IndianaVarious probate matters.
What it does
Clarifies that a personal representative or the personal representative's agent shall serve a written or electronic copy of the notice of the estate administration on a creditor of the decedent within one month of the notice being published. Requires the personal representative or the personal representative's agent to file and serve a new proposed notice with the clerk of court for a creditor that is served more than one month after the notice is published. Clarifies that a creditor that is served notice more than one month after the notice is published must file a claim against the estate within two months of the date of service of the notice.
More detail
Provides a template for notice that is served more than one month after the notice is published. Allows a: (1) personal representative of an unsupervised estate; or (2) trustee of a trust; to distribute all or part of a decedent's interest in a retirement plan or retirement account without a court order. Defines a "direct postmortem transfer" as a transfer of an asset to a testamentary trust established in a will admitted to probate that meets certain conditions. Specifies that a direct postmortem transfer is a transfer of an asset or property to a trust established by a will for all purposes of the Social Security Act. Establishes that the effective date of the testamentary trust is the date of the decedent's death. Provides that a power of attorney authority to take certain actions concerning tax matters of the principal does not terminate upon the death of the principal. Specifies that this authority terminates upon the appointment of a personal representative. (The introduced version of this bill was prepared by the probate code study committee.)
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Apr 10Public Law 50Latest
- Apr 10Signed by the Governor Mike BraunBecame Law
- Apr 3Signed by the President of the SenateMajor
- Mar 27Signed by the President Pro TemporeMajor
- Mar 27Signed by the SpeakerMajor
- Mar 24House concurred with Senate amendments; Roll Call 302: yeas 95, nays 0
- Vote recorded HB 1088 - Jeter. Result: pass.Lower
- Mar 20Motion to concur filedMinor
- Mar 12Returned to the House with amendmentsMinor
- Mar 11Third reading: passed; Roll Call 224: yeas 49, nays 1Passed Senate
- Vote recorded HB 1088 - Brown L - 3rd Reading. Result: pass.Upper
- Mar 10Second reading: amended, ordered engrossedMinor
- Mar 10Amendment #1 (Brown L) prevailed; voice voteMajor
- Mar 6Committee report: do pass, adoptedMinor
- Feb 18First reading: referred to Committee on JudiciaryMinor
- Jan 29Referred to the SenateMinor
- Jan 28Representatives Morris and Zimmerman added as coauthors
- Vote recorded HB 1088 - Jeter - 3rd Reading. Result: pass.Lower
- Jan 28Cosponsor: Senator Koch
- Jan 28Senate sponsor: Senator Brown L
- Jan 28Third reading: passed; Roll Call 24: yeas 89, nays 0Passed House
- Jan 27Second reading: ordered engrossedMinor
- Jan 21Committee report: amend do pass, adoptedMinor
- Jan 8Authored by Representative Jeter
- Jan 8First reading: referred to Committee on JudiciaryIntroduced