Fabio
88 lines
7.2 KiB
Markdown
88 lines
7.2 KiB
Markdown
---
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type: "Bill"
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title: "Various probate matters."
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description: "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.)"
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jurisdiction: "us/states/in"
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legislature: "Indiana General Assembly"
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session: "2025"
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identifier: "HB 1088"
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citation: "Indiana HB 1088 (2025)"
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classification: ["bill"]
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subjects: ["COURTS; Probate Court and Proceedings", "LABOR AND EMPLOYMENT; Social Security", "TASK FORCES AND COMMITTEES; Generally", "TAXES; Estate and Inheritance Taxes"]
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status: "enacted"
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primary_sponsors: ["Chris Jeter", "Liz Brown"]
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version_count: 4
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action_count: 22
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vote_count: 3
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first_action: "2025-01-08"
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last_action: "2025-04-10"
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source: "openstates"
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source_identifier: "ocd-bill/5661706d-4a39-4dab-a6af-cb0697611c53"
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source_url: "https://api.iga.in.gov/2025/bills/hb1088"
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source_hash: "34d46591366c4439af44c8729ec673bd8e85a5f0a56a5dc522193f1444faee4c"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-in"]
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---
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# Indiana HB 1088 (2025) — Various probate matters.
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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.)
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Engrossed House Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1088/HB1088.04.ENGS.pdf)
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2. **Enrolled House Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1088/HB1088.05.ENRS.pdf)
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3. **House Bill (S)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1088/HB1088.03.COMS.pdf)
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4. **Introduced House Bill (H)** (committee substitute) — [source](https://iga.in.gov/pdf-documents/124/2025/house/bills/HB1088/HB1088.01.INTR.pdf)
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## Votes
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- HB 1088 - Jeter — **95–0** (pass) · lower
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- HB 1088 - Jeter - 3rd Reading — **89–0** (pass) · lower
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- HB 1088 - Brown L - 3rd Reading — **49–1** (pass) · upper
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## Sponsors
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- Chris Jeter — primary (person)
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- Liz Brown — primary (person)
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- Alex Zimmerman — coauthor (person)
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- Eric Koch — cosponsor (person)
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- Robert Morris — coauthor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-01-08** First reading: referred to Committee on Judiciary `reading-1, referral-committee`
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- **2025-01-08** Authored by Representative Jeter
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- **2025-01-21** Committee report: amend do pass, adopted `committee-passage`
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- **2025-01-27** Second reading: ordered engrossed `reading-2`
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- **2025-01-28** Third reading: passed; Roll Call 24: yeas 89, nays 0 `passage, reading-3, reading-3`
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- **2025-01-28** Senate sponsor: Senator Brown L
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- **2025-01-28** Cosponsor: Senator Koch
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- **2025-01-28** Representatives Morris and Zimmerman added as coauthors
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- **2025-01-29** Referred to the Senate `referral`
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- **2025-02-18** First reading: referred to Committee on Judiciary `reading-1, referral-committee`
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- **2025-03-06** Committee report: do pass, adopted `committee-passage`
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- **2025-03-10** Amendment #1 (Brown L) prevailed; voice vote `amendment-passage`
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- **2025-03-10** Second reading: amended, ordered engrossed `reading-2`
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- **2025-03-12** Returned to the House with amendments `receipt`
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- **2025-03-11** Third reading: passed; Roll Call 224: yeas 49, nays 1 `passage, reading-3, reading-3`
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- **2025-03-20** Motion to concur filed `filing`
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- **2025-03-24** House concurred with Senate amendments; Roll Call 302: yeas 95, nays 0
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- **2025-03-27** Signed by the Speaker `passage`
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- **2025-03-27** Signed by the President Pro Tempore `passage`
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- **2025-04-03** Signed by the President of the Senate `passage`
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- **2025-04-10** Signed by the Governor `executive-signature`
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- **2025-04-10** Public Law 50 `became-law`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/5661706d-4a39-4dab-a6af-cb0697611c53`. Confidence: reported (aggregated from official Indiana legislature records).
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