SB404
To Require Notification To The Department Of Finance And Administration Of The Probate Of An Estate If The Department Of Finance And Administration Has Filed A Certificate Of Indebtedness Against The Decedent.
Last Action (March 6, 2025): Sine Die adjournment
Sponsors
AI-Generated Summary
Senate Bill 404 amends Arkansas Code § 28-40-111 to formalize requirements for notifying the Arkansas Department of Finance and Administration (DFA) during the probate process. Specifically, the bill mandates that personal representatives must serve notice of the probate of an estate to the DFA if the department has filed a certificate of indebtedness against the decedent. The bill specifies the contact information for the DFA's Garnishment Section, Probate Division, for these purposes. Additionally, it requires that a copy of the petition for probate or administration and the decedent’s Social Security number be included with the notice. This measure ensures that the state is alerted to potential outstanding tax debts or other financial obligations owed by the deceased to the state, allowing the DFA to participate as a creditor in the probate proceedings.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiary of this bill is the State of Arkansas, specifically the Department of Finance and Administration. By mandating notification, the state increases its ability to identify and collect on outstanding debts, such as unpaid taxes or other state-held financial claims, against the assets of a decedent's estate before those assets are distributed to heirs or other beneficiaries.
Who Might Suffer?
Personal representatives and heirs or devisees of an estate could be negatively impacted. Personal representatives face an additional administrative burden and legal responsibility to identify state-filed certificates of indebtedness and ensure proper service of notice. Furthermore, heirs and devisees may see a reduction in their inheritance, as the formalization of this notice process facilitates the state's ability to recover debts from the estate's assets, potentially leaving less available for distribution to beneficiaries.
Vote Records
Third Reading
March 13, 2025View individual votes (35)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Jane English | Republican | Senate | Yea |
| Jonathan Dismang | Republican | Senate | Nay |
| Greg Leding | Democrat | Senate | Yea |
| Missy Irvin | Republican | Senate | Nay |
| Bryan King | Republican | Senate | NV |
| Kim Hammer | Republican | Senate | NV |
| Stephanie Flowers | Democrat | Senate | Yea |
| Frederick Love | Democrat | Senate | NV |
| Terry Rice | Republican | Senate | NV |
| Reginald Murdock | Democrat | Senate | NV |
| Gary Stubblefield | Republican | Senate | Nay |
| Jim Dotson | Republican | Senate | NV |
| John Payton | Republican | Senate | Nay |
| Alan Clark | Republican | Senate | Yea |
| Ronald Caldwell | Republican | Senate | Nay |
| Bart Hester | Republican | Senate | Yea |
| Jimmy Hickey | Republican | Senate | Nay |
| Dan Sullivan | Republican | Senate | NV |
| David Wallace | Republican | Senate | Yea |
| Blake Johnson | Republican | Senate | Yea |
| Justin Boyd | Republican | Senate | Yea |
| Clarke Tucker | Democrat | Senate | Yea |
| Scott Flippo | Republican | Senate | Nay |
| Clint Penzo | Republican | Senate | NV |
| Mark Johnson | Republican | Senate | Yea |
| Ricky Hill | Republican | Senate | Nay |
| Jamie Scott | Democrat | Senate | Yea |
| Breanne Davis | Republican | Senate | NV |
| Ben Gilmore | Republican | Senate | Nay |
| Joshua Bryant | Republican | Senate | Yea |
| Matt McKee | Republican | Senate | Yea |
| Jim Petty | Republican | Senate | Yea |
| Steve Crowell | Republican | Senate | NV |
| Tyler Dees | Republican | Senate | NV |
| Matt Stone | Republican | Senate | Yea |
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