West Virginia 2024 Regular Session Status: Passed House Of Delegates

HB 5676 — Relating to changing the maximum amount a County Clerk can charge to settle an estate and removing reference to Fiduciary Commissioner

Last action — To Government Organization

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House of Delegates. Introduced February 13, 2024. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Prognosis

Advancing 46% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Passed House of Delegates

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1 added · 95 removed

Plain-language change summary

The amendment to Bill HB 5676 replaces the entire title and refines the bill's focus, expanding the guidance on managing estates that are not classified as small estates. It specifically outlines procedures for determining debts and claims, as well as establishing priorities among creditors, while also raising the maximum fee a fiduciary commissioner can charge from $300 to $500. This change is significant as it aims to streamline estate management and clarify the roles of fiduciary commissioners, making the process more efficient for families handling larger estates.

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Latest
WEST VIRGINIA LEGISLATURE REGULAR SESSION Committee Substitute for House Bill 5676 By Delegate Winzenreid [Originating in the Committee on the Judiciary;
HB5676 HFAT Fast 2-28Morgan 3345 Delegate Fast moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:H.
Reported on February 23, 2024] CS for HB 5676 A BILL to amend and reenact §44-2-1 of the Code of West Virginia, 1931, as amended, relating to changing the maximum amount a County Clerk can charge to settle an estate and removing reference to Fiduciary Commissioner.
B.
Be it enacted by the Legislature of West Virginia:
5676 -- “A BILL to amend and reenact §44-2-1 of the Code of West Virginia, 1931, as amended, relating to providing guidance for estates not classified as a small estate for proof and determination of debts and claims, establishment of priority, determination of the amount of respective shares of legatees and distributes, and other matters;
ARTICLE 2.
relating to claims of an unpaid creditors for estates not classified as a small estate and the process to determine the validity of a claim and when a fiduciary commissioner is required to take up the matter of the validity of the claim and when no referral to a fiduciary commissioner may be made;
PROOF AND ALLOWANCE OF CLAIMS AGAINST ESTATES OF DECEDENTS.
and relating to estates with a value of $200,000 or less, exclusive of real estate and nonprobate assets, or if it appears to the clerk that there is only one beneficiary and providing that these estates shall not be referred to a fiduciary commissioner after delivery of an appraisement of the assets by the personal representative;
§44-2-1.
relating to claims of an unpaid creditors for estates and the process to determine the validity of a claim and when a fiduciary commissioner is required to take up the matter of the validity of the claim and when no referral to a fiduciary commissioner may be made for estates with a value of $200,000 or less, exclusive of real estate and nonprobate assets, or if it appears to the clerk that there is only one beneficiary;
Reference of decedents' estates;
relating to changing the fee that a fiduciary commissioner may charge an estate for services related to settlement of the estate to $500, with outlined exceptions;
proceedings thereon.
and relating to counties where there are two or more fiduciary commissioners, then referral to these commissioners shall be in rotation, for equal division of work;
(a) Except as provided in subsection (b) of this section, upon the return of the appraisement by the personal representative to the county clerk, the estate of his or her decedent, by order of the county commission, must be referred to a fiduciary commissioner for proof and determination of debts and claims, establishment of their priority, determination of the amount of the respective shares of the legatees and distributes, and any other matter necessary for the settlement of the estate:
and providing that for any estate referred to a fiduciary commissioner any fees and costs provided under this section shall be assessed as costs against any requestor or objector who does not substantially prevail on its claim proportionately according to the number of claimants not substantially prevailing.”;    AdoptedRejected 
Provided, That in counties where there are two or more commissioners, the estates of decedents must be referred to the commissioners in rotation, so there may be an equal division of the work.
Notwithstanding any other provision of this code to the contrary, a fiduciary commissioner may not charge to the estate a fee greater than $300 and expenses for the settlement of an estate, except upon:
(i) Approval of the personal representative;
or (ii) a determination by the county commission that the fee is based upon the actual time spent and actual services rendered pursuant to a schedule of fees or rate of compensation for fiduciary commissioners promulgated by the commission in accordance with the provisions of §59-1-9 of this code Provided, That, should an unpaid creditor file a claim against the estate, the clerk shall send to the personal representative by United States mail a copy of the claim with a letter explaining that the personal representative must file with the clerk a written rejection to the claim, or otherwise it will be deemed valid, and within 20 days of receipt of the same the personal representative shall have 20 days in which to file with the clerk a written rejection, and if rejected, 1 CS for HB 5676 the fiduciary commissioner shall take up the matter of the claim, but if no rejection is made, the claim shall be deemed valid and no reference to a fiduciary commissioner shall be made.
(b) If the personal representative delivers to the clerk an appraisement of the assets of the estate showing their value to be $200,000 or less, exclusive of real estate specifically devised and nonprobate assets, or if it appears to the clerk that there is only one beneficiary of the probate estate and that the beneficiary is competent at law, the clerk shall record the appraisement without reference to a fiduciary commissioner:
If an unpaid creditor files a claim against the estate, the personal representative has 20 days after the date of the filing of a claim against the estate of the decedent to approve or reject the claim before the estate is referred to a fiduciary commissioner.
If the personal representative approves all claims as filed, then no reference may be made Provided, That for any such estate, should an unpaid creditor file a claim against the estate, the clerk shall send to the personal representative by United States mail a copy of the claim with a letter explaining that the personal representative must file with the clerk a written rejection to the claim, or otherwise it will be deemed valid, and within 20 days of receipt of the same the personal representative shall have 20 days in which to file with the clerk a written rejection, and if rejected, the fiduciary commissioner shall take up the matter of the claim, but if no rejection is made, the claim shall be deemed valid and no reference to a fiduciary commissioner shall be made.
(c) Notwithstanding any other provision of this code to the contrary, for any estate upon which reference to a fiduciary commissioner is made, a fiduciary commissioner may not charge to the estate a fee greater than $500 and expenses for the settlement of an estate, except upon:
(i) Approval of the personal representative;
or (ii) a determination by the county commission that the fee is based upon the actual time spent and actual services rendered pursuant to a schedule of fees or rate of compensation for fiduciary commissioners promulgated by the commission in accordance with the provisions of §59-1-9 of this code.
2 CS for HB 5676 (d) In counties where there are two or more commissioners, the estates of decedents referred to a fiduciary commissioner, must be referred to the commissioners in rotation, so there may be an equal division of the work.
(c)(e) The personal representative shall, within a reasonable time after the date of recordation of the appraisement:
(i) File a waiver of final settlement in accordance with the provisions of §44-2-29 of this code;
or (ii) make a report to the clerk of his or her receipts, disbursements, and distribution and submit an affidavit stating that all claims against the estate for expenses of administration, taxes, and debts of the decedent have been paid in full.
Upon receipt of the waiver of final settlement or report, the clerk shall record the waiver or report and mail copies to each beneficiary and creditor by first-class mail, postage prepaid.
The clerk shall retain the report for 10 days to allow any beneficiary or creditor to appear before the county commission to request reference to a fiduciary commissioner.
The clerk shall collect a fee of $10 for recording and mailing the waiver of final settlement or report.
(d)(f) If no request or objection is made to the clerk or to the county commission, the county commission may confirm the report of the personal representative, and the personal representative and his or her surety shall be discharged;
but if an objection or request is made, the county commission may confirm and record the accounting or may refer the estate to its fiduciary commissioners.:
Provided, That the personal representative has 20 days after the date of the filing of a claim against the estate of the decedent to approve or reject the claim before the estate is referred to a fiduciary commissioner, and if all claims are approved as filed, then no reference may be made For any estate referred to a fiduciary commissioner pursuant to this subsection, the fiduciary fees and costs provided for under subsection (c) of this section shall be assessed as costs against any requestor or objector who does not substantially prevail on its claim proportionately according to the number of claimants not substantially prevailing.
(e)(g) For purposes of this section, the term beneficiary means a person designated in a will to receive real or personal property.
3 CS for HB 5676 NOTE:
The purpose of this bill is to change the maximum amount a County Clerk can charge to settle an estate and removing reference to Fiduciary Commissioner.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
View plain text versions (3)

