HB1088: A BILL FOR AN ACT to amend the Indiana Code concerning probate.

Page last updated: Sunday, April 20, 2025 at 7:11 PM (America/Indianapolis).

General Information

• Stage: Enrolled House Bill (H)
• Current Chamber: house
• Origin Chamber: house
• Description: Various probate matters.

Legislators

Actions (21 total)

• Apr 9, 2025, 8:00 PM: Signed by the Governor
• Apr 2, 2025, 8:00 PM: Signed by the President of the Senate
• Mar 26, 2025, 8:00 PM: Signed by the Speaker
• Mar 26, 2025, 8:00 PM: Signed by the President Pro Tempore
• Mar 24, 2025, 10:36 AM: House concurred with Senate amendments; Roll Call 302: yeas 95, nays 0
• Mar 20, 2025, 6:37 AM: Motion to concur filed
• Mar 12, 2025, 6:36 AM: Returned to the House with amendments
• Mar 11, 2025, 9:51 AM: Third reading: passed; Roll Call 224: yeas 49, nays 1
• Mar 10, 2025, 9:47 AM: Second reading: amended, ordered engrossed
• Mar 10, 2025, 9:47 AM: Amendment #1 (Brown L) prevailed; voice vote
• Mar 6, 2025, 5:13 AM: Committee report: do pass, adopted
• Feb 18, 2025, 6:42 AM: First reading: referred to Committee on Judiciary
• Jan 29, 2025, 9:46 AM: Referred to the Senate
• Jan 28, 2025, 9:59 AM: Representatives Morris and Zimmerman added as coauthors
• Jan 28, 2025, 9:10 AM: Cosponsor: Senator Koch
• Jan 28, 2025, 9:10 AM: Senate sponsor: Senator Brown L
• Jan 28, 2025, 9:09 AM: Third reading: passed; Roll Call 24: yeas 89, nays 0
• Jan 27, 2025, 9:00 AM: Second reading: ordered engrossed
• Jan 21, 2025, 8:49 AM: Committee report: amend do pass, adopted
• Jan 8, 2025, 8:38 AM: First reading: referred to Committee on Judiciary
• Jan 8, 2025, 8:38 AM: Authored by Representative Jeter

Digest

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. 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.)