HB5676 HFAT Fast 2-28

Morgan 3345

Delegate Fast moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

H. B. 5676 -- “A BILL to amend and reenact §44-2-1 of the Code of West Virginia, 1931, as amended, relating to providing guidance for estates not classified as a small estate for proof and determination of debts and claims, establishment of priority, determination of the amount of respective shares of legatees and distributes, and other matters; relating to claims of an unpaid creditors for estates not classified as a small estate and the process to determine the validity of a claim and when a fiduciary commissioner is required to take up the matter of the validity of the claim and when no referral to a fiduciary commissioner may be made; and relating to estates with a value of $200,000 or less, exclusive of real estate and nonprobate assets, or if it appears to the clerk that there is only one beneficiary and providing that these estates shall not be referred to a fiduciary commissioner after delivery of an appraisement of the assets by the personal representative; relating to claims of an unpaid creditors for estates and the process to determine the validity of a claim and when a fiduciary commissioner is required to take up the matter of the validity of the claim and when no referral to a fiduciary commissioner may be made for estates with a value of $200,000 or less, exclusive of real estate and nonprobate assets, or if it appears to the clerk that there is only one beneficiary; relating to changing the fee that a fiduciary commissioner may charge an estate for services related to settlement of the estate to $500, with outlined exceptions; and relating to counties where there are two or more fiduciary commissioners, then referral to these commissioners shall be in rotation, for equal division of work; and providing that for any estate referred to a fiduciary commissioner any fees and costs provided under this section shall be assessed as costs against any requestor or objector who does not substantially prevail on its claim proportionately according to the number of claimants not substantially prevailing.”;

Adopted

Rejected