Delaware House Bill 390 (Prior Session Legislation)

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Spectrum: Partisan Bill (Democrat 2-0)
Status: Introduced on June 12 2012 - 25% progression, died in chamber
Action: 2012-06-12 - Introduced in House and assigned to Health & Human Development Committee
Text: Latest bill text (Draft #1) [HTML]

The amendment extends the time for presenting claims against an estate when letters of testamentary or administration are granted. The letters are the first official publication of notice of death issued by the Register of Wills. Where there is an outstanding debt owed to a state-run long-term care facility, DHSS is able to file a claim against the decedent’s estate. Under current law, claims which arose before the decedent’s death are barred unless filed within 8 months death. DHSS may not receive notice of death until letters are granted and published by the Register of Wills. Under current law, if the estate is opened more than 8 months after death, and even if letters are granted more than 8 months after death, the State is barred from filing a claim against the estate. The amendment extends the time for presenting claims against an estate to 8 months after letters testamentary or letters of administration are granted.

An Act To Amend Title 12 Of The Delaware Code Relating To Estates And Fiduciary Relations.

Rep. Michael Barbieri [D]

Sen. Margaret Henry [D]

Date	Chamber	Action
2012-06-12		Introduced in House and assigned to Health & Human Development Committee
2012-06-12		Assigned to Health & Human Development Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/ca5bb3709e33533585257a1b006e8fb5?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+390/$file/legis.html?open