Summary:

 House Bill 124 (HB 124) amends the Uniform Probate Code to provide procedures upon the death of a protected person, guardian, or conservator.  

Legislation Overview:

 House Bill 124 (HB 124) amends the Uniform Probate Code to provide procedures upon the death of a protected person, guardian, or conservator. A "protected person" means a minor or another person for whom a guardian or conservator has been appointed or other protective order has been made.  
First, the bill provides the procedure if a guardian of a protected person dies or becomes incapacitated. Although the responsibility of a guardian for a protected person terminates upon death, the guardianship continues pending the appointment of a new guardian according to the procedure already in place in the Uniform Probate Code. Any interested party can notify the court of the guardian’s death. If the guardian had nominated a successor guardian, the court must consider that nominee.   Upon a determination that the guardian is incapacitated, the court must follow the procedures in 45-5-303 (procedure for court appointment of a guardian of an incapacitated person) and 45-5-307(B) (court may appoint another guardian upon death, removal or resignation of a guardian). 
Second, the bill provides the procedure for when a protected person dies.  The guardian or conservator must notify the court within three (3) days of learning of the death and either can obtain a death certificate without a court order.  If the protected person had no next of kin or personal representative, the guardian or conservator can request a hearing to authorize payment for funeral arrangements.  The guardian or conservator must give the court for safekeeping any will they possess and must inform the personal representative or a beneficiary named in the will that they have done so. The guardian or conservator must retain the estate for delivery to a personal representative or other person entitled to the estate.  If, after 40 days of the death, no one has been appointed personal representative, and no application for appointment has been filed, the guardian or conservator may apply to exercise the powers and duties of a personal representative and can administer the estate.  A conservator has priority over a guardian for being appointed personal representative. In the absence of a conservator, the court may appoint a guardian as the personal representative of the estate. 
HB 124 requires a guardian and conservator to file a final report within 45 days of the protected person’s death. A hearing must be held to determine the deliverance of the estate and to terminate the guardianship or conservatorship once all matters are resolved. However, the termination of guardianship does not affect the guardian or conservator’s liability for prior acts or their obligations to account for funds and assets.  
Third, the bill enacts a new section of the Uniform Probate Code addressing the procedure for when the conservator of a protected person dies or becomes incapacitated. Although the responsibility of a conservator of a protected person terminates upon death, the conservatorship of the person continues pending the appointment of a successor according to the procedure already in place in the Uniform Probate Code.  Any interested party may notify the court of the conservator’s death and the court must follow procedures in the Uniform Probate Code to appoint a successor conservator.  If the conservator had nominated a successor the court must consider that nominee.  Upon a conservator’s incapacitation, the procedures in the Uniform Probate Code.  
HB 124 makes conforming changes to other sections of the Uniform Probate Code by replacing instances of “incapacitated person” with “protected person”. 
The effective date of this bill is July 1, 2025.  

Current Law:

 Current law does not provide a structured procedure for when a guardian or conservator of a protected person dies or becomes incapacitated.  
Current law does not provide a procedure for guardians to follow when a protected person dies; however, the law does address what a conservator must do in this situation.  If, after 40 days of death, no one has been appointed personal representative, and no application for appointment has been filed, the conservator may apply to exercise the powers and duties of a personal representative and can administer the estate.  

Amendments:

 On March 12, 2025, the House Judiciary Committee amended HB 124 by removing the provision that termination of a guardianship does not affect the guardian’s liability for prior acts nor the obligation to account for funds and assets of the protected person. 
The amendment also clarifies that unless the procedures of Section 45-5-429(F) are followed, termination does not affect a conservator’s liability for prior acts nor the obligation to account for funds and assets of the protected person. Section 45-5-429(F) states that a release or waiver of liability of a conservator that is requested, procured or received contrary to the provisions of that section is void.