Bill Sponsor
Indiana House Bill 1208
Session 2022
Various probate and trust matters.
Became Law
Became Law
Signed by Governor on Mar 18, 2022
Sponsors
Republican
John Young
Republican
Aaron Freeman
Republican
Eric Koch
First Action
Jan 6, 2022
Latest Action
Mar 18, 2022
Origin Chamber
House
Type
Bill
Bill Number
1208
State
Indiana
Session
2022
Sponsorship by Party
Republican
Sponsor
Republican
Sponsor
Republican
Author
House Votes (0)
Senate Votes (1)
House votes are unavailable for this bill.
Summary
In one instance in the law on health care advance directives, changes the word "testator" to "declarant". Amends several provisions relating to the filing of notices to make those provisions consistent with Rules of Trial Procedure 86 and 87 concerning electronic filing. Resolves inconsistencies in two sections of the chapter on dispensing with administration so that those sections authorize a fiduciary to distribute and disburse the estate assets before filing a closing statement. Authorizes the appointment of a special administrator under certain circumstances and establishes a procedure for the appointment of a special administrator for the purpose of pursuing a claim for a decedent's wrongful death. In a section concerning the filing of an electronic will, replaces an incorrect reference with a reference to the Rules on Access to Court Records. Provides that a video or audio recording of a principal who executes a power of attorney may be admissible as evidence of matters relevant to the validity or enforceability of the power of attorney. Provides that any objection to a final account and petition for distribution of a decedent's estate must be filed at least 14 days before the hearing date. Eliminates references to a trustee "docketing" a trust and identifies permissible methods for the filing of a copy of a trust instrument with a court. Amends two definitions of "electronic power of attorney" to provide that an electronic power of attorney may be signed in the presence of witnesses instead of being notarized. Provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received by the culpable person. Includes a married individual who does not have any dependents and whose death was caused by a spouse within the definition of "adult person" for the purpose of a wrongful death action. Makes conforming changes. Makes technical corrections. (The introduced version of this bill was prepared by the probate code study commission.)
Actions (20)
03/18/2022
House
Public Law 162
03/18/2022
Office of the Governor
Signed by the Governor
03/15/2022
Senate
Signed by the President of the Senate
02/24/2022
House
Signed by the Speaker
02/24/2022
Senate
Signed by the President Pro Tempore
02/22/2022
House
House concurred in Senate amendments; Roll Call 247: yeas 92, nays 0
02/21/2022
House
Motion to concur filed
02/16/2022
Senate
Returned to the House with amendments
02/15/2022
Senate
Third reading: passed; Roll Call 202: yeas 47, nays 0
02/14/2022
Senate
Second reading: amended, ordered engrossed
02/14/2022
Senate
Amendment #1 (Freeman) prevailed; voice vote
02/10/2022
Senate
Committee report: amend do pass, adopted
02/01/2022
Senate
First reading: referred to Committee on Judiciary
01/21/2022
House
Referred to the Senate
01/20/2022
House
Third reading: passed; Roll Call 51: yeas 86, nays 0
01/20/2022
House
Senate sponsors: Senators Freeman and Koch
01/18/2022
House
Second reading: ordered engrossed
01/13/2022
House
Committee report: do pass, adopted
01/06/2022
House
First reading: referred to Committee on Judiciary
01/06/2022
House
Authored by Representative Young J
Sources
Record Created
Jan 6, 2022 9:00:55 AM
Record Updated
Jul 22, 2022 6:05:32 PM