HB 1088 — Various probate matters.
Last action — Public Law 50
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 08, 2025. Enacted.
Signed by Governor Mike Braun (Republican) on April 10, 2025.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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5 sponsors
2 primary, 3 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (5 R).
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
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.)
Bill Text
We don't have the full text on file for this bill yet.
Read HB 1088 on the official Indiana source →Action History
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Public Law 50
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Signed by the Governor
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Signed by the President of the Senate
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Signed by the President Pro Tempore
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Signed by the Speaker
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House concurred with Senate amendments; Roll Call 302: yeas 95, nays 0
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Motion to concur filed
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Returned to the House with amendments
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Third reading: passed; Roll Call 224: yeas 49, nays 1
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Second reading: amended, ordered engrossed
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Amendment #1 (Brown L) prevailed; voice vote
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Committee report: do pass, adopted
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First reading: referred to Committee on Judiciary
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Referred to the Senate
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Representatives Morris and Zimmerman added as coauthors
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Cosponsor: Senator Koch
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Senate sponsor: Senator Brown L
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Third reading: passed; Roll Call 24: yeas 89, nays 0
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Second reading: ordered engrossed
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Committee report: amend do pass, adopted
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Authored by Representative Jeter
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First reading: referred to Committee on Judiciary
Sponsors
- Eric Koch · Cosponsor
- Liz Brown · Primary
- Alex Zimmerman · Cosponsor
- Robert Morris · Cosponsor
- Chris Jeter · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 3 co-sponsors · 145 not signed on
Sponsors (2)
- Liz Brown Republican
- Chris Jeter Republican
Co-sponsors (3)
- Eric Koch Republican
- Alex Zimmerman Republican
- Robert Morris Republican
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"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.
Subjects
Frequently asked questions
- What does HB 1088 do?
- 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.)
- Who sponsors HB 1088?
- HB 1088 is sponsored by Eric Koch (Republican), Liz Brown (Republican), Alex Zimmerman (Republican), Robert Morris (Republican), and Chris Jeter (Republican).
- What is the current status of HB 1088?
- This bill has been enacted into law. Introduced January 08, 2025. Enacted.
- Where can I track HB 1088?
- Track HB 1088 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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