Committee requires conservators to notify identified holders of conservatee assets within 15 calendar days

Senate Bill 412, presented as a probate-code recodification, would impose a duty on conservators to notify certain parties of any court order commanding performance or safekeeping of a conservatee’s estate assets. Committee staff explained the bill’s intent and the committee discussed concerns about who qualifies as a nonparty and the timing for notice.

Senator Warren said she worked with the Office of the State Bank Commissioner to add a definition of nonparties identified in court records and proposed a timing requirement after committee members asked how quickly a conservator must notify identified entities. Brock, speaking for the Office of the State Bank Commissioner, said a timeframe such as 15 or 30 days would be acceptable and that he was not familiar enough with probate practice to declare a standard.

Senator Warren withdrew her initial motion and substituted a conceptual amendment requiring that "a conservator shall, within 15 calendar days, notify entities and persons" the conservator has identified as holding assets of the conservatee’s estate. Eileen suggested wording to place the timeframe so that notice occurs "not later than 15 calendar days following the issuance of any court order" commanding performance or safekeeping. The committee accepted the amendment by voice vote and moved the bill out favorably.

The adopted amendment adds a timing requirement (15 calendar days) and clarifies the class of persons to be notified as those identified in court records as holders or locations of estate assets.

Next steps: SB 412 will be reported out of committee with the 15-day notice requirement included.