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AR HB1448

Bill

Status

Passed

3/21/2023

Primary Sponsor

Jimmie Gazaway

Click for details

Origin

House of Representatives

94th General Assembly (2023 Regular)

AI Summary

  • Allows waiver of home study and health/genetic history requirements in adoption cases when the petitioner has been the child's guardian for at least one (1) year, excluding time as temporary or emergency guardian.

  • Changes relationship requirement for adoption from "second degree" to "third degree of consanguinity" to allow more distant relatives to qualify for home study and history waivers.

  • Modifies bond requirements for personal representatives by allowing courts to "may require" rather than "shall take" bonds, and repeals statutory restrictions on who can serve as surety.

  • Allows court approval of single appraiser for real property sales instead of requiring three disinterested appraisers, and permits use of certified appraisers or licensed real estate professionals instead of only disinterested persons.

  • Increases small estate thresholds from $5,000 to $25,000 for dispensing with guardianship appointments and from $100 to $25,000 for public assistance cases, and allows courts to award attorney's fees in guardianship cases involving bad faith, actual malice, or contempt of court.

Legislative Description

To Modernize Probate Proceedings; And To Amend And Update The Law Concerning Adoptions, Guardianships, And The Administration Of Decedents' Estates; And To Amend The Probate Code.

Last Action

Notification that HB1448 is now Act 326

3/21/2023

Committee Referrals

Judiciary3/13/2023
Judiciary2/16/2023

Full Bill Text

No bill text available