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IN SB0518
Bill
AI Summary
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Establishes the Probate Code Study Commission with 16 members (9 appointed by governor including attorneys specializing in estate planning, probate, trusts, guardianships, and creditors' rights; 3 senators; 3 representatives; and chief justice or designee) to study and recommend changes to probate and trust codes, with 2-year member terms and initial appointments by July 1, 2019
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Authorizes the Indiana Supreme Court and Office of Judicial Administration to create a statewide electronic estate planning documents registry for electronic wills, trusts, and powers of attorney, with public searchable index by testator/settlor name, county, execution date, and attorney name, while keeping document contents private
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Allows courts to permit contesting two or more wills in one proceeding if there is prima facie evidence of an irreversible medical/psychiatric condition predating the earliest challenged will, or if a beneficially interested party had direct nexus with preparation/execution of each challenged will
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Requires transfer on death deeds and subsequent conveyances of real property to be recorded before the owner's death to be valid; unrecorded subsequent conveyances are void if a transfer on death deed was previously recorded
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Adds power of attorney authority for agents to address financial exploitation of "specified adults" (persons 65+ or adults with mental/physical impairments), including serving as trusted contact person and acting to prevent or remediate account losses from exploitation
Legislative Description
Probate matters. Repeals the probate study subcommittee. Creates the probate code study commission. Allows a person to contest two or more wills if there is prima facie evidence that: (1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or (2) a party beneficially interested in one or more of the challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged. Specifies that the issuance of a court order on any matter related to an unsupervised estate does not revoke the personal representative's authority to continue the administration of the estate as an unsupervised estate. Adds definitions for the terms: (1) "petition for administration"; and (2) "unit address". Provides a process for filing a notice of administration. Removes certain reporting requirements regarding small estate administration to the estate recovery unit of the office of Medicaid policy and planning. Recognizes the small estate threshold of $25,000 for the estate of an individual who dies before July 1, 2007. Authorizes the Indiana supreme court and office of judicial administration to establish and administer a statewide electronic estate planning documents registry (registry). Allows certain individuals to deposit the following items into the registry: (1) An electronic will. (2) An electronic trust instrument. (3) An electronic power of attorney. (4) Any electronic document that revokes or amends an electronic will, electronic trust instrument, or electronic power of attorney. Requires the administrator of the registry to catalog submitted items according to the following: (1) The name of the testator, settlor, or principal. (2) The county of residence for the testator, settlor, or principal. (3) The date of execution for an electronic estate planning document. (4) The date of submission to or deposit with the registry of information pertaining to an electronic estate planning document. (5) The name of any attorney responsible for the preparation or execution of an electronic estate planning document. Requires the registry administrator to make the registry index: (1) available to; and (2) searchable by; the public. Requires the registry administrator to keep the substantive content of electronic documents submitted to or deposited with the registry private, secure, and inaccessible to the public. Requires the registry administrator to issue a certified report concerning the existence of certain items submitted to or deposited with the registry in certain instances. Requires the registry administrator to issue a certified transcript of certain documents submitted to or deposited with the registry in certain instances. Allows the registry administrator to charge fees in certain instances. Revises definitions for the following terms: (1) "Document integrity evidence". (2) "Tamper evident". Defines the term "specified adult" as a person who: (1) is not less than 65 years of age; or (2) is a person that: (A) is at least 18 years of age; and (B) has a mental or physical impairment that prohibits the person from protecting the person's interests. Allows certain individuals to act on behalf of a specified adult in certain instances involving the financial exploitation of the specified adult. Provides that if a transfer on death deed has been recorded before the death of the owner, a subsequent conveyance is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated. Establishes dates that determine when certain probate statutes apply. Requires a court to issue certain findings before exempting encumbered real property from certain restrictions concerning the sale of the real property. Allows the devolution of real estate title to be demonstrated by prima facie evidence. Specifies how devolution of real estate title may be demonstrated. Requires the estate recovery unit of the office of Medicaid policy and planning to provide notice of a claim against an estate in certain instances. Makes technical corrections.
Last Action
Public Law 231
5/5/2019