H.E.A.1088 , P.L. 50-2025
Effective: July 1, 2025
- 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.
Read the bill at: https://iga.in.gov/legislative/2025/bills/house/1088