Indiana House Bill 1208 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Republican 3-0)
Status: Passed on March 18 2022 - 100% progression
Action: 2022-03-18 - Public Law 162
Text: Latest bill text (Enrolled) [PDF]

Various probate and trust matters. 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.)

Various probate and trust matters.

Rep. John Young [R]

Sen. Aaron Freeman [R]

Sen. Eric Koch [R]

2022-02-22 - House - House - House concurred in Senate amendments (Y: 92 N: 0 NV: 1 Abs: 7) [PASS]
2022-02-15 - Senate - Senate - Third reading (Y: 47 N: 0 NV: 0 Abs: 3) [PASS]
2022-02-09 - Senate - Senate - Committee Vote (Y: 11 N: 0 NV: 0 Abs: 0) [PASS]
2022-01-20 - House - House - Third reading (Y: 86 N: 0 NV: 3 Abs: 11) [PASS]
2022-01-12 - House - House - Committee Vote (Y: 10 N: 0 NV: 0 Abs: 3) [PASS]

Date	Chamber	Action
2022-03-18	House	Public Law 162
2022-03-18	House	Signed by the Governor
2022-03-15	Senate	Signed by the President of the Senate
2022-02-24	Senate	Signed by the President Pro Tempore
2022-02-24	House	Signed by the Speaker
2022-02-22	House	House concurred in Senate amendments; Roll Call 247: yeas 92, nays 0
2022-02-21	House	Motion to concur filed
2022-02-16	Senate	Returned to the House with amendments
2022-02-15	Senate	Third reading: passed; Roll Call 202: yeas 47, nays 0
2022-02-14	Senate	Amendment #1 (Freeman) prevailed; voice vote
2022-02-14	Senate	Second reading: amended, ordered engrossed
2022-02-10	Senate	Committee report: amend do pass, adopted
2022-02-01	Senate	First reading: referred to Committee on Judiciary
2022-01-21	House	Referred to the Senate
2022-01-20	House	Senate sponsors: Senators Freeman and Koch
2022-01-20	House	Third reading: passed; Roll Call 51: yeas 86, nays 0
2022-01-18	House	Second reading: ordered engrossed
2022-01-13	House	Committee report: do pass, adopted
2022-01-06	House	First reading: referred to Committee on Judiciary
2022-01-06	House	Authored by Representative Young J

Type	Source
Summary	https://iga.in.gov/legislative/2022/bills/house/1208/details
Text	http://iga.in.gov/static-documents/0/a/f/8/0af8d36e/HB1208.01.INTR.pdf
Text	http://iga.in.gov/static-documents/4/d/d/f/4ddfbcbc/HB1208.02.COMH.pdf
Text	http://iga.in.gov/static-documents/4/8/e/e/48eec8d3/HB1208.02.COMH.pdf
Text	http://iga.in.gov/static-documents/2/f/2/c/2f2c62d6/HB1208.03.COMS.pdf
Text	http://iga.in.gov/static-documents/6/d/6/1/6d6123c3/HB1208.03.COMS.pdf
Text	http://iga.in.gov/static-documents/4/f/e/e/4fee6ab4/HB1208.04.ENGS.pdf
Text	http://iga.in.gov/static-documents/8/0/e/2/80e2af8e/HB1208.04.ENGS.pdf
Text	http://iga.in.gov/static-documents/5/b/7/e/5b7ed4b1/HB1208.05.ENRS.pdf
Amendment	http://iga.in.gov/static-documents/e/8/f/0/e8f053f2/HB1208.03.COMS.AMS001.pdf
Supplement	http://iga.in.gov/static-documents/5/9/3/8/5938cfa1/HB1208.01.INTR.FN001.pdf
Supplement	http://iga.in.gov/static-documents/a/d/3/3/ad33b505/HB1208.02.COMH.FN001.pdf
Supplement	http://iga.in.gov/static-documents/0/a/3/4/0a34558e/HB1208.01.INTR.CRH001.pdf
Supplement	http://iga.in.gov/static-documents/f/d/5/9/fd594ed4/HB1208.02.COMH.FN002.pdf
Supplement	http://iga.in.gov/static-documents/4/1/7/1/4171e42b/HB1208.02.COMH.FN003.pdf
Supplement	http://iga.in.gov/static-documents/8/7/d/4/87d45255/HB1208.02.COMH.CRS001.pdf
Supplement	http://iga.in.gov/static-documents/2/2/b/6/22b602a1/HB1208.03.COMS.FN001.pdf
Supplement	http://iga.in.gov/static-documents/6/6/5/4/6654b1ee/HB1208.04.ENGS.FN001.pdf
Supplement	http://iga.in.gov/static-documents/6/3/3/0/63308b93/HB1208.04.ENGS.FN002.pdf
Supplement	http://iga.in.gov/static-documents/7/f/c/b/7fcb7cfd/HB1208.04.ENGS.CON01.pdf
Supplement	http://iga.in.gov/static-documents/7/7/5/5/7755d461/HB1208.05.ENRS.FN001.pdf
Roll Call	http://iga.in.gov/static-documents/f/7/1/8/f718f5eb/HB1208.01.INTR.01.pdf
Roll Call	http://iga.in.gov/static-documents/7/0/7/4/7074844c/HB1208.51_H.pdf
Roll Call	http://iga.in.gov/static-documents/9/6/b/2/96b270cb/HB1208.02.COMH.01.pdf
Roll Call	http://iga.in.gov/static-documents/0/9/9/a/099a3791/HB1208.202_S.pdf
Roll Call	http://iga.in.gov/static-documents/0/8/2/7/0827e8e5/HB1208.247_H.pdf