Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2021 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1208
AN ACT to amend the Indiana Code concerning probate.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-36-7-19, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2022 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 19. (a) As used in this chapter and with respect to
interactions between a declarant and a witness who signs or
participates in the signing of an advance directive or other document
under this chapter, "presence", "present", and "to be present" means
that throughout the process of signing and witnessing the advance
directive or other document the following must occur:
(1) The declarant and the witness are:
(A) directly present with each other in the same physical
space;
(B) able to interact with each other in real time through the use
of any audiovisual technology now known or later developed;
or
(C) able to speak to and hear each other in real time through
telephonic interaction when:
(i) the identity of the declarant is personally known to the
witness;
(ii) the witness is able to view a government issued,
photographic identification of the declarant; or
(iii) the witness is able to ask any question of the declarant
that authenticates the identity of the declarant and
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establishes the capacity and sound mind of the declarant to
the satisfaction of the witness.
(2) The witnesses are able to positively identify the declarant by
viewing a government issued, photographic identification of the
declarant, or by receiving accurate answers from the declarant
that authenticate the identity of the declarant and establish the
capacity and sound mind of the declarant to the satisfaction of the
witness.
(3) Each witness is able to interact with the declarant and each
other witness, if any, by observing:
(A) the declarant's expression of intent to execute an advance
directive or other document under this chapter;
(B) the declarant's actions in executing or directing the
execution of the advance directive or other document under
this chapter; and
(C) the actions of each other witness in signing the advance
directive or other document.
The requirements of subdivisions (2) and (3) are satisfied even if the
declarant and one (1) or all witnesses use technology to assist with one
(1) or more of the capabilities of hearing, eyesight, or speech to
compensate for impairments of any one (1) or more of those
capabilities.
(b) As used in this chapter and with respect to interactions between
a declarant and a notarial officer who signs or participates in the
signing of an advance directive or other document under this chapter,
"presence", "present", and "to be present" means that throughout the
process of signing, acknowledging, and notarizing the advance
directive or other document the following must occur:
(1) The declarant and the notarial officer are:
(A) directly present with each other in the same physical
space; or
(B) able to interact with each other in real time through the use
of any audiovisual technology, now known or later developed,
whose use complies with IC 33-42.
(2) The notarial officer is able to positively identify the declarant
by using an identity proofing method permitted under
IC 33-42-0.5-16.
(3) Each witness or the notarial officer is able to interact with the
declarant and each other witness, if any, by observing the
declarant's:
(A) expression of intent to execute an advance directive or
other document under this chapter; and
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(B) actions in executing or directing the execution of the
advance directive or other document under this chapter.
If the declarant appears before the notarial officer in a manner that
satisfies the definitions of "appear" and "appearance" as defined in
IC 33-42-0.5, IC 33-42-0.5-3, then the declarant and the notarial
officer satisfy the presence requirement described in this chapter. The
requirements specified in subdivisions (2) and (3) are satisfied even if
the testator declarant and the notarial officer use technology to assist
with one (1) or more of the capabilities of hearing, eyesight, or speech
to compensate for impairments of any one (1) or more of those
capabilities.
SECTION 2. IC 29-1-1-12, AS AMENDED BY P.L.95-2007,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 12. (a) Unless waived and except as otherwise
provided by law, all notices required by this article to be served upon
any person shall be served as the court shall direct by rule or in a
particular case, by:
(1) delivering a copy of the notice to the person or by leaving a
copy of the notice at the person's last and usual place of residence,
at least ten (10) days before the hearing, if the person is a resident
of the state of Indiana;
(2) publication, if the person is a nonresident of the state of
Indiana or if the person's residence is unknown, once each week
for three (3) weeks consecutively in a newspaper printed and
circulating in the county where the court is held, the first day of
publication to be at least thirty (30) days prior to the date set for
hearing; or in case there is no newspaper printed in the county,
then in a newspaper circulating in the county where the
proceeding is pending, and designated by the judge or clerk;
(3) first class postage prepaid mail addressed to the person
located in the United States, at the person's address stated in the
petition for the hearing, to be posted by depositing in any United
States post office in this state at least fourteen (14) days prior to
the date set for hearing in the notice;
(4) personal service on nonresidents to be served by any officer
authorized to serve process in the county of the nonresident,
which notice shall be served at least fourteen (14) days prior to
the date set for hearing in such notice; or
(5) any combination of two (2) or more of the above.
(b) In all cases where service by publication is ordered but personal
service or service by registered mail is not ordered, all persons directed
by the provisions of this article, or by order of the court, to be notified,
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whose names and addresses are known or can by reasonable diligence
be ascertained by the party charged with the duty of giving notice, shall
in addition to the published notice required by order, be served by a
written notice by United States first class postage prepaid mail at least
fourteen (14) days prior to the date set for hearing in the notice.
(c) The personal representative or party charged with the duty of
giving notice shall furnish the clerk with sufficient copies of the notice,
prepared for mailing, and the clerk shall mail the notice.
SECTION 3. IC 29-1-1-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 13. Service by
publication and by mail shall be made by the clerk at the instance of the
party who requires such service to be made. Personal service may be
made by any competent person unless otherwise directed by the court
or the provisions of this article.
SECTION 4. IC 29-1-1-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 16. Proof of service in
all cases requiring notice, whether by publication, mailing or otherwise,
shall be filed before the hearing. Service made by a private person shall
be proved by the affidavit of the person; service made by the clerk or
other an official shall be proved by certificate or return of service.
SECTION 5. IC 29-1-2-12.1, AS AMENDED BY P.L.238-2005,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 12.1. (a) A person is a constructive trustee of any
property that is acquired by the person or that the person is otherwise
entitled to receive as a result of an individual's death, including
property from a trust, if that person has been found guilty, or guilty but
mentally ill, of murder, causing suicide, or voluntary manslaughter,
because of the individual's death. The following definitions apply
throughout this section:
(1) "Culpable person" means any of the following:
(A) A person who:
(i) has been charged with causing an unlawful death; and
(ii) is found guilty, or guilty but mentally ill, on a charge
of causing an unlawful death under a guilty plea or
guilty verdict under IC 35-35-1 or IC 35-36-2.
(B) A person who is determined by a preponderance of the
evidence in a civil action to have knowingly or intentionally
caused an unlawful death.
(C) The estate of a person who:
(i) is described in clause (A) or (B); and
(ii) died after causing an unlawful death.
(2) "Decedent" means the victim of an unlawful death.
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(3) "Unlawful death" means a death resulting from murder,
voluntary manslaughter, or suicide caused by a person other
than the decedent. The term includes a death resulting from
an offense under IC 35-42-1-1, IC 35-42-1-2, or IC 35-42-1-3.
