Bill Summary for H 181 (2023-2024)

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Summary date: 

May 3 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 181 (Public) Filed Wednesday, February 22, 2023
AN ACT MAKING VARIOUS CHANGES TO THE UNCLAIMED PROPERTY DIVISION STATUTES AND WAIVING FEES FOR ESTATE ADMINISTRATION LIMITED TO CERTAIN PROPERTIES HELD IN THE ESCHEAT FUND, AS RECOMMENDED BY THE DEPARTMENT OF STATE TREASURER.
Intro. by Hardister, Rudow, Carson Smith.

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Bill summary

House amendment to the 1st edition makes the following changes. Amends GS 7A-307(b) (pertaining to fees in collections of personal property by affidavit) to specify that in such actions the fee that must be paid at the time of filing is not the facilities fee and $30 of the General Court of Justice fee, but is now the $10 fee for use of the courtroom and related judicial facilities, the $4 fee for the Court Information Technology Fund, and $106 of the General Court of Justice fee; requires the remainder of the General Court of Justice fee to be paid at the filing of the closing affidavit. Provides for determination of a fee waiver upon written request of the affiant, if (1) the amount to be collected is $5,000 or less and (2) the sole source of the assets of the estate is held in the Escheat Fund pursuant to Article 1A of GS Chapter 116B. Bars any refund of any fees paid by an affiant prior to the submission of a written request for a waiver of fees. Provides for imposing fees if, after receiving a waiver of fees, the affiant collects additional assets that disqualify the affiant from receiving the waiver. Effective January 1, 2024, and applies to affidavits filed on or after that date.

Makes conforming changes to the act’s long title.