IndianaHB 1088First Regular Session 124th General Assembly (2025)House

Various probate matters.

Sponsored By: Chris Jeter (Republican)

Signed by Governor

Summary

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.)

judiciarythe senate

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Direct transfers to will-created trusts clarified

Beginning July 1, 2025, specified direct transfers to a trust created by a will take effect at death. The will must be admitted to probate, and IC 29-1-7-15.1(g) limits this rule. Covered transfers include life-insurance and annuity proceeds, beneficiary-designated retirement accounts, and employee benefit plans governed by federal ERISA law. They also include transfers from another trust, refused inheritances, transfer-on-death arrangements, and transfers through trust decanting. These assets stay outside the estate and its creditor claims, except as provided in IC 32-17-13. For Social Security Act purposes, the transfer goes to the trust, whose effective date is the date of death.

More ways to inherit retirement accounts

Beginning July 1, 2025, Indiana estate representatives and trustees can transfer retirement-account interests to beneficiaries instead of cashing them out. They can transfer all or part of an interest. For estates, the estate must be a beneficiary of, or have an interest in, the retirement plan or account. For trusts, the retirement plan or account must be payable to the trust.

Some agent actions bind heirs after death

Indiana protects actions taken in good faith under a written power of attorney without actual knowledge of the person's death. Unless otherwise invalid or unenforceable, those actions bind the person and those who inherit their interests. Some powers also continue after known death: those listed in IC 30-5-5-14(a)(2), (3), (5), (7) and IC 30-5-5-16(b)(6), (7). Those actions cannot conflict with the person's written directions made before death. The first four listed tax powers cover only tax periods through death and end when an estate representative is appointed. A U.S. Department of Defense death notice counts as official notice. A missing or missing-in-action report alone is not actual death notice and does not end the power of attorney.

Sponsors & Cosponsors

Sponsor

  • Chris Jeter

    Republican • House

Cosponsors

  • Alex Zimmerman

    Republican • House

  • Eric Koch

    Republican • Senate

  • Liz Brown

    Republican • Senate

  • Robert Morris

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 233 • No: 1

House vote • 3/24/2025

House concurred with Senate amendments

Yes: 95 • No: 0

Senate vote • 3/11/2025

Third reading: passed

Yes: 49 • No: 1

House vote • 1/28/2025

Third reading: passed

Yes: 89 • No: 0

Actions Timeline

  1. Public Law 50

    4/10/2025House
  2. Signed by the Governor

    4/10/2025House
  3. Signed by the President of the Senate

    4/3/2025Senate
  4. Signed by the President Pro Tempore

    3/27/2025Senate
  5. Signed by the Speaker

    3/27/2025House
  6. House concurred with Senate amendments; Roll Call 302: yeas 95, nays 0

    3/24/2025House
  7. Motion to concur filed

    3/20/2025House
  8. Returned to the House with amendments

    3/12/2025Senate
  9. Third reading: passed; Roll Call 224: yeas 49, nays 1

    3/11/2025Senate
  10. Second reading: amended, ordered engrossed

    3/10/2025Senate
  11. Amendment #1 (Brown L) prevailed; voice vote

    3/10/2025Senate
  12. Committee report: do pass, adopted

    3/6/2025Senate
  13. First reading: referred to Committee on Judiciary

    2/18/2025Senate
  14. Referred to the Senate

    1/29/2025House
  15. Representatives Morris and Zimmerman added as coauthors

    1/28/2025House
  16. Cosponsor: Senator Koch

    1/28/2025House
  17. Senate sponsor: Senator Brown L

    1/28/2025House
  18. Third reading: passed; Roll Call 24: yeas 89, nays 0

    1/28/2025House
  19. Second reading: ordered engrossed

    1/27/2025House
  20. Committee report: amend do pass, adopted

    1/21/2025House
  21. Authored by Representative Jeter

    1/8/2025House
  22. First reading: referred to Committee on Judiciary

    1/8/2025House

Bill Text

  • Engrossed House Bill (H)

  • Enrolled House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

Related Bills

Back to State Legislation