SENATE CONCURRENT RESOLUTION NO. 67

(By Senators McCabe, Barnes, Beach, Blair, Cann,

Carmichael, Cole, Cookman, Edgell, Facemire, Fitzsimmons,

M. Hall, Laird, Palumbo, Plymale, Prezioso, Stollings,

 Tucker, Walters, Wells, Williams, Yost and D. Hall)

Requesting the Joint Committee on Government and Finance perform an interim study to look at a variety of issues involved in the probate process.

    Whereas, West Virginia's county clerks want to improve, streamline, update and simplify the current probate process for the benefit of citizens who are administering estates; and

    Whereas, County clerks recognize that probate laws and procedures need to be reexamined in light of new technologies and recent changes in estate laws, both state and federal; and

    Whereas, County clerks particularly want to ease the process for those who leave behind little or no estate and simplify the process when the deceased is a joint owner of assets and had no assets solely in his or her name; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance perform an interim study to look at a variety of issues involved in the probate process; and, be it

    Further Resolved, That the study include, but not be limited to: (1) Bonding amounts for estates and uniformity around the state; (2) clarification of legal residency requirements, recognizing that many of our citizens pass away in nursing homes or other care facilities located outside their home counties; (3) reduction of the number of estates referred to a fiduciary commissioner by raising the estate value to $200,000, or another value; (4) revisions to what is to be included in the estate value; (5) review, revision and study of the effectiveness of the required publications; (6) review of the necessity and complexity of certain forms, such as the nonprobate appraisement filing; (7) study of the deadlines in order to expedite the process; (8) study of general and specific methods of simplifying the overall process; (9) study of the feasibility of incorporating the latest in technology, such as posting notices on web sites; and (10) eliminating practices and procedures that are no longer necessary; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft any necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.