(b) A judgment of conviction is conclusive in a subsequent civil
action to have the a culpable person declared a constructive trustee
under subsection (e).
(c) A culpable person is a constructive trustee of any property
that is acquired by the culpable person or that the culpable person
is entitled to receive as a result of an unlawful death, including the
following:
(1) Property from a trust.
(2) Property from a transfer on death transfer under
IC 32-17-14.
(3) Proceeds under a policy or certificate of life insurance on
the life of the decedent, if the culpable person:
(A) is a beneficiary; and
(B) would otherwise be entitled to receive the proceeds;
under the policy or certificate.
(4) Proceeds under a policy or certificate of life insurance on
the life of the culpable person, if the decedent:
(A) was a beneficiary; and
(B) would otherwise be entitled to receive the proceeds;
under the policy or certificate.
(5) The decedent's interest in joint tenancy property that
would otherwise pass by survivorship to the culpable person
as a result of the decedent's death.
(6) Property passing under a contractual agreement upon the
decedent's death.
(d) If a culpable person dies after causing an unlawful death, life
insurance proceeds that would otherwise be subject to a
constructive trust under subsection (c)(3) or (c)(4) may be paid in
the same manner as the life insurance proceeds would be paid if the
culpable person had predeceased the decedent.
(b) (e) A civil action may be initiated by an interested person to
have a culpable person declared a constructive trustee of property that
is acquired by the culpable person, or that the culpable person is
otherwise entitled to receive including property from a trust, as a result
of an individual's death, if: unlawful death.
(1) the person has been charged with murder, causing suicide, or
voluntary manslaughter, because of the individual's death; and
(2) the person has been found not responsible by reason of
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insanity at the time of the crime.
If a civil action is initiated under this subsection, the court shall declare
that the culpable person is a constructive trustee of the property if by
a preponderance of the evidence it is determined that the culpable
person killed or caused the suicide of the individual. unlawful death.
(c) (f) If a constructive trust is established under this section, the
property that is subject to the trust may be used only to benefit those
persons, other than the culpable person and constructive trustee,
legally entitled to the property, determined as if the constructive trustee
had died immediately before the decedent. However, if any property
that the constructive trustee acquired as a result of the decedent's
unlawful death has been sold to an innocent purchaser for value who
acted in good faith, that property is no longer subject to the
constructive trust, but the property received from the purchaser under
the transaction becomes subject to the constructive trust.
SECTION 6. IC 29-1-3-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 3. (a) The election to take the share
hereinbefore provided shall be in writing, signed and acknowledged by
the surviving spouse or by the guardian of his the estate and shall be
filed in the office of the clerk of the court. It may be in the following
form:
I, A.B., surviving wife (or husband) of C.D., late of the county of
____________ and state of _______, do hereby elect to take my legal
share in the estate of the said C.D. and I do hereby renounce provisions
in the will of the said C.D. inconsistent herewith.
Signed,
(Signature)
(Acknowledgment)
(b) Said election shall be recorded by such clerk in the record of
wills, marginal reference being made from such record to the book and
page in which such will is recorded, and from the record of such will
to the book and page where such election is recorded.
(c) The clerk shall cause a copy of said election to be served upon
the personal representative and his the personal representative's
attorney of record by United States through the E-filing System of the
Indiana Courts or by first class postage prepaid mail addressed to
such persons at their respective addresses as shown by the petition for
probate of will and appointment of personal representative.
SECTION 7. IC 29-1-7-7, AS AMENDED BY P.L.231-2019,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 7. (a) As soon as letters testamentary or of
administration, general or special, supervised or unsupervised, have
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been issued, the clerk of the court shall publish notice of the estate
administration shall be published.
(b) The notice required under subsection (a) shall be published in
a newspaper of general circulation, printed in the English language and
published in the county where the court is located, once each week for
two (2) consecutive weeks. A copy of the notice, with proof of
publication, shall be filed with the clerk of the court as a part of the
administration of the estate within thirty (30) days after the publication.
If no newspaper is published in the county, the notice shall be
published in a newspaper published in an adjacent county.
(c) The notice required under subsection (a) shall be served
through the E-filing System of the Indiana Courts or by first class
postage prepaid mail on each heir, devisee, legatee, and known creditor
whose name and address is set forth in the petition for probate or
letters, except as otherwise ordered by the court. The personal
representative shall furnish sufficient copies of the notice, prepared for
mailing, and the clerk of the court shall mail the notice upon the
issuance of letters.
(d) The personal representative or the personal representative's
agent shall serve notice on each creditor of the decedent:
(1) whose name is not set forth in the petition for probate or
letters under subsection (c);
(2) who is known or reasonably ascertainable within one (1)
month after the first publication of notice under subsection (a);
and
(3) whose claim has not been paid or settled by the personal
representative.
The notice may be served by mail or any other means reasonably
calculated to ensure actual receipt of the notice by a creditor. The unit
is a reasonably ascertainable creditor under this section if the decedent
was at least fifty-five (55) years of age at the time of death and dies on
or after June 30, 2018. Notice served under this section by mail to the
unit at the unit's address is reasonably calculated to ensure receipt of
the notice by the unit.
(e) Notice under subsection (d) shall be served within one (1) month
after the first publication of notice under subsection (a) or as soon as
possible after the elapse of one (1) month. If the personal representative
or the personal representative's agent fails to give notice to a known or
reasonably ascertainable creditor of the decedent under subsection (d)
within one (1) month after the first publication of notice under
subsection (a), the period during which the creditor may submit a claim
against the estate includes an additional period ending two (2) months
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after the date notice is given to the creditor under subsection (d).
However, a claim filed under IC 29-1-14-1(a) more than nine (9)
months after the death of the decedent is barred.
(f) A schedule of creditors that received notice under subsection (d)
shall be delivered to the clerk of the court as soon as possible after
notice is given.
(g) The giving of notice to a creditor or the listing of a creditor on
the schedule delivered to the clerk of the court does not constitute an
admission by the personal representative that the creditor has an
allowable claim against the estate.
(h) If any person entitled to receive notice under this section is
under a legal disability, the notice may be served upon or waived by the
person's natural or legal guardian or by the person who has care and
custody of the person.
(i) The notice shall read substantially as follows:
NOTICE OF ADMINISTRATION
In the _____________ Court of ______________ County, Indiana.
