony conviction of the proposed personal representative to the decedent.<br /> <br /> Before delivering letters of administration or letters testamentary to the personal representative, present law requires the clerk to either administer to the representative an oath, or receive from the representative a notarized oath:<br /> <br /> (1) If an executor, to perform the will of the deceased;<br /> <br /> (2) If an administrator, to faithfully perform the duties of the administrator; and<br /> <br /> (3) As to both, that all statements in the petition about the representative are true and accurate and the representative is not disqualified from serving because of having been sentenced to imprisonment in a penitentiary.<br /> <br /> This bill rewrites (3) above to remove from the oath that statement regarding disqualification because of having been sentenced to imprisonment in a penitentiary.<br /> <br /> Under present law, if a decedent leaves a small estate and no petition for the appointment of a personal representative of the decedent has been filed within 45 days following the decedent's date of death, then the decedent's estate, one or more of the decedent's competent adult heirs or next of kin, or a creditor proving that the creditor's debt on oath before the court may file with the clerk of the court an affidavit, along with a copy of the death certificate. Present law requires the affidavit to disclose that the affiant evidences by signature that, subject to the penalty for perjury the affiant is not disqualified from serving because of having been sentenced to imprisonment in a penitentiary or otherwise. This bill would remove from the affidavit disclosure stating disqualification because of having been sentenced to imprisonment in a penitentiary.<br />