S.E.A. 287, P.L. 38
Effective: July 1, 2023
The introduced version of this bill was prepared by the Probate Code Study Commission.
- Provides that a person may sign a form of living will declaration or a form of life prolonging procedures will declaration in the presence of a notary public.
- Removes nonconforming language in a petition for administration statute.
- Clarifies the service requirements for certain probate notices.
- Provides that a testator or a testator’s agent may send written notice of the existence of a will to certain persons.
- Provides that if a testator’s will includes a provision exercising a power of appointment, the testator or the testator’s agent may notify certain persons of the existence of the will.
- Provides that a written notice of the existence of a will contains certain information.
- Provides for a procedure to contest certain wills. Provides that if a notice to contest the validity of a trust pertains to a trust created by a settlor who is still living, a complete copy of the trust instrument must be sent with the notice to each recipient.
- Sets forth certain complaint and notice requirements if a trust is being contested.
- Allows a court to increase, decrease, or waive the bond amount that: (1) a nonresident personal representative; or (2) a personal representative who becomes a nonresident; is to file in order to administer an unsupervised estate.
- Sets forth the requirements for: (1) a verified petition for a confidential health disclosure order; and (2) the court procedures after the verified petition is filed.
- Provides that if a settlor revokes a revocable trust and the trustee does not deliver the trust property, the remaining trust property becomes part of the revoking settlor’s probate estate.
- Provides that certain grantors are entitled to reimbursement from a trust for certain taxes.
- Provides that an individual may execute certain authority for an application for public benefits on behalf of the individual.
- Sets forth requirements for the enforcement of a portability agreement contained within a premarital agreement or post-marital agreement.
- Makes conforming and clarifying changes. Read the bill at: https://iga.in.gov/legislative/2023/bills/senate/287