Notice is hereby given that _________ was, on the ____ day of
______, 20 __, appointed personal representative of the estate of
_________, deceased, who died on the ___ day of ________, 20 __.
All persons who have claims against this estate, whether or not now
due, must file the claim in the office of the clerk of this court within
three (3) months from the date of the first publication of this notice, or
within nine (9) months after the decedent's death, whichever is earlier,
or the claims will be forever barred.
Dated at ________, Indiana, this ___ day of ______, 20 __.
_______________________________
CLERK OF THE _________ COURT
FOR _______ COUNTY, INDIANA
SECTION 8. IC 29-1-8-3, AS AMENDED BY P.L.56-2020,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. (a) As used in this section, "fiduciary" means:
(1) the personal representative of an unsupervised estate; or
(2) a person appointed by a court under this title to act on behalf
of the decedent or the decedent's distributees.
(b) Except as otherwise provided in this section, if the value of a
decedent's gross probate estate, less liens and encumbrances, does not
exceed the sum of:
(1) an amount equal to:
(A) twenty-five thousand dollars ($25,000), for the estate of an
individual who dies before July 1, 2006; and
(B) fifty thousand dollars ($50,000), for the estate of an
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individual who dies after June 30, 2006;
(2) the costs and expenses of administration; and
(3) reasonable funeral expenses;
the fiduciary, without giving notice to creditors, may file disburse and
distribute the estate to the persons entitled to it, followed by the
filing of a closing statement, as provided in section 4 of this chapter
and disburse and distribute the estate to the persons entitled to it, as
provided in section 4 of this chapter.
(c) If an estate described in subsection (a) includes real property, an
affidavit may be recorded in the office of the recorder in the county in
which the real property is located. The affidavit must contain the
following:
(1) The legal description of the real property.
(2) The following statements:
(A) If the individual dies after June 30, 2006, the following
statement: "It appears that the decedent's gross probate estate,
less liens and encumbrances, does not exceed the sum of the
following: fifty thousand dollars ($50,000), the costs and
expenses of administration, and reasonable funeral expenses.".
(B) If the individual dies before July 1, 2006, the following
statement: "It appears that the decedent's gross probate estate,
less liens and encumbrances, does not exceed the sum of the
following: twenty-five thousand dollars ($25,000), the costs
and expenses of administration, and reasonable funeral
expenses.".
(3) The name of each person entitled to at least a part interest in
the real property as a result of a decedent's death, the share to
which each person is entitled, and whether the share is a divided
or undivided interest.
(4) A statement which explains how each person's share has been
determined.
SECTION 9. IC 29-1-8-4, AS AMENDED BY P.L.56-2020,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 4. (a) As used in this section, "fiduciary" means:
(1) the personal representative of an unsupervised estate; or
(2) a person appointed by a court under this title to act on behalf
of the decedent or the decedent's distributees.
(b) Unless prohibited by order of the court and except for estates
being administered by supervised personal representatives, a fiduciary
may close an estate administered under the summary procedures of
section 3 of this chapter by disbursing and distributing the estate
assets to the distributees and other persons entitled to those assets,
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and by filing with the court, at any time after disbursement and
distribution of the estate, a verified statement stating that:
(1) to the best knowledge of the fiduciary, the value of the gross
probate estate, less liens and encumbrances, did not exceed the
sum of:
(A) twenty-five thousand dollars ($25,000), for the estate of an
individual who dies before July 1, 2006, and fifty thousand
dollars ($50,000), for the estate of an individual who dies after
June 30, 2006;
(B) the costs and expenses of administration; and
(C) reasonable funeral expenses;
(2) the fiduciary has fully administered the estate by disbursing
and distributing it to the persons entitled to it; and
(3) the fiduciary has sent a copy of the closing statement to all
distributees of the estate and to all known creditors or other
claimants of whom the fiduciary is aware and has furnished a full
accounting in writing of the administration to the distributees
whose interests are affected.
(c) If no actions, claims, objections, or proceedings involving the
fiduciary are filed in the court within two (2) months after the closing
statement is filed, the fiduciary may immediately disburse and
distribute the estate free from claims to the persons entitled to the
disbursement and distribution. After disbursing and distributing an
estate, the fiduciary must file a report in the court of the disbursement
and distribution. the closing statement filed under this section has
the same effect as one filed under IC 29-1-7.5-4, and the
appointment of the personal representative or the duties of the
fiduciary, as applicable, shall terminate. upon the filing of the report.
(d) A closing statement filed under this section has the same effect
as one (1) filed under IC 29-1-7.5-4.
(e) (d) A copy of any affidavit recorded under section 3(c) of this
chapter must be attached to the closing statement filed under this
section.
SECTION 10. IC 29-1-10-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 15. (a) A special
administrator may be appointed by the court if:
(a) (1) from any cause, delay is necessarily occasioned in granting
letters; or
(b) (2) before the expiration of the time allowed by law for issuing
letters, any competent person shall file his an affidavit with the
clerk stating that anyone is intermeddling with the estate or that
there is no one having authority to take care of the same; or
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(c) (3) if any person shall have died testate and objections to the
probate of his the person's will shall have been filed as provided
by law;
(4) the court determines that the appointment is necessary
under IC 29-1-13-16; or
(5) no personal representative has been appointed and the
appointment is sought for the sole purpose of pursuing
damages for a decedent's wrongful death after notice and
hearing as provided in section 15.5 of this chapter.
(b) The appointment of a special administrator may be for a
specified time to perform duties respecting specific property, or to
perform particular acts as shall be stated in the order of appointment.
The fact that a person has been designated as executor in a decedent's
will shall not disqualify him the person from being appointed special
administrator of such decedent's estate or any portion thereof.
(c) The special administrator shall make such reports as the court
shall direct, and shall account to the court upon the termination of his
the special administrator's authority. Otherwise, and except as the
provisions of this article by terms apply to general personal
representatives, and except as ordered by the court, the law and
procedure relating to personal representatives in this article shall apply
to special administrators. The order appointing a special administrator
shall not be appealable.
SECTION 11. IC 29-1-10-15.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 15.5. (a) Upon the filing of a
petition for the appointment of a special administrator for the sole
purpose of pursuing a claim for the decedent's wrongful death,
hearing and notice shall be had as set forth in this section.
(b) The court or clerk shall set a date by which all objections or
petitions for an alternate appointment must be filed in writing, and
the clerk shall give notice to all interested persons that a petition
for appointment of a special administrator to pursue a claim for
decedent's wrongful death has been filed and will be acted upon by
the court on the date set unless written objections or requests for
an alternate special administrator are presented to the court on or
before that date.
