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2023 SESSION
HB 2128 Virginia Small Estate Act; funeral expenses and disposition, refusal to pay or deliver small asset.
Introduced by: Tony O. Wilt | all patrons ... notes | add to my profiles
SUMMARY AS PASSED HOUSE: (all summaries)
Virginia Small Estate Act; payment or delivery of small asset; disposition and funeral expenses. Requires any person having possession of a small asset belonging to a decedent, upon presentation of an affidavit by the funeral service establishment handling the disposition of the decedent and any related funeral service, to pay or deliver to such funeral service establishment so much of the small asset as does not exceed the amount given priority and has not already been paid. Under current law, such payment is discretionary and made to the undertaker or mortuary. The bill also provides for the discharge and release of a person paying or delivering a small asset in accordance with the provisions of the bill to the same extent as if such person dealt with the personal representative of the decedent. The bill provides that if any person to whom an affidavit is presented refuses to pay or deliver any small asset, such small asset may be recovered, payment or delivery compelled, and damages recovered, on proof of rightful claim, unless such refusal was made in good faith. This bill is identical to SB 870.
FULL TEXT
- 01/10/23 House: Prefiled and ordered printed; offered 01/11/23 23103698D pdf
- 01/23/23 House: Committee substitute printed 23104923D-H1 pdf | impact statement
- 02/16/23 House: Bill text as passed House and Senate (HB2128ER) pdf | impact statement
- 03/24/23 Governor: Acts of Assembly Chapter text (CHAP0494) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
HISTORY
- 01/10/23 House: Prefiled and ordered printed; offered 01/11/23 23103698D
- 01/10/23 House: Referred to Committee for Courts of Justice
- 01/19/23 House: Assigned Courts sub: Subcommittee #2
- 01/20/23 House: Subcommittee recommends reporting with substitute (7-Y 0-N)
- 01/23/23 House: Reported from Courts of Justice with substitute (19-Y 0-N)
- 01/23/23 House: Committee substitute printed 23104923D-H1
- 01/25/23 House: Read first time
- 01/26/23 House: Read second time
- 01/26/23 House: Committee substitute agreed to 23104923D-H1
- 01/26/23 House: Engrossed by House - committee substitute HB2128H1
- 01/27/23 House: Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 01/27/23 House: VOTE: Block Vote Passage (98-Y 0-N)
- 01/30/23 Senate: Constitutional reading dispensed
- 01/30/23 Senate: Referred to Committee on General Laws and Technology
- 02/08/23 Senate: Reported from General Laws and Technology (15-Y 0-N)
- 02/10/23 Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/13/23 Senate: Read third time
- 02/13/23 Senate: Passed Senate (40-Y 0-N)
- 02/16/23 House: Enrolled
- 02/16/23 House: Bill text as passed House and Senate (HB2128ER)
- 02/16/23 House: Signed by Speaker
- 02/16/23 Senate: Signed by President
- 03/02/23 House: Enrolled Bill communicated to Governor on March 2, 2023
- 03/02/23 Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
- 03/24/23 Governor: Approved by Governor-Chapter 494 (effective 7/1/23)
- 03/24/23 Governor: Acts of Assembly Chapter text (CHAP0494)