Relating to probate law, including providing notice to named beneficiaries and a process for named beneficiaries to obtain ownership of property held by others

This bill relates to probate law regarding notice provided to named beneficiaries. The bill provides that if a holder of property that has a beneficiary designation owned by a decedent has been notified of the death of the decedent, the property holder shall within 10 business days notify each person listed under the beneficiary designation that the person may have a right to the property and provide contact information of the holder. For purposes of the bill, beneficiary designation means the provision in an instrument designating a beneficiary, including an annuity or insurance policy, an account with a designation for payment on death, a security registered in beneficiary form, a pension, profit-sharing, retirement, or other employment-related benefit plan, and any other nonprobate transfer at death. The bill allows a person listed under the beneficiary designation to present an affidavit to any person for the purpose of obtaining property, or information regarding property, owned by a decedent for which the person is a designated beneficiary. The bill provides the representations and requirements of the affidavit presented. The bill prohibits a person from requesting any additional personal information of a person listed under the beneficiary designation. The bill provides that upon completion of the bill’s requirements, the person listed under the beneficiary designation shall receive the decedent’s property as the beneficiary and a transfer agent of a security described in the affidavit shall change registered ownership on the books of the corporation from the decedent to or for the benefit of the successor. The bill provides that a person in good faith that relies upon and has no knowledge that the representations in the affidavit are incorrect shall not be liable to any person for so acting in reliance of the affidavit. The person who received the request has 30 days to verify the affidavit and provide the information or requested property to the person listed under the beneficiary designation. Upon failing to do so, the person listed under the beneficiary designation may bring an action to recover the property, information, or to compel the delivery of the property against the person to whom the person listed under the beneficiary designation presented the affidavit. The bill allows an action to be brought within one year after the date of the act or failure to act. If the person listed under the beneficiary designation prevails in the court action, the court may also award damages sustained, costs of the action, a penalty determined by the court of not less than $500 and not more than $10,000, and reasonable attorney fees.