Indiana House Bill 1255 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: Passed on April 29 2021 - 100% progression
Action: 2021-04-29 - Public Law 185
Text: Latest bill text (Enrolled) [PDF]

Probate and property matters. Provides that a testator may execute a will in two or more counterparts. Specifies certain requirements for a will executed in two or more counterparts. Provides that a self-proving clause may be incorporated into or affixed to a will. Specifies certain requirements for self-proving clauses and wills. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of a will. Exempts a will from the need for a recertification or a reexecution in certain instances. Specifies certain requirements concerning the execution of an electronic will. Allows an attorney or paralegal to supervise the execution of an electronic will. Exempts electronic wills from the need for recertification or reexecution in certain instances. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of an electronic will. Specifies certain requirements concerning the execution of a power of attorney. Allows a power of attorney to be executed in two or more counterparts. Specifies certain requirements for the execution of a power of attorney in two or more counterparts. Allows a self-proving clause to be incorporated into or affixed to a power of attorney. Specifies certain requirements for self-proving clauses incorporated into or affixed to a power of attorney. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of a power of attorney. Provides that an electronically signed and notarized electronic power of attorney is valid if the electronic power of attorney complies with certain specified requirements. Specifies certain requirements for attesting witnesses involved in the execution of a power of attorney or an electronic power of attorney. Allows a self-proving clause to be incorporated into or affixed to a power of attorney. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of an electronic power of attorney. Provides that certain persons are ineligible to sign certain trust instruments. Requires certain transfer on death conveyances to occur in the presence of a disinterested witness. Repeals certain provisions concerning mortgages, conveyances, and other written instruments that are executed in a foreign country. Repeals certain provisions concerning the affixing of a private seal or ink scroll on certain conveyances involving land or interests in land. Specifies certain requirements concerning land conveyances performed by attorneys in fact. Requires certain notarial acts to accompany the recording of certain conveyances. Requires an English translation for certain instruments, acknowledgments, and proofs when the original document is not in English. Repeals a provision concerning the recording of a conveyance, mortgage, or other instrument in a county other than the county where the conveyance, mortgage, or other instrument is required to be recorded. Repeals a provision concerning the recording of a conveyance that is acknowledged outside Indiana but within the United States. Specifies: (1) certain prerequisites; and (2) a certain form; for the recording of certain instruments. Repeals a provision concerning the receipt of an acknowledgment by a public officer. Specifies that an instrument's acknowledgment or proof is incomplete when an instrument does not include an accompanying certificate. Provides that the transcript of an instrument that is recorded without a certificate cannot be read into or received as evidence. Specifies requirements concerning electronic recording of certain instruments concerning real property. Requires county recorders to implement specified functions concerning the: (1) acceptance; (2) receipt; (3) indexing; (4) storage; (5) archiving; and (6) transmittal; of electronically recorded instruments. Specifies certain requirements concerning the recording of a paper or tangible copy of an electronic instrument. Repeals a provision concerning the acknowledgment of certain instruments and the performance of certain notarial acts for a person serving in the armed forces, merchant marine, or outside the United States in connection with a wartime activity. Repeals provisions concerning: (1) certain notarial acts; and (2) acknowledgments; and their respective uses as prima facie evidence. Repeals a provision concerning certain executed instruments and a failure to state the location of the instrument's execution or any accompanying acknowledgment, if applicable. Provides that certain notarial acts are considered to have been performed in Indiana when certain specified criteria are met. Requires a county recorder's office to provide notice of office closures that last three or more days. Defines certain terms. Makes conforming amendments. Removes sections that conflict with HEA 1056. Makes a technical correction.

Probate and property matters.

Rep. John Young [R]	Rep. Gerald Torr [R]	Rep. Ryan Hatfield [D]	Sen. Aaron Freeman [R]
Sen. Eric Koch [R]	Sen. Lonnie Randolph [D]

2021-04-01 - House - House - House concurred in Senate amendments (Y: 84 N: 1 NV: 5 Abs: 10) [PASS]
2021-03-23 - Senate - Senate - Third reading (Y: 41 N: 8 NV: 0 Abs: 1) [PASS]
2021-03-17 - Senate - Senate - Committee Vote (Y: 7 N: 1 NV: 0 Abs: 0) [PASS]
2021-02-01 - House - House - Third reading (Y: 95 N: 1 NV: 1 Abs: 3) [PASS]
2021-01-25 - House - House - Committee Vote (Y: 9 N: 0 NV: 0 Abs: 4) [PASS]

