Bill Summary for S 432 (2011-2012)
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TO AMEND THE JURISDICTIONAL AND PROCEDURAL PROVISIONS OF THE PROBATE CODE AND RELATED STATUTES TO PROVIDE UNIFORMITY IN ESTATE MATTERS, TO DEFINE THE JURISDICTION OF THE CLERK OF SUPERIOR COURT CONSISTENT WITH THE PROVISIONS OF THE UNIFORM TRUST CODE, TO RECODIFY CERTAIN PROVISIONS RELATING TO THE PROBATE OF WILLS, AND TO UPDATE AND AMEND THE PROCEDURE FOR CLAIMING SPOUSAL AND CHILDREN’S ALLOWANCES.Intro. by Hartsell.
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Senate committee substitute makes the following changes to 1st edition.
Amends proposed GS 28A-2-6(h), which concerns transfers of estate proceedings, to clarify that a notice to transfer certain estate proceedings, in the case of the clerk of superior court, must be served before or at the first duly noticed hearing and before the presentation of evidence, including a hearing at which an order of continuance is entered (previously, must be served 30 days from the date upon which the parties filed all responsive pleadings or the time for responding expired). Amends proposed GS 28A-19-5(b), which concerns contingent or unliquidated claims rejected by personal representatives, clarifying that a claimant may, within the prescribed three-month period, file a petition for an order of the clerk of superior court, provided that nothing in the statute requires the clerk to hear and determine the validity of, priority of, or amount of a contingent or unliquidated claim that has yet become absolute. Deletes amendment to GS 32A-20(b) and instead amends GS 32A-20(a), providing that, for purposes of exercising authority under GS 32A-19(b), a health care power of attorney is effective following the principal’s death without regard to the principal’s understanding or capacity when the principal was living. Further states that the statute does not prevent a principal from revoking a health care power of attorney. Deletes proposed GS 31A-16, which provided that any controversies arising under GS Chapter 31A (Acts barring property rights) are determined as estate proceedings under GS 28A-2-4. Makes other technical and clarifying changes.