Commentary on HB 1142

1999 Legislation:

Commentary on HB 1142 -- Permitting Clerks
to Keep Probate Claims in the Case File Rather
Than Maintaining a Separate Claims Docket

One quirk of probate practice that is a holdover from pre-computer days is the claims docket. When a claim is filed in a dependent administration of a decedent's estate or in a guardianship, the clerk maintains the claim and action on the claim in a separate record with a separate docket. Thus, a member of the public searching a probate case file in the clerk's office may not uncover matters related to claims against the estate.

HB 1142, by Rep. Thompson, would change that. This bill would amend Sections 17 and 18 and add new Sections 17A and 18A (regarding decedents' estates), as well as amend Sections 627 and 628 and add new Sections 627A and 628A (regarding guardianships) to permit the clerk to "maintain the claims, papers, and other information relating to a person's or estate's probate proceedings in an individual case file for that person or estate." The bill also provides for maintaining a computerized index of claims records. [02/03/99]