Date	Chamber	Action
2021-04-29	House	Public Law 185
2021-04-29	House	Signed by the Governor
2021-04-28	Senate	Signed by the President of the Senate
2021-04-08	Senate	Signed by the President Pro Tempore
2021-04-07	House	Signed by the Speaker
2021-04-01	House	House concurred in Senate amendments; Roll Call 344: yeas 84, nays 1
2021-03-31	House	Motion to concur filed
2021-03-24	Senate	Returned to the House with amendments
2021-03-23	Senate	Senator Koch added as second sponsor
2021-03-23	Senate	Third reading: passed; Roll Call 261: yeas 41, nays 8
2021-03-22	Senate	Second reading: ordered engrossed
2021-03-18	Senate	Committee report: amend do pass, adopted
2021-03-16	Senate	Senator Randolph added as cosponsor
2021-02-18	Senate	First reading: referred to Committee on Judiciary
2021-02-02	House	Referred to the Senate
2021-02-01	House	Senate sponsor: Senator Freeman
2021-02-01	House	Third reading: passed; Roll Call 27: yeas 95, nays 1
2021-01-28	House	Representative Hatfield added as coauthor
2021-01-28	House	Second reading: ordered engrossed
2021-01-26	House	Committee report: amend do pass, adopted
2021-01-14	House	First reading: referred to Committee on Judiciary
2021-01-14	House	Coauthored by Representative Torr
2021-01-14	House	Authored by Representative Young J

Type	Source
Summary	https://iga.in.gov/legislative/2021/bills/house/1255/details
Text	http://iga.in.gov/static-documents/c/c/a/9/cca94ccf/HB1255.01.INTR.pdf
Text	http://iga.in.gov/static-documents/5/3/2/e/532e1cba/HB1255.01.INTR.pdf
Text	http://iga.in.gov/static-documents/c/2/a/d/c2ad2303/HB1255.02.COMH.pdf
Text	http://iga.in.gov/static-documents/1/0/9/7/1097ba32/HB1255.02.COMH.pdf
Text	http://iga.in.gov/static-documents/b/a/1/1/ba11e8e6/HB1255.03.COMS.pdf
Text	http://iga.in.gov/static-documents/a/f/8/7/af87944e/HB1255.03.COMS.pdf
Text	http://iga.in.gov/static-documents/2/c/f/7/2cf7f99a/HB1255.04.ENRS.pdf
Supplement	http://iga.in.gov/static-documents/2/b/9/4/2b94ec5a/HB1255.01.INTR.FN001.pdf
Supplement	http://iga.in.gov/static-documents/a/a/b/2/aab292f4/HB1255.02.COMH.FN001.pdf
Supplement	http://iga.in.gov/static-documents/3/1/1/3/31131abe/HB1255.01.INTR.CRH001.pdf
Supplement	http://iga.in.gov/static-documents/e/7/6/9/e7692efb/HB1255.02.COMH.FN002.pdf
Supplement	http://iga.in.gov/static-documents/d/f/5/8/df58c4b9/HB1255.02.COMH.FN003.pdf
Supplement	http://iga.in.gov/static-documents/8/f/3/c/8f3cf07b/HB1255.02.COMH.CRS001.pdf
Supplement	http://iga.in.gov/static-documents/b/c/0/7/bc07aeeb/HB1255.03.COMS.FN001.pdf
Supplement	http://iga.in.gov/static-documents/0/1/9/d/019d92aa/HB1255.03.COMS.FN002.pdf
Supplement	http://iga.in.gov/static-documents/7/8/f/a/78fa0b51/HB1255.03.COMS.FN003.pdf
Supplement	http://iga.in.gov/static-documents/8/e/f/9/8ef9d402/HB1255.03.COMS.CON01.pdf
Supplement	http://iga.in.gov/static-documents/7/a/8/7/7a878716/HB1255.04.ENRS.FN001.pdf
Roll Call	http://iga.in.gov/static-documents/3/b/9/9/3b992410/HB1255.01.INTR.00.pdf
Roll Call	http://iga.in.gov/static-documents/3/e/6/d/3e6d5273/HB1255.27_H.pdf
Roll Call	http://iga.in.gov/static-documents/c/7/6/f/c76ffb38/HB1255.02.COMH.00.pdf
Roll Call	http://iga.in.gov/static-documents/4/5/2/c/452c79de/HB1255.261_S.pdf
Roll Call	http://iga.in.gov/static-documents/d/a/a/4/daa4b45d/HB1255.344_H.pdf