(c) In the petition for appointment as special administrator, the
petitioner shall identify the names and addresses of all persons
potentially interested in the wrongful death claim whose names and
addresses are known to the petitioner or may by reasonable
diligence be ascertained. The petitioner shall provide sufficient
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copies of the notice described in subsection (b), prepared for
mailing to the clerk. The clerk shall send a copy of the notice by
ordinary mail to each of such interested persons at least thirty (30)
days prior to the hearing date. Any interested person may waive
the service by mail of this notice. Neither a notice nor a hearing is
required if all persons entitled to notice waive in writing the service
of notice by mail and consent to the appointment of the special
administrator without a hearing.
(d) If a person interested in the wrongful death claim is
unknown or cannot be located, the petitioner may give notice by
one (1) publication in a newspaper of general circulation, published
in the county in which the petition is pending.
(e) The deadline for filing an objection or request for an
alternate special administrator is fourteen (14) days before the
hearing date. The notice described in subsections (b) and (c) shall
state that objections or a request for an alternate special
administrator must be filed in writing at least fourteen (14) days
before the hearing date.
SECTION 12. IC 29-1-16-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 6. (a) Upon the filing
of any account in a decedent's estate, hearing and notice thereof shall
be had as set forth in this section.
(b) If the account is for final settlement, the court or clerk shall set
a date by which all objections to such final account and petition for
distribution must be filed in writing. and The date shall be at least
fourteen (14) days before the hearing date. clerk The personal
representative or the personal representative's agent shall give
serve notice upon notice to all persons:
(1) who are entitled to share in the final distribution of said
estate; and
(2) whose names and addresses are known to the personal
representative or may by reasonable diligence be ascertained
as set forth in the personal representative's petition for
distribution;
that a final report has been filed and will be acted upon by the court on
the date set unless written objections are presented to the court on or
at least fourteen (14) days before that the hearing date. The personal
representative shall at the time said account is filed furnish to the clerk
the names and addresses of all persons entitled to share in the
distribution of the residue of said estate, whose names and addresses
are known to the personal representative or may by reasonable
diligence be ascertained as set forth in the personal representative's
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petition for distribution, together with sufficient copies of said notice
prepared for mailing. The clerk personal representative or the
personal representative's agent shall send a copy of said notice by
ordinary through the E-filing System of the Indiana Courts or by
first class postage prepaid mail to each of said parties at least
fourteen (14) thirty (30) days prior to such the hearing date. Said
parties or their attorney of record may waive the service by mail of this
notice and where there is an attorney of record, service upon said
attorney shall be sufficient as to the parties represented by said
attorney. Neither a notice nor a hearing is required if all persons
entitled to share in the final distribution of the estate waive the service
of notice by mail and consent to the final account and petition for
distribution without a hearing.
(c) If a person entitled to share in the distribution of the residue of
the estate is unknown or cannot be located, the personal representative
may give notice by one (1) publication in a newspaper of general
circulation, published in the county in which the administration is
pending. The deadline for filing an objection is fourteen (14) days
before the hearing date. The notice shall state that objections to the
final account and petition for distribution must be filed in writing at
least fourteen (14) days before the hearing date.
(d) If the account is intermediate, but the personal representative has
therein petitioned the court that said account be made final as to the
matters and things reported in said account, the same procedure as to
hearing and notice shall be followed as in the case of a final account.
(e) If the account is intermediate and the personal representative
makes no request that said account may be made final as to the matters
and things reported in said account, the court may order such notice as
the court deems necessary or approve the same ex parte and without
notice. Every such intermediate account approved without notice shall
be subject to review by the court at any time and shall not become final
until the personal representative's account in final settlement is
approved by the court.
SECTION 13. IC 29-1-16-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. At any time prior to
the hearing on an account of a personal representative, As stated in
section 6 of this chapter, any interested person may file written
objections to any item or omission in the account. All such objections
shall be specific and shall indicate the modification desired.
SECTION 14. IC 29-1-17-15.1, AS AMENDED BY P.L.136-2018,
SECTION 218, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 15.1. (a) Whenever any person has
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died leaving property or any interest in property and no general
administration has been commenced on the person's estate in this state,
nor has any will been offered for probate in this state, within five (5)
months after the person's death, any person claiming an interest in such
property as heir or through an heir may file a petition in any court
which would be of proper venue for the administration of such
decedent's estate, to determine the heirs of said decedent and their
respective interests as heirs in the estate.
(b) The petition shall state:
(1) The name, age, domicile and date of death of the decedent;
(2) The names, ages and residence addresses of the heirs, so far
as known or can with reasonable diligence be ascertained;
(3) The names and residence addresses of any persons claiming
any interest in such property through an heir, so far as known or
can by reasonable diligence be ascertained;
(4) A particular description of the property with respect to which
such determination is sought; and
(5) The net value of the estate.
(c) Upon the filing of the petition, the court shall fix the time for the
hearing, thereof, notice of which shall be given to:
(1) All persons known or believed to claim any interest in the
property as heir or through an heir of the decedent;
(2) All persons who may at the date of the filing of the petition be
shown by the records of conveyances of the county in which any
real property described in such petition is located to claim any
interest therein through the heirs of the decedent; and
(3) Any unknown heirs of the decedent.
Such notice shall be given by publication and, in addition personal
notice through the E-filing System of the Indiana Courts or by
registered first class postage prepaid mail, shall be given to every
such person whose address is known to the petitioner. Upon
satisfactory proofs the court shall make a decree determining the heirs
of said decedent and their respective interests as heirs in said property.
(d) A certified copy of the decree shall be recorded at the expense
of the petitioner in each county in which any real property described in
the decree is situated except the county in which the decree is entered,
and shall be conclusive evidence of the facts determined in the decree
as against all parties to the proceedings.
SECTION 15. IC 29-1-21-16, AS AMENDED BY P.L.185-2021,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 16. (a) As used in this section and for the purpose
of offering or submitting an electronic will in probate under IC 29-1-7,
HEA 1208 — Concur 15
the "filing of an electronic will" means the electronic filing of a
complete converted copy of the associated electronic will.
(b) When filing an electronic will, the filing of any accompanying
document integrity evidence or identity verification is not required
unless explicitly required by the court.
(c) If a person files an electronic will:
(1) for the purpose of probating the electronic will; and
(2) including accompanying:
(A) document integrity evidence;
(B) identity verification evidence; or
(C) evidence described in both clauses (A) and (B);
in the filing or in response to a court order under subsection (e)(2), the
person shall file a complete and unredacted copy of the evidence
described in clauses (A) and (B) as a nonpublic document under Ind.
