IN SB0169 | 2011 | Regular Session

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: Passed on May 17 2011 - 100% progression
Action: 2011-05-18 - SECTIONS 6 through 16 effective 04/20/2011
Text: Latest bill text (Enrolled) [HTML]

Summary

Provides that joint owners and other entities that own motor vehicles and watercraft may transfer title to a motor vehicle or watercraft as a transfer on death transaction. (Current law restricts the procedures to individuals who are the sole owners of motor vehicles or watercraft.) Specifies that in the case of an unsupervised estate in which it has been determined that a decedent died intestate, a will may not be probated unless it is presented before a closing statement is filed. Provides that the will of a decedent may be presented to the court for probate and admitted to probate at any time if no estate proceedings have been commenced for the decedent and an asset of the decedent remains titled or registered in the name of the decedent, and that the will may be probated for the sole purpose of transferring ownership of the asset. Provides that a domiciliary foreign personal representative may exercise all powers of a local unsupervised personal representative. Defines "discretionary interest". Specifies that real property transferred to matrimonial trusts for estate planning purposes continues to enjoy the ownership protection of real property owned as joint tenants by the entireties. Provides that the terms of a matrimonial trust may restrict the transfer of matrimonial property. Specifies when property continues to be matrimonial property despite a settlor's death, when claims against the property are barred, and when matrimonial trusts cease to be matrimonial trusts. Specifies that the transfer at death of an individual retirement account or a similar account or plan or of benefits under an employee benefit plan is not considered a nonprobate transfer. Provides that the transfer on death act does not apply to certain transfers of retirement or employee benefits. Provides that the endorsement of the county auditor is not necessary to record a transfer on death deed. Removes a provision stating that a surviving spouse's election to take against a will does not apply to a valid transfer on death transfer. Provides that the affidavit certifying the death of the transferor and cross-referencing the transferor's transfer on death deed must be endorsed by the county auditor in order to be recorded. Makes technical corrections. (The introduced version of this bill was prepared by the probate code study commission.)

Tracking Information

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Title

Probate, trusts, and transfer on death transfers.

Sponsors


Roll Calls

2011-04-08 - House - House - Third reading: passed (Y: 89 N: 0 NV: 0 Abs: 11) [PASS]
2011-02-03 - Senate - Senate - Reread third time: passed (Y: 48 N: 0 NV: 0 Abs: 2) [PASS]

History

DateChamberAction
2011-05-18 SECTIONS 6 through 16 effective 04/20/2011
2011-05-18 SECTIONS 4 through 5 effective 07/01/2011
2011-05-18 SECTIONS 1 through 3 effective 04/20/2011
2011-05-17 Public Law 36
2011-04-20 Signed by the Governor
2011-04-15 Signed by the President of the Senate
2011-04-13 Signed by the Speaker
2011-04-12 Signed by the President Pro Tempore
2011-04-08 Returned to the Senate without amendments
2011-04-08 Third reading: passed; Roll Call 426: yeas 89, nays 0
2011-04-07 Second reading: ordered engrossed
2011-04-05 Committee report: do pass, adopted
2011-03-28 First reading: referred to Committee on Judiciary
2011-02-03 House sponsor: Rep. Foley
2011-02-03 Referred to the House
2011-02-03 Reread third time: passed; Roll Call 66: yeas 48, nays 0
2011-01-31 Amendment 1 (Zakas), prevailed;
2011-01-31 Reread second time: amended and ordered engrossed
2011-01-27 Senator Tomes added as coauthor
2011-01-27 Placed back on second reading
2011-01-27 Third reading: call withdrawn
2011-01-25 Second reading: ordered engrossed
2011-01-24 Senator Broden added as second author
2011-01-20 Committee report: do pass, adopted
2011-01-05 First reading: referred to Committee on Judiciary
2011-01-05 Authored by Senator Zakas

Indiana State Sources


Bill Comments

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