Amends TCA Title 30.

ON APRIL 11, 2024, THE HOUSE SUBSTITUTED SENATE BILL 811 FOR HOUSE BILL 1258, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 811, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites the bill to, instead, make the changes described below to the law relevant to the administration of estates.<br /> <br /> NOTIFICATION BY PERSONAL REPRESENTATIVE<br /> <br /> Present law requires the personal representative, within 60 days after entering on the administration of a testate or intestate estate, to notify the following:<br /> <br /> (1) 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<br /> <br /> (2) Each residuary distributee of an intestate deceased person by sending that person a copy of the letters of administration.<br /> <br /> This amendment adds to the present law by also requiring the personal representative to notify each residuary distributee of a testate decedent whose will has been admitted to probate and each residuary distributee of an intestate decedent of the right to file an exception to a creditor's claim. If a residuary distributee desires to except to a creditor's claim, then the residuary distributee is responsible for determining the identity of each claiming creditor and the nature of each filed claim. The residuary distributee must timely file its exception and prosecute the exception. If a residuary distributee files an exception, then the residuary distributee must file a copy of the exception with the personal representative.<br /> <br /> Present law provides that within the sixty-day period, the personal representative must also execute and file with the clerk of the court an affidavit that the required copies have been mailed or delivered to the beneficiaries or distributees, and an explanation of efforts to identify and locate beneficiaries or distributees, if any, to whom copies have not yet been sent. This amendment revises that present law by, instead, providing that within the sixty-day period, the personal representative must also execute and file with the court clerk an affidavit that the required copies and notice have been mailed or delivered to the beneficiaries or distributees, and an explanation of efforts to identify and locate beneficiaries or distributees, if any, to whom copies have not yet been sent.<br /> <br /> Present law authorizes copies of a will, paragraphs of a will, or letters of administration sent to be sent by first class mail, electronic mail, or personal delivery. This amendment adds to the present law by also authorizing notices to be sent by first class mail, electronic mail, or personal delivery.<br /> <br /> NOTICE TO CREDITORS<br /> <br /> This amendment 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. If a claiming creditor files an exception to the claim of another claiming creditor, then each claiming creditor is responsible to know the identity of the other claiming creditor, to timely file an exception, and to prosecute the exception. If the claiming creditor files an exception with the court, then the excepting creditor must send a copy of its exception to the personal representative of the estate.<br /> <br /> EXCEPTIONS TO CLAIM<br /> <br /> Present law provides that until 30 days after the expiration of four months from the date of the notice to creditors given, 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 amendment revises the present law by, instead, providing that until 30 days after the expiration of four months from the date of notice to creditors given, the personal representative, the residuary distributee of a testate decedent whose will has been admitted to probate, the residuary distributee of an intestate decedent, or any other claiming creditor may except to the claim of a claiming creditor by filing written exceptions in triplicate with the clerk of the court in which the estate is being administered.<br /> <br /> 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 so long 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 amendment revises the present law by, instead, providing 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, the residuary distributee of a testate decedent whose will has been admitted to probate, the residuary distributee of an intestate decedent, or any other claiming creditor may except to the claim of a claiming creditor by filing written exceptions in triplicate with the court clerk in which the estate is being administered as long as 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.<br />