Administrative Rule 9(G). Rule 5 of the Rules on Access to Court
Records. All personally identifying information pertaining to the
testator or the attesting witnesses shall be redacted in the publicly filed
copy.
(d) If an electronic will includes a self-proving clause that complies
with section 4(f) of this chapter, the testator's and witnesses'
compliance with the execution requirements shall be presumed upon
the filing of the electronic will with the court without the need for any
additional testimony or an accompanying affidavit. The presumption
described in this subsection may be subject to rebuttal or objection on
the grounds of fraud, forgery, or impersonation.
(e) After determining that a testator is dead and that the testator's
electronic will has been executed in compliance with applicable law,
the court may:
(1) enter an order, without requiring the submission of additional
evidence, admitting the electronic will to probate as the last will
of the deceased testator unless objections are filed under
IC 29-1-7-16; or
(2) require the petitioner to submit additional evidence regarding:
(A) the proper execution of the electronic will; or
(B) the electronic will's freedom from unauthorized alteration
or tampering after its execution.
The court may require the submission of additional evidence under
subdivision (2) on the court's own motion or in response to an objection
filed under IC 29-1-7-16.
(f) The additional evidence that the court may require and rely upon
under subsection (e)(2) may include one (1) or more of the following:
(1) Readable copies of the document integrity evidence or the
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identity verification evidence associated with the electronic will.
(2) All or part of the electronic record (if available) in a native or
computer readable form.
(3) A sworn or verified affidavit from:
(A) an attorney or other person who supervised the execution
of the electronic will; or
(B) one (1) or more of the attesting witnesses.
(4) An affidavit signed under section 9(b) of this chapter by a
person who created a complete converted copy of the electronic
will.
(5) A sworn or verified affidavit from a qualified person that:
(A) describes the person's training and expertise;
(B) describes the results of the person's forensic examination
of the electronic record associated with:
(i) the electronic will at issue; or
(ii) any other relevant evidence; and
(C) affirms that the electronic will was not altered or tampered
with after its execution.
(6) Any other evidence, including other affidavits or testimony,
that the court considers material or probative on the issues of
proper execution or unauthorized alteration or tampering.
(g) If the court enters an order admitting an electronic will to
probate after receiving additional evidence, any of the additional
evidence may be disputed through a will contest that is timely filed
under IC 29-1-7-17.
SECTION 16. IC 29-1-22-1, AS ADDED BY P.L.231-2019,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. The following terms are defined for this
chapter:
(1) "Complete converted copy" means a document in any format
that:
(A) can be visually perceived in its entirety on a monitor or
other display device;
(B) can be printed; and
(C) contains the following:
(i) The text of an electronic will.
(ii) The respective electronic signatures of the testator and
attesting witnesses.
(iii) A readable copy of all document integrity evidence, if
applicable.
(iv) A self-proving affidavit if the electronic will is
self-proved.
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(2) "Document integrity evidence" means the part of the
electronic will, electronic trust instrument, or electronic power of
attorney that:
(A) is created and maintained electronically;
(B) includes digital markers to demonstrate that the electronic
will, electronic trust instrument, or electronic power of
attorney has not been altered or tampered with after its
execution;
(C) is logically associated with the electronic will, electronic
trust instrument, or electronic power of attorney;
(D) will generate an error message, invalidate an electronic
signature, make the electronic record unreadable, or otherwise
display evidence that some alteration was made to the
electronic record after its execution; and
(E) includes the following information:
(i) The city, state, date, and time of the execution of the
electronic will, electronic trust instrument, or electronic
power of attorney by the testator, settlor, or principal and
any attesting witnesses as applicable.
(ii) The text of the self-proving affidavit if the document is
an electronic will and is self-proved.
(iii) The name of the testator, settlor, or principal and the
names of all attesting witnesses, if applicable.
(iv) The name and address of any person responsible for
signing the signature of the testator, settlor, or principal on
the electronic document at the direction and in the presence
of the testator, settlor, or principal.
(v) Copies of or links to the electronic signatures of the
testator, settlor, or principal and any attesting witnesses, if
applicable.
(vi) A general description of the type of identity verification
evidence used to verify the identity of the testator, settlor, or
principal.
(vii) The content of the cryptographic hash or unique code
used to complete the electronic will, electronic trust
instrument, or electronic power of attorney and make the
electronic will, electronic trust instrument, or electronic
power of attorney tamper evident if a public key
infrastructure or similar secure technology was used to sign
or authenticate the electronic will, electronic trust
instrument, or electronic power of attorney and if the vendor
or the software for the technology makes inclusion feasible.
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(3) "Electronic estate planning document" means:
(A) an electronic will;
(B) an electronic trust instrument;
(C) an electronic power of attorney; or
(D) any electronic document that:
(i) revokes; or
(ii) amends;
any document described in clauses (A) through (C).
(4) "Electronic power of attorney" means a power of attorney
created by a principal that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signature of the principal creating
the power of attorney;
(C) contains the date and time of the electronic signature of the
principal creating the power of attorney; and
(D) is notarized. has the meaning set forth in
IC 30-5-11-3(8).
The term includes an amendment to or a restatement of the power
of attorney if the amendment or restatement complies with the
requirements described in IC 30-5-11-5.
(5) "Electronic record" has the meaning set forth in
IC 26-2-8-102(9). The term may include one (1) or more of the
following:
(A) The document integrity evidence associated with an
electronic will, electronic trust instrument, or electronic power
of attorney.
(B) The identity verification evidence of the testator, settlor,
or principal who executed the electronic will, electronic trust
instrument, or electronic power of attorney.
(6) "Electronic signature" has the meaning set forth in
IC 26-2-8-102(10).
(7) "Electronic trust instrument" means a trust instrument for an
inter vivos trust created by a settlor or other person that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signature of the settlor or other
person creating the trust; and
(C) contains the date and time of the electronic signature of the
settlor or other person creating the trust.
The term includes an amendment to or a restatement of a
revocable trust instrument when the amendment or restatement is
executed in accordance with the requirements of IC 30-4-1.5-6.
(8) "Electronic will" means the will of a testator that:
HEA 1208 — Concur 19
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signatures of the testator and
attesting witnesses; and
(C) contains the date and time of the electronic signatures.
(9) "Executed" means the signing of an electronic estate planning
document. The term includes the use of an electronic signature.
(10) "Identity verification evidence" means:
(A) a copy of the government issued photo identification card
of the testator, settlor, or principal; or
(B) any other information that verifies the identity of the
testator, settlor, or principal if derived from one (1) or more of
the following sources:
(i) A knowledge based authentication method.
(ii) A physical device.
(iii) A digital certificate using a public key infrastructure.
