Bill > HB2172

This bill establishes a process for transferring a deceased person's primary residence, defined as residential real property primarily used as a home with an assessed value of no more than $150,000, as part of a small estate, meaning an estate where the decedent owned such a primary residence. A county property office, which is the office responsible for transferring deeds, can create a system allowing for this transfer through an affidavit, even if formal legal proceedings like opening a will or appointing an executor (referred to as "letters") have not yet occurred. This process can be initiated by a party with an interest in the property, and the court has discretion in approving it, potentially without needing an appraisal and with notice as the court deems appropriate. The attorney for the decedent's heirs or surviving spouse would record the property transfer with the county, and filing fees would be waived for those whose income is below 120% of the Federal poverty guidelines. A decree of distribution issued under this process will be legally sufficient for transfer agents to recognize the new owners without further administration, and it will have the same legal effect as a distribution decree after a full accounting by a personal representative. However, any party with an interest can petition to revoke the decree within two years if an improper distribution was made. The bill also includes provisions for a study of these processes by the Local Government Commission, allows counties to waive realty transfer taxes on these transfers, and states that this section will expire seven years after its effective date.

Justice

https://www.palegis.us/legislation/bills/2025/hb2172