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AR HB1449

Bill

Status

Passed

3/23/2021

Primary Sponsor

Spencer Hawks

Click for details

Origin

House of Representatives

93rd General Assembly (2021 Regular)

AI Summary

  • Establishes "Carmack's Law" allowing a distributee of a small estate to collect and distribute assets without appointing a personal representative when conditions are met

  • Permits opening of checking or savings accounts in the decedent's estate name without filing a petition for probate or obtaining a court order

  • Requires the estate value to not exceed $100,000 (excluding homestead and statutory allowances) and 45 days to elapse since the decedent's death

  • Mandates filing an affidavit with the probate clerk containing itemized property descriptions, valuations, and names/addresses of relevant parties and beneficiaries

  • Requires providing a certified copy of the affidavit to any person owing money, holding property, or acting as a registrar or transfer agent

Legislative Description

To Create "carmack's Law"; And Concerning The Ability Of A Distributee Of A Small Estate To Make Bank Deposits On Behalf Of A Deceased Person's Estate.

Last Action

Notification that HB1449 is now Act 423

3/23/2021

Committee Referrals

Judiciary3/8/2021
Judiciary2/8/2021

Full Bill Text

No bill text available