(iv) A verification or authorization code sent to or used by
the testator, settlor, or principal.
(v) Biometric identification.
(vi) Any other commercially reasonable method for
verifying the identity of the testator, settlor, or principal
using current or future technology.
(11) "Index" means the electronic estate planning documents
index created under section 2(e) of this chapter.
(12) "Logically associated" means electronically connected,
cross-referenced, or linked in a reliable manner.
(13) "Registry" means the statewide electronic estate planning
documents registry described in section 2(a) of this chapter.
(14) "Sign" means valid use of a properly executed electronic
signature.
(15) "Signature" means the authorized use of the name of the
testator, settlor, or principal to authenticate an electronic will,
electronic trust instrument, or electronic power of attorney. The
term includes an electronic signature.
(16) "Tamper evident" means the feature of an electronic record,
such as an electronic estate planning document or document
integrity evidence for an electronic estate planning document, that
will cause any alteration of or tampering with the electronic
record, after it is created or signed, to be perceptible to any person
viewing the electronic record when it is printed on paper or
viewed on a monitor or other display device. The term applies
even if the nature or specific content of the alteration is not
perceptible.
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(17) "Traditional paper estate planning document" means a will,
codicil, trust instrument, or power of attorney that is signed on
paper by the testator, settlor, or principal and:
(A) the attesting witnesses, in the case of a will or codicil; or
(B) a notary public, in the case of a power of attorney.
SECTION 17. IC 29-3-3-3, AS AMENDED BY P.L.79-2017,
SECTION 74, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. Except as otherwise determined in a dissolution
of marriage proceeding, a custody proceeding, or in some other
proceeding authorized by law, including a proceeding under section 6
of this chapter or another proceeding under this article, and unless a
minor is married, the parents of the minor jointly (or the survivor if one
(1) parent is deceased), if not an incapacitated person, have, without
the appointment of a guardian, giving of bond, or order or confirmation
of court, the right to custody of the person of the minor and the power
to execute the following on behalf of the minor:
(1) Consent to the application of subsection (c) of Section 2032A
of the Internal Revenue Code, which imposes personal liability
for payment of the tax under that Section.
(2) Consent to the application of Section 6324A of the Internal
Revenue Code, which attaches a lien to property to secure
payment of taxes deferred under Section 6166 of the Internal
Revenue Code.
(3) Any other consents, waivers, or powers of attorney provided
for under the Internal Revenue Code.
(4) Waivers of notice permissible with reference to proceedings
under IC 29-1.
(5) Consents, waivers of notice, or powers of attorney under any
statute, including the Indiana adjusted gross income tax law
(IC 6-3).
(6) Consent to unsupervised administration as provided in
IC 29-1-7.5.
(7) Federal and state income tax returns.
(8) Consent to medical or other professional care, treatment, or
advice for the minor's health and welfare.
(9) Consent to the appointment of a special administrator for
the purposes of a wrongful death claim.
SECTION 18. IC 29-3-6-1, AS AMENDED BY P.L.178-2011,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1. (a) When a petition for appointment of a
guardian or for the issuance of a protective order is filed with the court,
notice of the petition and the hearing on the petition shall be given
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through the E-filing System of the Indiana Courts or by first class
postage prepaid mail as follows:
(1) If the petition is for the appointment of a successor guardian,
notice shall be given unless the court, for good cause shown,
orders that notice is not necessary.
(2) If the petition is for the appointment of a temporary guardian,
notice shall be given as required by IC 29-3-3-4.
(3) If the subject of the petition is a minor, notice of the petition
and the hearing on the petition shall be given to the following
persons whose whereabouts can be determined upon reasonable
inquiry:
(A) The minor, if at least fourteen (14) years of age, unless the
minor has signed the petition.
(B) Any living parent of the minor, unless parental rights have
been terminated by a court order.
(C) Any person alleged to have had the principal care and
custody of the minor during the sixty (60) days preceding the
filing of the petition.
(D) Any other person that the court directs.
(4) If it is alleged that the person is an incapacitated person,
notice of the petition and the hearing on the petition shall be given
to the following persons whose whereabouts can be determined
upon reasonable inquiry:
(A) The alleged incapacitated person, the alleged incapacitated
person's spouse, and the alleged incapacitated person's adult
children, or if none, the alleged incapacitated person's parents.
(B) Any person who is serving as a guardian for, or who has
the care and custody of, the alleged incapacitated person.
(C) In case no person other than the incapacitated person is
notified under clause (A), at least one (1) of the persons most
closely related by blood or marriage to the alleged
incapacitated person.
(D) Any person known to the petitioner to be serving as the
alleged incapacitated person's attorney-in-fact under a durable
power of attorney.
(E) Any other person that the court directs.
Notice is not required under this subdivision if the person to be
notified waives notice or appears at the hearing on the petition.
(b) Whenever a petition (other than one for the appointment of a
guardian or for the issuance of a protective order) is filed with the
court, notice of the petition and the hearing on the petition shall be
given to the following persons, unless they appear or waive notice:
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(1) The guardian.
(2) Any other persons that the court directs, including the
following:
(A) Any department, bureau, agency, or political subdivision
of the United States or of this state that makes or awards
compensation, pension, insurance, or other allowance for the
benefit of an alleged incapacitated person.
(B) Any department, bureau, agency, or political subdivision
of this state that may be charged with the supervision, control,
or custody of an alleged incapacitated person.
SECTION 19. IC 29-3-6-2, AS AMENDED BY P.L.6-2010,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 2. A copy of the petition shall be attached to the
notice, and the notice must be in substantially the following form:
NOTICE
TO: (name and address of person receiving notice)
On (date of hearing) at (time of hearing) in (place of hearing) at
(city), Indiana, the (name and address of court) will hold a hearing to
determine whether a guardian should be appointed or a protective order
should be issued for (name of alleged incapacitated person or minor).
A copy of the petition requesting appointment of a guardian or for the
issuance of a protective order is attached to this notice.
At the hearing the court will determine whether (name of alleged
incapacitated person or minor) is an incapacitated person or minor
under Indiana law. This proceeding may substantially affect the rights
of (name of alleged incapacitated person or minor).
If the court finds that (name of alleged incapacitated person or
minor) is an incapacitated person or minor, the court at the hearing
shall also consider whether (name of proposed guardian, if any) should
be appointed as guardian of (name of alleged incapacitated person or
minor). The court may, in its discretion, appoint some other qualified
person as guardian. The court may also, in its discretion, limit the
powers and duties of the guardian to allow (name of alleged
incapacitated person or minor) to retain control over certain property
and activities. The court may also determine whether a protective order
should be entered on behalf of (name of alleged incapacitated person
or minor).
