Simplifying Small Estates
January 9, 2023 12:05 PM to All House Members
Circulated By
Representative Marci Mustello
R House District 11
Memo
I will be proposing legislation to make clear that only probate assets are to be considered for purposes of small estate petitions. Although this appears to be a modest and technical bill, the effect of this legislation would be real and impactful by simplifying and making less expensive the process for small estates.
This issue was explained to me by a constituent where a woman had passed away with a mere $4,500 in probate assets. Because of an apparent ambiguity in the law, the judge felt obligated to include the value of other non-probate assets, such as an IRA that did not need to go through probate to be distributed to her surviving children, when deciding if the $4,500 could be distributed via the simpler process for small estates. Unfortunately, opening a regular estate rather than a small estate matter incurred additional and unnecessary cost, time and effort to the constituent.
I introduced this bill last session as HB 2016 and it passed the House unanimously. I ask that you join me in co-sponsoring the legislation in the new session.
This issue was explained to me by a constituent where a woman had passed away with a mere $4,500 in probate assets. Because of an apparent ambiguity in the law, the judge felt obligated to include the value of other non-probate assets, such as an IRA that did not need to go through probate to be distributed to her surviving children, when deciding if the $4,500 could be distributed via the simpler process for small estates. Unfortunately, opening a regular estate rather than a small estate matter incurred additional and unnecessary cost, time and effort to the constituent.
I introduced this bill last session as HB 2016 and it passed the House unanimously. I ask that you join me in co-sponsoring the legislation in the new session.
Legislation
Document - Introduced as HB 40
Last updated on March 1, 2023 04:03 PM
Simplifying Small Estates
January 9, 2023 12:05 PM to All House Members
Circulated By
MUSTELLO
Memo
I will be proposing legislation to make clear that only probate assets are to be considered for purposes of small estate petitions. Although this appears to be a modest and technical bill, the effect of this legislation would be real and impactful by simplifying and making less expensive the process for small estates.
This issue was explained to me by a constituent where a woman had passed away with a mere $4,500 in probate assets. Because of an apparent ambiguity in the law, the judge felt obligated to include the value of other non-probate assets, such as an IRA that did not need to go through probate to be distributed to her surviving children, when deciding if the $4,500 could be distributed via the simpler process for small estates. Unfortunately, opening a regular estate rather than a small estate matter incurred additional and unnecessary cost, time and effort to the constituent.
I introduced this bill last session as HB 2016 and it passed the House unanimously. I ask that you join me in co-sponsoring the legislation in the new session.
This issue was explained to me by a constituent where a woman had passed away with a mere $4,500 in probate assets. Because of an apparent ambiguity in the law, the judge felt obligated to include the value of other non-probate assets, such as an IRA that did not need to go through probate to be distributed to her surviving children, when deciding if the $4,500 could be distributed via the simpler process for small estates. Unfortunately, opening a regular estate rather than a small estate matter incurred additional and unnecessary cost, time and effort to the constituent.
I introduced this bill last session as HB 2016 and it passed the House unanimously. I ask that you join me in co-sponsoring the legislation in the new session.
Document
Introduced as HB 40
Last Updated
March 1, 2023 04:03 PM
Generated 04/25/2025 09:04 AM