Wills and Decedents' Estates

P Passed

P HB1195

Probate of estates. Requires that the notice of probate include a notice that the recipient is entitled to have the personal representative supply him with copies of inventories, accounts and reports if the person makes a written request. If the person makes a written request the commissioner of accounts must send him a copy of the commissioner's report and a statement that the report will stand unless contested by a certain date. The bill applies to deaths occurring on or after July 1, 2002.
Patron - Diamonstein

P HB1729

Nonprobate transfers on death. Specifies that a provision for a nonprobate transfer on death in an insurance policy, contract of employment, bond, mortgage, promissory note, certificated or uncertificated security, account agreement, custodial agreement, deposit agreement, compensation plan, pension plan, individual retirement plan, employee benefit plan, trust, conveyance, deed of gift, marital property agreement, or other written instrument of a similar nature is nontestamentary. The bill clarifies recent court decisions on the subject. The bill is a modified version of Section 6-101 of the Uniform Probate Code.
Patron - Howell

P HB2067

Notice of probate. Provides that if no notice is required to be given, the personal representative must file with the clerk of court an affidavit stating this fact. This requirement is an addition to the requirement under current law that an affidavit with the names and addresses of the persons to whom notice was given be filed. This bill is a recommendation of the Judicial Council of Virginia, acting on the recommendation of its Standing Committee on Commissioners of Account.
Patron - Howell

P HB2127

Payments to estates; beneficiaries. Raises from $10,000 to $15,000 the threshold amount in the following statutes: payment of certain small sums due persons upon whose estates there has been no qualification, payment where decedent owned securities issued by corporation, payment of small sums due trust or estate beneficiaries where no qualification on estate, payment to consort or court of small sum of deceased inmate of state mental institution, payment of small sum due deceased patient of municipally operated health care facility, money and personal property belonging to nonresident decedents, collection of personal property by affidavit. The threshold amount for exempt property and the homestead allowance is raised from $10,000 to $15,000. The family allowance is raised from $12,000 to $18,000.
Patron - McClure

P HB2128

Incorporation by reference; letter of instruction or memorandum into a will, power of attorney or trust instrument. Allows the following to be incorporated by reference: (i) a letter or memorandum to the fiduciary or agent as to the interpretation of discretionary powers of distribution to beneficiaries where the will, power of attorney or trust instrument provides the fiduciary or agent the power to make distributions in the discretion of the fiduciary or agent; and (ii) a letter or memorandum stating the views or directions of the maker of the will, power of attorney or trust instrument as to the exercise of discretion by the fiduciary or agent in making health care decisions for the maker.
Patron - McClure

P HB2200

Suits upon judgment and contracts of decedent. Clarifies that a personal representative may sue or be sued upon any judgment for or against or any contract of or with his decedent, including, but not limited to, suits for personal injury or wrongful death.
Patron - Almand

P HB2373

Secretary of the Commonwealth. Changes a reference in the Code of Virginia from "Secretary of State" to "Secretary of the Commonwealth" inasmuch as Virginia has no Secretary of State.
Patron - Joannou

P HB2374

Lawsuits against deceased defendants. Provides that in an action for personal injury or death by wrongful act arising within the Commonwealth against the estate of any person who has died and for whose estate an executor has not been appointed, an administrator of such person may be appointed by the clerk of the court solely for the purpose of prosecution of the suit. This procedure is currently available only in the case of the estate of a defendant who was a nonresident of the Commonwealth.
Patron - Joannou


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