(Name of alleged incapacitated person) may attend the hearing and
be represented by an attorney. The petition may be heard and
determined in the absence of (name of alleged incapacitated person) if
the court determines that the presence of (name of alleged
incapacitated person) is not required. If (name of alleged incapacitated
HEA 1208 — Concur 23
person) attends the hearing, opposes the petition, and is not represented
by an attorney, the court may appoint an attorney to represent (name of
alleged incapacitated person). The court may, where required, appoint
a guardian ad litem to represent (name of alleged incapacitated person
or minor) at the hearing.
The court may, on its own motion or on request of any interested
person, postpone the hearing to another date and time.
________________________________
(signature of clerk of the court)
SECTION 20. IC 30-4-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 4. Except as provided
in section 7 of this chapter and IC 30-4-7, unless the terms of the trust
expressly direct that the court is to have continuing jurisdiction over
the administration of the trust:
(1) a trustee need not docket a trust in the file a copy of the trust
instrument as a part of the court's records; of the court
(2) nor may the court may not require a trust to be docketed;
copy of the trust instrument to be filed as a part of the court's
records; and
(2) (3) with respect to a decedent's estate docketed for the purpose
of probate or administration, which either establishes a trust or
makes a devise to another trust, if:
(A) a decedent's will establishes a trust or contains a devise
to a trust; and
(B) the will is probated under IC 29-1-7 with or without
the appointment of a personal representative for the
decedent's estate;
the court shall have no continuing jurisdiction over the
administration of the trust after the will is probated or after any
distribution from the decedent's estate is paid or delivered to the
trustee.
SECTION 21. IC 30-4-6-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 7. (Docketing (Filing
Copy of Trust Instrument as Part of Proceeding)
(a) If it is necessary to the determination of any issue of law or fact
in a proceeding, the court may direct that a copy of the trust instrument,
if any, be kept in its records. In any proceeding under IC 30-2-14,
IC 30-2-15, or this article, any petitioner or other interested
person, including but not limited to a trustee or beneficiary, may
file a copy of the trust instrument for the trust with the court, to
make the trust's terms a part of the court's records. If there is a
dispute about whether the trust has been amended or restated or
HEA 1208 — Concur 24
about which version of a trust instrument is a valid version, two (2)
or more parties may file copies of different trust instruments or
amendments so that the court is aware of their contents.
(b) Permissible methods for filing a copy of the trust instrument
with the court under subsection (a) include filing the copy as an
exhibit or attachment to a petition for substantive relief under this
article. A separate petition to "docket" the trust or to permit the
filing of a copy of the trust instrument is not required.
(c) Upon the filing of a copy of the trust instrument with the
court, a presumption arises that the trust's terms have been
properly presented to the court. The presumption may be rebutted
on a showing that:
(1) the court lacks subject matter jurisdiction over the trust;
or
(2) the proceeding has not been filed in the proper venue
under section 3 of this chapter.
The filing of a copy of a trust instrument under this section does
not preclude any interested person from asserting claims or
defenses regarding the validity, interpretation, or administration
of the trust or from cross-petitioning for relief under this title.
(d) If:
(1) a trustee, beneficiary, or other interested person files a
proceeding under IC 30-2-14, IC 30-2-15, or this article with
respect to a trust; and
(2) a copy of the trust instrument is not filed with the court
under subsection (a);
the court may order any party to file a copy of the trust instrument
as a condition to entertaining or hearing a petition for substantive
relief with respect to the trust.
(b) (e) The filing of the trust instrument under subsection (a) of this
section shall not result in continuing supervisory jurisdiction by the
court. Upon conclusion of the proceeding, unless otherwise ordered
by the court, the clerk shall remove the trust instrument shall be
removed from the court's records.
SECTION 22. IC 30-5-4-1.9, AS ADDED BY P.L.185-2021,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 1.9. (a) Subject to the Indiana Rules of Evidence
and the Indiana Rules of Trial Procedure:
(1) a video or audio recording of a principal captured or made
either before or after the execution of a power of attorney; or
(2) a video recording, one (1) or more photographic images, or an
audio recording capture made during part or all of the execution
HEA 1208 — Concur 25
of a power of attorney;
may be admissible as evidence under this section.
(b) Recordings or images described in subsection (a) may be
admissible as evidence of the following:
(1) The proper execution of a power of attorney.
(2) The intentions of the principal.
(3) The mental state or capacity of a principal.
(4) The authenticity of a power of attorney.
(5) Matters that are determined by a court to be relevant to the
probate validity or enforceability of a power of attorney.
SECTION 23. IC 30-5-11-3, AS AMENDED BY P.L.185-2021,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2022]: Sec. 3. The following terms are defined for this
chapter:
(1) "Affidavit of regularity" means an affidavit executed by a
custodian or other person under section 9 of this chapter with
respect to the electronic record for an electronic power of attorney
or a complete converted copy of an electronic power of attorney.
(2) "Complete converted copy" means a document in any format
that:
(A) can be visually viewed in its entirety on a monitor or other
display device;
(B) can be printed; and
(C) contains the text of an electronic power of attorney and a
readable copy of any associated document integrity evidence
that may be a part of or attached to the electronic power of
attorney.
(3) "Custodian" means a person other than:
(A) the principal who executed the electronic power of
attorney;
(B) an attorney; or
(C) a person who is named in the electronic power of attorney
as an attorney in fact or successor attorney in fact under the
power of attorney.
(4) "Custody" means the authorized possession and control of at
least one (1) of the following:
(A) A complete copy of the electronic record for the electronic
power of attorney.
(B) A complete converted copy of the electronic power of
attorney if the complete electronic record has been lost or
destroyed or the electronic power of attorney has been
revoked.
HEA 1208 — Concur 26
(5) "Directed paralegal" means a nonlawyer assistant who is
employed, retained, or otherwise associated with a licensed
attorney or law firm and whose work is directly supervised by a
licensed attorney, as required by Rule 5.3 of the Rules of
Professional Conduct.
(6) "Document integrity evidence" means the part of the
electronic record for the electronic power of attorney that:
(A) is created and maintained electronically;
(B) includes digital markers showing that the electronic power
of attorney has not been altered after its initial execution by
the principal;
(C) is logically associated with the electronic power of
attorney in a tamper evident manner so that any change made
to the text of the electronic power of attorney after its
execution is visibly perceptible when the electronic record is
displayed or printed;
(D) will generate an error message, invalidate an electronic
signature, make the electronic record unreadable, or otherwise
display evidence that some alteration was made to the
electronic power of attorney after its execution; and
(E) displays the following information:
(i) The city and state in which, and the date and time at
which, the electronic power of attorney was executed by the
principal.
