North Carolina 2019-2020 Session Status: Enacted Bipartisan · 1 R · 1 D cosponsors

HB 736 — Elective Share-Joint Accounts.

Last action — Signed by Gov. 6/30/2020

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

This bill has been enacted into law. Introduced April 11, 2019. Enacted.

Prognosis

Likely to advance 94% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    2 primary, 2 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes 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

43 added · 51 removed

Plain-language change summary

In the latest version of Bill HB 736, an amendment was made to remove the requirement for a filing fee when making a claim for an elective share after someone's death. The bill also clarifies definitions of "claims" related to the decedent's liabilities, ensuring that claims such as funeral expenses are included but explicitly excludes certain claims related to property distribution and death taxes. This change is important as it could lessen the financial burden on individuals making claims and provide clearer guidance on what constitutes a valid claim against a deceased person's estate.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 736 Committee Substitute Favorable 7/10/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 736 Short Title:
Representatives Zachary, Conrad, and Howard (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 15, 2019 A BILL TO BE ENTITLED AN ACT TO LIMIT SPOUSAL SHARE WITH RESPECT TO JOINTLY HELD PROPERTY TO A REBUTTABLE PRESUMPTION OF IN-KIND CONTRIBUTION UNLESS OTHERWISE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE AND TO REQUIRE A FEE FOR FILING A CLAIM FOR AN ELECTIVE SHARE.
Judiciary, if favorable, Rules, Calendar, and Operations of the House April 15, 2019 A BILL TO BE ENTITLED AN ACT TO LIMIT SPOUSAL SHARE WITH RESPECT TO JOINTLY HELD PROPERTY TO A REBUTTABLE PRESUMPTION OF IN-KIND CONTRIBUTION UNLESS OTHERWISE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE.
– Any power of appointment, including a power to designate the beneficiary of a beneficiary designation, exercisable by the decedent, regardless of the decedent's capacity to exercise such power, in favor of the decedent, the decedent's estate, the decedent's creditors, or the creditors of the decedent's estate, except for (i) powers limited by an *H736-v-2* General Assembly Of North Carolina Session 2019 "ascertainable standard" as defined in G.S.
– Any power of appointment, including a power to designate the beneficiary of a beneficiary designation, exercisable by the decedent, regardless of the decedent's capacity to exercise such power, in favor of the decedent, the decedent's estate, the decedent's creditors, or the creditors of the decedent's estate, except for (i) powers limited by an *H736-v-1* General Assembly Of North Carolina Session 2019 "ascertainable standard" as defined in G.S.
Page 2 House Bill 736-Second Edition General Assembly Of North Carolina Session 2019 f.
Page 2 House Bill 736-First Edition General Assembly Of North Carolina Session 2019 f.
The decedent is and all other joint tenants are presumed to have contributed in-kind in accordance with their respective shares for the jointly owned property unless House Bill 736-Second Edition Page 3 General Assembly Of North Carolina Session 2019 contribution by another is otherwise proven by clear and convincing evidence.
The decedent is and all other joint tenants are presumed to have contributed in-kind in accordance with their respective shares for the jointly owned property unless House Bill 736-First Edition Page 3 General Assembly Of North Carolina Session 2019 contribution by another is otherwise proven by clear and convincing evidence.
Page 4 House Bill 736-Second Edition General Assembly Of North Carolina Session 2019 2.
Page 4 House Bill 736-First Edition General Assembly Of North Carolina Session 2019 2.
G.S.
30-3.4 reads as rewritten:
"§ 30-3.4.
Procedure for determining the elective share.
… (b1) Fee.
- For the support of the General Court of Justice, a person who files a claim for an elective share shall remit the sum of two hundred dollars ($200.00) to the clerk of superior court of the county in which the primary administration of the decedent's estate lies.
…." SECTION 3.
House Bill 736-Second Edition Page 5
House Bill 736-First Edition Page 5
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Action History

  1. Signed by Gov. 6/30/2020

  2. Ch. SL 2020-60

  3. Ratified

  4. Pres. To Gov. 6/24/2020

  5. Concurred In S Com Sub

  6. Ordered Enrolled

  7. Passed 2nd Reading

  8. Passed 3rd Reading

  9. Special Message Sent To House

  10. Special Message Received For Concurrence in S Com Sub

  11. Cal Pursuant 36(b)

  12. Placed On Cal For 06/23/2020

  13. Reptd Fav

  14. Reptd Fav Com Substitute

  15. Com Substitute Adopted

  16. Re-ref Com On Rules and Operations of the Senate

  17. Withdrawn From Com

  18. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  19. Regular Message Received From House

  20. Passed 1st Reading

  21. Ref To Com On Rules and Operations of the Senate

  22. Regular Message Sent To Senate

  23. Passed 2nd Reading

  24. Passed 3rd Reading

  25. Reptd Fav Com Sub 2

  26. Cal Pursuant Rule 36(b)

  27. Placed On Cal For 07/24/2019

  28. Reptd Fav

  29. Re-ref Com On Rules, Calendar, and Operations of the House

  30. Reptd Fav Com Substitute

  31. Serial Referral To Rules, Calendar, and Operations of the House Stricken

  32. Re-ref to the Com on Finance, if favorable, Rules, Calendar, and Operations of the House

  33. Passed 1st Reading

  34. Ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

  35. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 2 co-sponsors · 175 not signed on

Sponsors (2)

  • Zachary
  • Conrad

Co-sponsors (2)

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"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

M11 Concur

Passed 113 Yea · 1 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 22003
Republican 34001
Unaffiliated 55102
U 2000
Total 113106
% of votes cast 94%1%0%5%
How each member voted (120)
Member Party Vote
Beasley — Yea
Brewer — Yea
Clemmons — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
P. Jones — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Presnell — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Autry — Nay
Farmer-Butterfield — Not Voting
Fisher — Not Voting
C. Smith — Yea
K. Baker — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Not Voting
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Not Voting
Robert T. Reives, II Democratic Not Voting
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Vernetta Alston Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Not Voting
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Second Reading

Passed 48 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 9000
Unaffiliated 26002
Republican 13000
Total 48002
% of votes cast 96%0%0%4%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Foushee — Yea
Marcus — Yea
Peterson — Yea
Searcy — Yea
Smith — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Brown — Yea
Bryan — Yea
J. Davis — Yea
Edwards — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Wells — Yea
Nickel — Not Voting
Gallimore — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

taxation finance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 736?
HB 736 is sponsored by Zachary, Conrad, Julia C. Howard (Republican), and Brian Turner (Democratic).
What is the current status of HB 736?
This bill has been enacted into law. Introduced April 11, 2019. Enacted.
Where can I track HB 736?
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