Indiana 2024 Regular Session Status: Enacted 5 R cosponsors

SB 18 — Various probate matters.

Last action — Signed by the Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 08, 2024. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    4 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Expands the definition of a "health care representative". Creates a procedure to transfer the interest of certain single member, limited liability companies to a legatee or heir of the member upon the member's death. Provides that certain provisions in a will or revocable trust in favor of the testator's or trust settlor's former spouse are revoked upon dissolution or annulment of the marriage. Specifies that the provisions in favor of the testator's or trust settlor's former spouse are reinstated if the testator or the settlor remarries the former spouse. Provides that a court may order a convicted felon to serve as a domiciliary personal representative under certain circumstances. Provides that a claim by the estate recovery unit is forever barred unless the estate recovery unit takes certain action against the decedent's estate not later than 120 days after the date of death of the decedent. Provides that a personal representative or a trustee is not required to distribute particular assets based upon the potential gain or loss that a distributee would realize if the assets were sold. Provides that a verified petition for the issuance of a confidential health disclosure order must state whether the alleged incapacitated person cannot provide or has refused to provide written authorization for disclosure of certain medical information. Provides that a document creating a power of attorney that does not contain a notary and preparation statement may be recorded with the county recorder if the document meets certain criteria. Provides signature formats for an attorney in fact to use when signing an instrument on behalf of a principal. Provides recording requirements when including cross-references to a previously recorded document. Requires the endorsement of the county auditor to record a transfer on death deed and instrument. Specifies who an owner may designate as a grantee in a beneficiary designation instrument. Clarifies the form and scope of a transfer on death instrument. Resolves a technical conflict with HEA 1034-2024. Makes conforming and technical changes. (The introduced version of this bill was prepared by the probate code study commission.)

Bill Text

We don't have the full text on file for this bill yet.

Read SB 18 on the official Indiana source →

Action History

  1. Signed by the Governor

  2. Public Law 99

  3. Signed by the President of the Senate

  4. Signed by the Speaker

  5. Signed by the President Pro Tempore

  6. Conference Committee Report 1: adopted by the Senate; Roll Call 299: yeas 46, nays 2

  7. CCR # 1 filed in the House

  8. CCR # 1 filed in the Senate

  9. Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 307: yeas 92, nays 0

  10. House advisors appointed: Jeter, Zimmerman and Garcia Wilburn

  11. House conferees appointed: Torr and Bauer M

  12. Senate conferees appointed: Brown L and Pol

  13. Senate dissented from House amendments

  14. Motion to dissent filed

  15. Senate advisors appointed: Randolph Lonnie M and Carrasco

  16. Returned to the Senate with amendments

  17. Third reading: passed; Roll Call 214: yeas 93, nays 0

  18. Second reading: ordered engrossed

  19. Committee report: amend do pass, adopted

  20. Representatives Jeter and Steuerwald added as cosponsors

  21. First reading: referred to Committee on Judiciary

  22. Referred to the House

  23. Third reading: passed; Roll Call 41: yeas 49, nays 0

  24. House sponsor: Representative Torr

  25. Senator Carrasco added as third author

  26. Second reading: ordered engrossed

  27. Committee report: amend do pass, adopted

  28. Senator Koch added as second author

  29. First reading: referred to Committee on Judiciary

  30. Authored by Senator Brown L

Sponsors

Sponsorship breakdown

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4 sponsors · 2 co-sponsors · 144 not signed on

Sponsors (4)

Co-sponsors (2)

Not signed on (144)

144 members have not signed on to this bill.

Show all 144 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 18 do?
Expands the definition of a "health care representative". Creates a procedure to transfer the interest of certain single member, limited liability companies to a legatee or heir of the member upon the member's death. Provides that certain provisions in a will or revocable trust in favor of the testator's or trust settlor's former spouse are revoked upon dissolution or annulment of the marriage. Specifies that the provisions in favor of the testator's or trust settlor's former spouse are reinstated if the testator or the settlor remarries the former spouse. Provides that a court may order a convicted felon to serve as a domiciliary personal representative under certain circumstances. Provides that a claim by the estate recovery unit is forever barred unless the estate recovery unit takes certain action against the decedent's estate not later than 120 days after the date of death of the decedent. Provides that a personal representative or a trustee is not required to distribute particular assets based upon the potential gain or loss that a distributee would realize if the assets were sold. Provides that a verified petition for the issuance of a confidential health disclosure order must state whether the alleged incapacitated person cannot provide or has refused to provide written authorization for disclosure of certain medical information. Provides that a document creating a power of attorney that does not contain a notary and preparation statement may be recorded with the county recorder if the document meets certain criteria. Provides signature formats for an attorney in fact to use when signing an instrument on behalf of a principal. Provides recording requirements when including cross-references to a previously recorded document. Requires the endorsement of the county auditor to record a transfer on death deed and instrument. Specifies who an owner may designate as a grantee in a beneficiary designation instrument. Clarifies the form and scope of a transfer on death instrument. Resolves a technical conflict with HEA 1034-2024. Makes conforming and technical changes. (The introduced version of this bill was prepared by the probate code study commission.)
Who sponsors SB 18?
SB 18 is sponsored by Gregory Steuerwald (Republican), Chris Jeter (Republican), Jerry Torr, Cyndi Carrasco (Republican), Eric Koch (Republican), and Liz Brown (Republican).
What is the current status of SB 18?
This bill has been enacted into law. Introduced January 08, 2024. Enacted.
Where can I track SB 18?
Track SB 18 free on One Click Politics — get push/email alerts when it moves.

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