Action History

  1. To Government Organization

  2. To Government Organization

  3. Introduced in Senate

  4. Communicated to Senate

  5. Title amendment adopted (Voice vote)

  6. Passed House (Roll No. 398)

  7. Read 3rd time

  8. On 3rd reading, Special Calendar

  9. Read 2nd time

  10. On 2nd reading, Special Calendar

  11. Read 1st time

  12. On 1st reading, Special Calendar

  13. By substitute, do pass

  14. To House Judiciary

  15. Introduced in House

  16. To Judiciary

  17. Filed for introduction

Sponsors

  • Winzenreid · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 151 not signed on · 6 voted No

Sponsors (1)

  • Winzenreid

Co-sponsors (0)

None.

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 89 Yea · 8 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 59601
Unaffiliated 22202
Democrat 8000
Total 89803
% of votes cast 89%8%0%3%
How each member voted (100)
Member Party Vote
Forsht — Yea
Kirby — Yea
Rowe — Yea
Linville — Yea
Griffith — Yea
Smith — Yea
Hamilton — Yea
Martin — Yea
Hardy — Yea
Summers — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Phillips — Yea
Westfall — Yea
Devault — Yea
Householder — Yea
Winzenreid — Yea
Espinosa — Yea
Jeffries — Yea
Fast — Yea
Ross — Yea
Foster — Nay
Longanacre — Nay
Kump — Not Voting
Steele — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Nay
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Yea
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Nay
David Green Republican Yea
Elias Coop-Gonzalez Republican Nay
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Nay
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Nay
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Not Voting
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Nay
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 5676?
HB 5676 is sponsored by Winzenreid.
What is the current status of HB 5676?
This bill has passed the House of Delegates. Introduced February 13, 2024. It now moves to the second chamber.
Where can I track HB 5676?
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Last checked for changes 3 months ago · updated continuously

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