IN SB0036 | 2014 | Regular Session

Status

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on March 24 2014 - 100% progression
Action: 2014-03-24 - Public Law 51
Text: Latest bill text (Enrolled) [PDF]

Summary

Provides that a petition or other document filed in court by a personal representative in an estate proceeding with a written consent to the petition or other document or a written waiver of notice of the proceedings in the estate is not required to include a statement that the personal representative delivered a copy of the petition or other document to each person whose written consent or waiver of notice of proceedings was presented to the court, if the petition or other document contains a statement by the person whose signature appears on the consent or waiver: (1) identifying the petition or other document; and (2) affirming that the person has received a copy of the petition or other document and had a reasonable time to read and understand the petition or other document before signing the consent or waiver. Requires a party contesting the validity of a will to serve a copy of the complaint on the counsel for the personal representative. Provides that the court may not enter a default judgment for the contesting party unless proof of service on the counsel for the personal representative is made to the court. Specifies that the procedures for dispensing with the administration of small estates are available to distributees and persons acting on behalf of distributees rather than persons claiming to be entitled to payment from the decedent's estate. Provides for an enforcement action against a person who does not comply with a fiduciary's demand or instruction. Allows a court to award attorney's fees and costs in certain enforcement proceedings. Provides that payments on liens paid with respect to a probate distribution are charged to the beneficiaries of the distribution unless the will provides expressly or by necessary implication that the

Tracking Information

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Title

Probate, trust, and transfer on death matters.

Sponsors


Roll Calls

2014-02-24 - House - House Floor - (Y: 97 N: 0 NV: 1 Abs: 2) [PASS]
2014-02-17 - House - House Committee on Judiciary - Roll Call 003603 (Y: 10 N: 0 NV: 0 Abs: 3) [PASS]
2014-02-03 - Senate - Senate - Third reading: Passed: (Y: 47 N: 0 NV: 1 Abs: 2) [PASS]
2014-01-15 - Senate - Senate Committee on Judiciary - Roll Call 003601 (Y: 9 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2014-03-24SenatePublic Law 51
2014-03-24SenateSigned by the Governor
2014-03-05SenateSigned by the President Pro Tempore
2014-03-05SenateSigned by the Speaker
2014-02-24HouseRepresentative Dvorak added as cosponsor.
2014-02-24HouseReturned to the Senate without amendments
2014-02-24HouseThird reading: Passed: Roll Call 244: yeas 97 and nays 0
2014-02-20HouseSecond reading: engrossed.
2014-02-18HouseCommittee report: do pass, adopted.
2014-02-10HouseFirst Reading: Referred to Judiciary
2014-02-03SenateRepresentative Washburne added as cosponsor.
2014-02-03SenateRepresentative Koch added sponsor.
2014-02-03SenateReferred to the House
2014-02-03SenateThird reading: Passed: Roll Call 100: yeas 47 and nays 0
2014-01-30SenateSecond reading: amended, ordered engrossed
2014-01-30SenateSB 36 Amendment #1 (Delph), prevailed.
2014-01-21SenateSenator Randolph added as coauthor.
2014-01-16SenateCommittee report: do pass, adopted.
2014-01-07SenateFirst Reading: Referred to Judiciary
2014-01-07SenateAuthored by Senator Delph, Zakas

Indiana State Sources

TypeSource
Summaryhttps://iga.in.gov/legislative/2014/bills/senate/36/details
Texthttp://iga.in.gov/static-documents/f/d/1/9/fd19759f/SB0036.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/5/a/c/6/5ac616c9/SB0036.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/9/d/2/c/9d2c2dec/SB0036.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/6/9/7/1/69712461/SB0036.02.COMS.pdf
Texthttp://iga.in.gov/static-documents/4/6/2/8/4628ffca/SB0036.03.ENGS.pdf
Texthttp://iga.in.gov/static-documents/e/c/0/3/ec0378a7/SB0036.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/2/a/3/f/2a3f3d91/SB0036.04.COMH.pdf
Texthttp://iga.in.gov/static-documents/f/2/9/e/f29e4ad4/SB0036.05.ENRS.pdf
Roll Callhttp://iga.in.gov/static-documents/9/7/0/7/9707c9a0/SB0036.01.INTR.pdf
Roll Callhttp://iga.in.gov/static-documents/4/4/3/5/4435a93a/SB0036.03.ENGS.100.pdf
Roll Callhttp://iga.in.gov/static-documents/9/2/9/3/92934ce0/SB0036.03.ENGS.pdf
Roll Callhttp://iga.in.gov/static-documents/8/7/9/9/879991e0/SB0036.04.COMH.244.pdf

Bill Comments

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