(ii) The name of the principal.
(iii) The name and address of the person responsible for
marking the principal's signature on the electronic power of
attorney at the principal's direction and in the principal's
presence, as applicable.
(iv) A copy of or a link to the electronic signature of the
principal on the electronic power of attorney.
(v) A general description of the type of identity verification
evidence used to verify the principal's identity.
(vi) The content of the cryptographic hash or unique code
used to complete the electronic record and make the
electronic power of attorney tamper evident if a public key
infrastructure or a similar secure technology was used to
sign or authenticate the electronic power of attorney and if
the vendor or software for the technology makes inclusion
feasible.
Document integrity evidence may, but is not required to, contain
other information about the electronic power of attorney such as
HEA 1208 — Concur 27
a unique document number, client number, or other identifier that
an attorney or custodian assigns to the electronic power of
attorney or a link to a secure Internet web site where a complete
copy of the electronic power of attorney is accessible. The title,
heading, or label, if any, that is assigned to the document integrity
evidence (such as "certificate of completion", "audit trail", or
"audit log") is immaterial.
(7) "Electronic" has the meaning set forth in IC 26-2-8-102.
(8) "Electronic power of attorney" means a power of attorney
created by a principal that:
(A) is initially created and maintained as an electronic record;
(B) contains the electronic signature of the principal creating
the power of attorney;
(C) contains the date and time of the electronic signature of the
principal creating the power of attorney; and
(D) is either:
(i) notarized; or
(ii) signed in the presence of witnesses under sections
4(a)(2), 4.3, 4.5, 4.7, and 4.9 of this chapter.
The term includes an amendment to or a restatement of the power
of attorney if the amendment or restatement complies with the
requirements described in section 5 of this chapter.
(9) "Electronic record" has the meaning set forth in
IC 26-2-8-102. The term may include one (1) or both of the
following:
(A) The document integrity evidence associated with an
electronic power of attorney.
(B) The identity verification evidence of the principal who
executed the electronic power of attorney.
(10) "Electronic signature" has the meaning set forth in
IC 26-2-8-102.
(11) "Executed" means the signing of a power of attorney. The
term includes the use of an electronic signature.
(12) "Identity verification evidence" means either:
(A) a copy of a government issued photo identification card
belonging to the principal; or
(B) any other information that verifies the identity of the
principal if derived from one (1) or more of the following
sources:
(i) A knowledge based authentication method.
(ii) A physical device.
(iii) A digital certificate using a public key infrastructure.
HEA 1208 — Concur 28
(iv) A verification or authorization code sent to or used by
the principal.
(v) Biometric identification.
(vi) Any other commercially reasonable method for
verifying the principal's identity using current or future
technology.
(13) "Logically associated" means electronically connected, cross
referenced, or linked in a reliable manner.
(14) "Observe" means to perceive another's actions or expressions
of intent through the senses of eyesight or hearing, or both. The
term includes perceptions involving the use of technology or
learned skills to:
(A) assist the person's capabilities of eyesight or hearing, or
both; or
(B) compensate for an impairment of the person's capabilities
of eyesight or hearing, or both.
(15) "Observing" has the meaning set forth in subdivision (14).
(16) "Sign" means valid use of a properly executed electronic
signature.
(17) "Signature" means the authorized use of the principal's name
to authenticate a power of attorney. The term includes an
electronic signature.
(18) "Tamper evident" means the feature of an electronic record,
such as an electronic power of attorney or document integrity
evidence for an electronic power of attorney, that will cause the
fact of any alteration or tampering with the electronic record, after
it is created or signed, to be perceptible to any person viewing the
electronic record when it is printed on paper or viewed on a
monitor or other display device. The term applies even if the
nature or specific content of the alteration is not perceptible.
(19) "Traditional paper power of attorney" means a power of
attorney or an amendment to or a restatement of a power of
attorney that is signed by the principal on paper.
SECTION 24. IC 34-23-1-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2022]: Sec. 2. (a) As used in this
section, "adult person" means:
(1) an unmarried individual:
(1) (A) who does not have any dependents; and
(2) (B) who is not a child (as defined in IC 34-23-2-1); or
(2) a married individual:
(A) who does not have any dependents; and
(B) whose death was caused by the married individual's
HEA 1208 — Concur 29
spouse.
(b) If the death of an adult person is caused by the wrongful act or
omission of another person, only the personal representative of the
adult person may maintain an action against the person whose wrongful
act or omission caused the death of the adult person.
(c) In an action to recover damages for the death of an adult person,
the damages:
(1) must be in an amount determined by a:
(A) court; or
(B) jury;
(2) may not include:
(A) damages awarded for a person's grief; or
(B) punitive damages; and
(3) may include but are not limited to the following:
(A) Reasonable medical, hospital, funeral, and burial expenses
necessitated by the wrongful act or omission that caused the
adult person's death.
(B) Loss of the adult person's love and companionship.
(d) Damages awarded under subsection (c)(3)(A) for medical,
hospital, funeral, and burial expenses inure to the exclusive benefit of
the adult person's estate for the payment of the expenses. The
remainder of the damages inure to the exclusive benefit of a
nondependent parent or nondependent child of the adult person.
(e) Aggregate damages that may be recovered under subsection
(c)(3)(B) may not exceed three hundred thousand dollars ($300,000).
A jury may not be advised of the monetary limits placed on damages
under this subsection. If the jury awards the plaintiff damages under
subsection (c)(3)(B) in an amount that exceeds three hundred thousand
dollars ($300,000), the court shall reduce that part of the damages
awarded to the plaintiff to three hundred thousand dollars ($300,000).
(f) A parent or child who wishes to recover damages under this
section has the burden of proving that the parent or child had a
genuine, substantial, and ongoing relationship with the adult person
before the parent or child may recover damages.
(g) In an action brought under this section, a court or a jury may not
hear evidence concerning the lost earnings of the adult person that
occur as a result of the wrongful act or omission.
(h) In awarding damages under this section to more than one (1)
person, the court or the jury shall specify the amount of the damages
that should be awarded to each person.
(i) In an action brought under this section, the trier of fact shall
make a separate finding with respect to damages awarded under
HEA 1208 — Concur 30
subsection (c)(3)(B).
SECTION 25. [EFFECTIVE JULY 1, 2022] IC 34-23-1-2, as
amended by this act, applies to a cause of action that accrues after
June 30, 2022.
HEA 1208 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1208 — Concur