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Committee approves bill to clarify court appointment of curators for unattended estates
Summary
The Civil Justice and Claims Subcommittee voted unanimously to report HB131, which gives courts a codified tool to appoint curators to protect estates when no personal representative is acting; an amendment increasing judicial discretion was adopted and a proponent described practical situations where curators prevent property deterioration.
Representative Maggard introduced HB131 to make explicit a court’s authority to appoint a curator to protect an estate when no personal representative is acting. The sponsor said the measure provides a clear, codified tool for courts to step in when estates would otherwise languish.
The bill’s sponsor explained the typical scenario: when a person dies intestate and there is no personal representative, a curator can be appointed to secure property, maintain utilities and otherwise preserve assets while the court determines a longer-term representative. Representative Gottlieb asked what the phrase "when no one is acting" meant; the sponsor answered with the intestacy example.
Representative Maggard offered an amendment (barcode 603987) that removes a section of the bill to leave more discretion with the courts; members adopted the amendment by voice. Proponent Jan Gorey testified she was speaking for herself and described cases where appointment of a curator prevented an estate from "languishing," like properties left without utilities or maintenance.
With no further debate, the committee voted 16-0 to report HB131 favorably. The committee’s action sends the bill to the next legislative stop for further consideration.
The vote tally was announced by the clerk.
