West Virginia 2023 Regular Session

West Virginia House Bill HB3239

Introduced
2/2/23  

Caption

Directing payment of the estate administration fee to the State Auditor

Impact

The bill impacts the administration of estate fees at the county level, allowing county commissions more control over what fees are established to cover the costs associated with estate management. By centralizing the fee collection to the State Auditor, it is anticipated that there will be improved accountability and transparency in how these fees are utilized. The bill also delineates the responsibilities of fiduciary supervisors concerning the administration of decedent estates, including a framework for additional services that may require extra fees, which reflects the complexity of estate management in West Virginia.

Summary

House Bill 3239 aims to amend the existing estate administration law in West Virginia, specifically directing that the fees associated with estate administration be paid to the State Auditor rather than the Tax Commissioner. This shift is designed to streamline the process and ensure that the fees collected are used to support the costs of tax administration and enforcement in accordance with state regulations. The alterations to the existing law outline specific fees based on the gross assets of the estate, demonstrating a structured approach to funding the state's administrative capabilities.

Sentiment

The sentiment surrounding HB 3239 appears to be generally favorable among legislative members who support fiscal streamlining and more efficient governance. Advocates for the bill (likely including the Department of Tax and Revenue) highlight the potential for reduced bureaucratic inefficiencies. However, potential contention exists regarding the ramifications on local governance, specifically how the implementation of this bill may affect the autonomy of county commissions in setting fees beyond the established structure.

Contention

Notable points of contention include concerns over whether the bill may lead to increased fees for estate administration, which some community members might find burdensome. Additionally, while the bill centralizes fee collection, there could be fears about the adequacy of the services rendered if fees do not cover the administrative costs fully. The transition to having the State Auditor manage these fees also raises questions about potential changes in oversight and financial accountability from a local to a state level.

Companion Bills

WV SB443

Similar To Directing payment of estate administration fee to State Auditor

Previously Filed As

WV SB443

Directing payment of estate administration fee to State Auditor

WV HB187

Estates and Trusts – Administration of Estates – Fees

WV HB55

Revise fees for the administration of a probate estate

WV SB223

Relating to procedure to settle decedents' estates

WV SB142

Modifying procedures to settle estates of decedents

WV HB2867

Relating to Small Estates

WV HB4278

Relating to repayment of legal services when payment is made by the state for public defender services

WV H549

Clarify Powers of State Auditor

WV SB683

Relating to land sales by Auditor

WV HB2404

Relating to repayment of legal services when payment is made by the state for public defender services

Similar Bills

WV SB223

Relating to procedure to settle decedents' estates

WV SB142

Modifying procedures to settle estates of decedents

WV SB443

Directing payment of estate administration fee to State Auditor

WV HB2867

Relating to Small Estates

WV HB4329

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

LA SB333

Provides relative to supervisory control of state banks. (8/1/18)

WV HB2195

Regarding continuing education requirements and compensation of Guardians Ad Litem

WV HB5581

Regarding continuing education requirements and compensation of Guardians Ad Litem