SB0287: Various probate and trust matters.

Legislative Summary

Various probate and trust matters. Provides that a person may sign a form of living will declaration or a form of life prolonging procedures will declaration in the presence of a notary public. Removes nonconforming language in a petition for administration statute. Clarifies the service requirements for certain probate notices. Provides that a testator or a testator's agent may send written notice of the existence of a will to certain persons. Provides that if a testator's will includes a provision exercising a power of appointment, the testator or the testator's agent may notify certain persons of the existence of the will. Provides that a written notice of the existence of a will contains certain information. Provides for a procedure to contest certain wills. Provides that if a notice to contest the validity of a trust pertains to a trust created by a settlor who is still living, a complete copy of the trust instrument must be sent with the notice to each recipient. Sets forth certain complaint and notice requirements if a trust is being contested. Allows a court to increase, decrease, or waive the bond amount that: (1) a nonresident personal representative; or (2) a personal representative who becomes a nonresident; is to file in order to administer an unsupervised estate. Sets forth the requirements for: (1) a verified petition for a confidential health disclosure order; and (2) the court procedures after the verified petition is filed. Provides that if a settlor revokes a revocable trust and the trustee does not deliver the trust property, the remaining trust property becomes part of the revoking settlor's probate estate. Provides that certain grantors are entitled to reimbursement from a trust for certain taxes. Provides that an individual may execute certain authority for an application for public benefits on behalf of the individual. Sets forth requirements for the enforcement of a portability agreement contained within a premarital agreement or postmarital agreement. Makes conforming and clarifying changes. (The introduced version of this bill was prepared by the probate code study commission.)