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Committee advances bill to fix title issues from summary probate administrations
Summary
A House committee adopted a proposed committee substitute and advanced House Bill 1743, which changes when orders and notices must be filed in summary administration probates to help title companies confirm marketable title for homes.
A House committee adopted a proposed committee substitute (PCS) and advanced House Bill 1743 on a motion from Representative Harris to change filing timing in summary administration probates, aiming to resolve title companies' difficulties confirming marketable title for homes.
Representative Harris, who introduced the bill, told the committee, "This is a bill that is, quite simple. It is, it addresses an issue or quirk, with, summary administrations and probates." Harris said the bill "changes when certain orders have to be or the notice, has to be filed, in the probate," adding that the change is intended to clear up problems title companies encounter when confirming a chain of title for a property that passed through a summary administration process.
In the committee's brief discussion, Representative Fugate asked whether the change would harm any party. Harris replied, "No party's injured at all. Actually, this, clears up a confusing issue." The chair announced at the start of the item that "There is a PCS that we will adopt as a working draft without objection, that'll be the order. You may present your PCS."
The committee then voted on advancement. The roll call, read by the chair, recorded affirmative votes from Bayshore, Heffner, Fugate, Harris, George, West, Lawson and Osborne. Osborne stated, "I do pass." The presenter had moved "for advancement." The motion carried and the committee advanced the bill; a formal second was not specified on the record.
The bill addresses summary administrations, a probate process for estates the presenter described as having a value under $200,000. According to Harris, the change targets situations in which an estate includes real property and a later sale requires a title company's confirmation that the chain of title is marketable. The bill text as presented narrows the timing for when certain orders or notices must be filed in probate to avoid the title-marketability problem.
No statutes, ordinance citations or specific implementation dates were mentioned during the committee presentation. The committee did not record any amendments or conditions attached to advancement during the discussion on the transcript.
The committee moved on after the vote; the presenter closed the item and the meeting was adjourned.
