West Virginia 2023 Regular Session

West Virginia Senate Bill SB142

Introduced
1/11/23  
Engrossed
1/11/23  
Refer
1/16/23  
Refer
1/16/23  
Enrolled
3/7/23  
Passed
3/23/23  

Caption

Modifying procedures to settle estates of decedents

Impact

The bill modifies specific sections of the West Virginia Code, particularly regarding the roles and responsibilities of fiduciary supervisors and commissioners in overseeing estate settlements. It introduces a simplified process for estates valued under $200,000 to expedite settlement and approval by county commissions without the necessity of navigating complex publication requirements. This could potentially reduce delays in estate settlements, allowing beneficiaries quicker access to their inherited assets.

Summary

Senate Bill 142 aims to modify procedures related to the settlement of estates for decedents in West Virginia. The bill abolishes the requirement for a short form settlement to be published, thereby streamlining the estate settlement process. It also provides a mechanism for a short form filing procedure, updating the classifications of legal advertisements required for fiduciary commissioners' lists. These changes are intended to simplify existing legal processes and make it easier for estates to be navigated through the court system, potentially benefiting families by reducing time and costs associated with estate settlements.

Sentiment

The sentiment around SB142 appears to be largely positive among committee members and supporters who believe that these reforms will modernize estate settlement processes in the state. Advocates argue that the amendments will ease the burden on families during difficult times by reducing bureaucratic hurdles. However, some concerns may be raised about ensuring that adequate protections are in place to prevent issues such as creditor claims being overlooked in expedited processes.

Contention

There may be points of contention regarding how these changes could affect the oversight of fiduciary responsibilities. Critics might be concerned that by streamlining the process, there is a greater risk of neglecting the careful examination of claims and beneficiary rights. Ensuring the proper administration of estates and the safeguarding of interests of all beneficiaries, particularly those under disability, will be crucial as these procedural changes are implemented.

Companion Bills

No companion bills found.

Previously Filed As

WV SB223

Relating to procedure to settle decedents' estates

WV HB5676

Relating to changing the maximum amount a County Clerk can charge to settle an estate and removing reference to Fiduciary Commissioner

WV SB1198

Relating to decedents' estates.

WV HB2046

Relating to decedents' estates.

WV HB2912

Relating to decedents' estates.

WV HB2899

Relating to decedents' estates.

WV SB911

Relating to decedents' estates.

WV SB995

Relating to decedents' estates.

WV HB2418

Relating to decedents' estates.

WV HB2502

Relating to the adoption of a nonsubstantive revision of provisions of the Texas Probate Code relating to decedents' estates and the redesignation of certain other provisions of the Texas Probate Code, including conforming amendments and repeals.

Similar Bills

WV SB223

Relating to procedure to settle decedents' estates

WV SB443

Directing payment of estate administration fee to State Auditor

WV HB3239

Directing payment of the estate administration fee to the State Auditor

CT SB00984

An Act Concerning Probate Court Operations.

SD SB95

Amend provisions regarding trusts.

WV HB5676

Relating to changing the maximum amount a County Clerk can charge to settle an estate and removing reference to Fiduciary Commissioner

DC B25-0224

Uniform Trust Decanting Act of 2023

WV HB4329

To clarify the definition of an “interested person” for purposes of the West Virginia Small Estate Act