CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

Wills and Decedents' Estates

Passed

P HB73

Incorporation by reference; letter of instruction or memorandum into a will, power of attorney or trust instrument. Clarifies language of a provision of the Code enacted during the 2001 Session to assure that incorporation into irrevocable trust or later documents does not cause adverse income, estate or gift tax results.
Patron - Howell

P HB315

Appointment of administrator of estate. Clarifies the rules and order for appointment of an administrator of an intestate estate. Existing law leaves it unclear how the court is to select among multiple distributees applying for letters of administration over a decedent's estate. The bill confirms priority for the surviving spouse, if a sole distributee, and establishes that the first suitable distributee to seek to qualify after 30 days after the decedent's death should be qualified by the clerk.
Patron - Howell

P HB489

Presumption of death exception. Provides an exception to the Commonwealth's presumption of death law for any person, (i) who has been documented to have been in that portion of the Pentagon damaged by the terrorist attack of September 11, 2001, or on American Airlines Flight 77 on September 11, 2001, when it was flown into the Pentagon; (ii) who has disappeared as a result of this terrorist attack and has not been heard from in three or more months since such terrorist attack; and (iii) whose body has not been found or whose remains have not been identified through scientific testing. Such a person shall be presumed dead in any instance or cause in which his death shall be a question. The present law relating to the disappearance of and wills and estates of such persons will apply. A petition may be filed in the Circuit Court of Arlington County to have such person declared deceased. An emergency clause is included. This bill is identical to SB 575.
Patron - Hamilton

P HB722

Wills, trusts and estates; notice of probate. Requires notice of probate to be given within four months of qualification and allows the Commissioner of Accounts to enforce compliance.
Patron - Howell

P SB152

Wills, trusts and estates; small estates. Redefines small estates from those valued at $10,000 or less to those valued at $15,000 or less in some sections of the Code. This bill is identical to HB 720.
Patron - Norment

P SB575

Presumption of death exception. Provides an exception to the Commonwealth's presumption of death law for any person (i) who has been documented to have been in that portion of the Pentagon damaged by the terrorist attack of September 11, 2001, or on American Airlines Flight 77 on September 11, 2001, when it was flown into the Pentagon; (ii) who has disappeared as a result of this terrorist attack and has not been heard from in three or more months since such terrorist attack; and (iii) whose body has not been found or whose remains have not been identified through scientific testing. Such a person shall be presumed dead in any instance or cause in which his death shall be a question. The present law relating to the disappearance of and wills and estates of such persons will apply. A petition may be filed in the Circuit Court of Arlington County to have such person declared deceased. An emergency clause is included, making this provision effective upon passage.
Patron - Barry

Failed

F HB1341

F SB469

Wills and estates; presumption of death. Creates a presumption of death for any person who was in any building or any aircraft that was damaged or destroyed by the terrorist attack that occurred on September 11, 2001, when American Airlines Flight 77 was flown into the Pentagon and whose body has not been found or identified within three months of such attack and who has not been heard from within three months of the attack. This is emergency legislation. This bill is incorporated into SB 575.
Patron - Quayle

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

2002 SUMMARY HOME | DLS | GENERAL ASSEMBLY