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: Feb 28, 2022
BILL NUMBER: HB 1208 BILL AMENDED: Feb 14, 2022
SUBJECT: Various Probate and Trust Matters.
FIRST AUTHOR: Rep. Young J BILL STATUS: Enrolled
FIRST SPONSOR: Sen. Freeman
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
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.
It in a section concerning the filing of an electronic will, 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 provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an
unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received
by the culpable person. It also includes a married individual who does not have any dependents and whose
death was caused by a spouse within the definition of "adult person" for the purpose of a wrongful death
action.
It makes conforming changes. 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: Court Fee Revenue: If additional civil actions occur and court fees are
collected, revenue to the state General Fund may increase. A civil costs fee of $100 would be assessed when
a civil case is filed, 70% of which would be deposited in the state General Fund if the case is filed in a court
of record or 55% if the case is filed in a city or town court.
In addition, some or all of the judicial salaries fee ($20), public defense administration fee ($5), court
administration fee ($5), and the judicial insurance adjustment fee ($1) are deposited into the state General
Fund. The proceeds from the automated record keeping fee ($20) are deposited into the State User Fee Fund.
Additional fees may be collected at the discretion of the judge and depending upon the particular type of
case.
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: Court Fee Revenue: If additional civil actions occur, local governments
would receive revenue from the following sources. The county general fund would receive 27% of the $100
civil costs fee that is assessed in a court of record. Cities and towns maintaining a law enforcement agency
that prosecutes at least 50% of its ordinance violations in a court of record may receive 3% of court fees. If
the case is filed in a city or town court, 20% of the court fee would be deposited in the county general fund
and 25% would be deposited in the city or town general fund. Additional fees may be collected at the
discretion of the judge, depending upon the particular type of case.
Persons filing a civil case are also required to pay the following fees that are deposited in local funds.
The document storage fee ($5) is deposited into the clerk record perpetuation fund.
The following fees are deposited into the general fund of the county in which the court is located:
HB 1208 2 • Document fees ($1 per page) are charged for preparing transcripts or copies of record or certificate
under seal.
• A civil garnishee defendant service fee ($10) is collected from the filing party for each defendant
beyond the first three garnishee defendants cited in the lawsuit.
State Agencies Affected:
Local Agencies Affected: Probate courts, trial courts, city and town courts.
Information Sources:
Fiscal Analyst: Corrin Harvey, 317-234-9438.
HB 1208 3