AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO JOINTLY HELD REAL-ESTATE AFFIDAVITS AND FILING AT...
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HB 337 — AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO JOINTLY HELD REAL-ESTATE AFFIDAVITS AND FILING AT THE REGISTER OF WILLS.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 15, 2022. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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15 sponsors
8 primary, 7 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (8 D · 3 R) — cross-party backing.
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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.
Summary
This Act makes it easier to properly clear title to real property after a person dies if the person held real property jointly with the right of survivorship. With more frequency, a deceased person may die as a resident in a county that is different from the county in which the deceased owned real property. This Act provides relief to those who are the surviving joint owner of a person who died in a county that is different than the county where the real property is located. The surviving joint owner of real property may not have anything to do with the deceased person’s estate, or the probate of it, making it difficult for the surviving joint owner to obtain exemplified copies from different states or countries, which results in the loss of valuable time and money to the surviving joint owner.
Bill Text
- Bill Text View text Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill simplifies the process for surviving joint tenants to clear real property title after the death of a joint owner by removing certain documentation requirements.
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§ 1905(e), Title 12 of the Delaware Code
the a decedent→ the decedentClarifies language regarding property passing to joint owners.
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§ 1905(e), Title 12 of the Delaware Code
owner.→ owners.Allows for plural ownership in the affidavit submission.
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§ 1905(e), Title 12 of the Delaware Code
A filer is not required to produce a certified or exemplified copy from the jurisdiction in which the decedent resided at the time of the decedent’s death, or to make certifications regarding the decedent’s probate status in another jurisdiction, to remove the decedent from the title of property held by joint ownership with right of survivorship or tenancy by the entireties.Eliminates the requirement for providing certified copies or certifications about the decedent’s probate status, streamlining the process for clearing the title.
Action History
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Signed by Governor
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Banking, Business & Insurance) in Senate with 5 On Its Merits
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Assigned to Banking, Business & Insurance Committee in Senate
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Passed By House. Votes: 39 YES 2 ABSENT
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Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 3 Favorable, 7 On Its Merits
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Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
Sponsors
- Kyle Evans Gay · Primary
- Trey Paradee · Cosponsor
- John "Jack" Walsh · Cosponsor
- Kevin S Hensley · Cosponsor
- Michael F. Smith · Cosponsor
- Stephen Smyk · Cosponsor
- Jeffrey N. Spiegelman · Cosponsor
- William Bush · Primary
- Spiros Mantzavinos · Primary
- Stephanie L. Hansen · Primary
- Bryan Townsend · Primary
- Krista Griffith · Primary
- Sean M. Lynn · Primary
- Michael Ramone · Cosponsor
- Sherry Dorsey Walker · Primary
Sponsorship breakdown
Export CSV (upgrade) →8 sponsors · 7 co-sponsors · 47 not signed on
Sponsors (8)
- Kyle Evans Gay
- William Bush Democratic
- Spiros Mantzavinos Democratic
- Stephanie L. Hansen Democratic
- Bryan Townsend Democratic
- Krista Griffith Democratic
- Sean M. Lynn Democratic
- Sherry Dorsey Walker
Co-sponsors (7)
- Trey Paradee Democratic
- John "Jack" Walsh Democratic
- Kevin S Hensley Republican
- Michael F. Smith Republican
- Stephen Smyk
- Jeffrey N. Spiegelman Republican
- Michael Ramone
Not signed on (47)
47 members have not signed on to this bill.
Show all 47 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Democratic | 11 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Yea |
| Colin Bonini | — | Yea |
| Ernesto B Lopez | — | Yea |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 1 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 11 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 337 do?
- This Act makes it easier to properly clear title to real property after a person dies if the person held real property jointly with the right of survivorship. With more frequency, a deceased person may die as a resident in a county that is different from the county in which the deceased owned real property. This Act provides relief to those who are the surviving joint owner of a person who died in a county that is different than the county where the real property is located. The surviving joint owner of real property may not have anything to do with the deceased person’s estate, or the probate of it, making it difficult for the surviving joint owner to obtain exemplified copies from different states or countries, which results in the loss of valuable time and money to the surviving joint owner.
- Who sponsors HB 337?
- HB 337 is sponsored by Kyle Evans Gay, Trey Paradee (Democratic), John "Jack" Walsh (Democratic), Kevin S Hensley (Republican), Michael F. Smith (Republican), Stephen Smyk, Jeffrey N. Spiegelman (Republican), William Bush (Democratic), Spiros Mantzavinos (Democratic), Stephanie L. Hansen (Democratic), Bryan Townsend (Democratic), Krista Griffith (Democratic), Sean M. Lynn (Democratic), Michael Ramone, and Sherry Dorsey Walker.
- What is the current status of HB 337?
- This bill has been enacted into law. Introduced March 15, 2022. Enacted.
- Where can I track HB 337?
- Track HB 337 free on One Click Politics — get push/email alerts when it moves.
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