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Legislative Update

Various probate and trust matters

May 30, 2023 Filed Under: Probate

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

Filed Under: Probate Tagged With: estates, trusts, wills

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