Bill Text: DE HB390 | 2011-2012 | 146th General Assembly | Draft

Delaware House Bill 390 (Prior Session Legislation)

Draft

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-06-12 - Introduced in House and assigned to Health & Human Development Committee [HB390 Detail]

Download: Delaware-2011-HB390-Draft.html

SPONSOR:	Rep. Barbieri & Sen. Henry

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 390

AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO ESTATES AND FIDUCIARY RELATIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1:Amend §2102(a), Title 12 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:

§2102. Limitations on claims against estate.

(a) All claims against a decedent's estate which arose before the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, except debts of which notice is presumed pursuant to §2103 of this title, if not barred earlier by other statute of limitations, are barred against the estate, the personal representative and the heirs and devisees of the decedent unless presented as provided in§2104 of this title within 8 months of the decedent's death ~~whether or not the notice referred to in §2101 of this title has been given.~~ or within 8 months after the granting of letters pursuant to §2101 of this title.

SYNOPSIS

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.