LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6175 NOTE PREPARED: Jan 18, 2022
BILL NUMBER: HB 1208 BILL AMENDED:
SUBJECT: Various Probate and Trust Matters.
FIRST AUTHOR: Rep. Young J BILL STATUS: 2
nd
Reading - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: The bill in one instance in the law on health care advance directives, changes the
word "testator" to "declarant". It amends several provisions relating to the filing of notices to make those
provisions consistent with Rules of Trial Procedure 86 and 87 concerning electronic filing.
It resolves inconsistencies in two sections of the chapter on dispensing with administration so that those
sections authorize a fiduciary to distribute and disburse the estate assets before filing a closing statement.
It authorizes the appointment of a special administrator under certain circumstances and establishes a
procedure for the appointment of a special administrator for the purpose of pursuing a claim for a decedent's
wrongful death.
In a section concerning the filing of an electronic will, it replaces an incorrect reference with a reference to
the Rules on Access to Court Records.
It provides that a video or audio recording of a principal who executes a power of attorney may be admissible
as evidence of matters relevant to the validity or enforceability of the power of attorney.
It provides that any objection to a final account and petition for distribution of a decedent's estate must be
filed at least 14 days before the hearing date.
It eliminates references to a trustee "docketing" a trust and identifies permissible methods for the filing of
a copy of a trust instrument with a court. It amends two definitions of "electronic power of attorney" to
provide that an electronic power of attorney may be signed in the presence of witnesses instead of being
HB 1208 1 notarized.
It also makes technical corrections. (The introduced version of this bill was prepared by the Probate Code
Study Commission.)
Effective Date: July 1, 2022.
Explanation of State Expenditures:
Explanation of State Revenues:
Explanation of Local Expenditures: Courts: The bill could increase the workload of the court to hold
additional hearings. It may also require more court time and resources to appoint a special administrator for
a decedent’s wrongful death claim.
The bill also requires the clerk to provide to notice to all interested parties that a petition for appointment
of a special administrator has been filed and will be acted upon by the court.
Explanation of Local Revenues:
State Agencies Affected:
Local Agencies Affected: Probate court.
Information Sources:
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1208 2