*SB0066.1*
January 7, 2022
SENATE BILL No. 66
_____
DIGEST OF SB 66 (Updated January 6, 2022 8:51 am - DI 149)
Citations Affected: IC 29-1.
Synopsis: Solvent supervised estates. Sets forth procedures for the
distribution of assets in a solvent supervised estate after a final
distribution has been entered in certain circumstances. Allows a
distributee to distribute assets described in the decree of final
distribution by filing an affidavit with the court. Provides that
undistributed real property may be distributed after the estate is closed
by recording certain information with the county recorder of the county
in which the real property is situated. Allows a personal representative
to complete distribution and delivery of all undistributed estate assets
to continue for a period of 90 days after a court enters an order of
discharge under certain circumstances.
Effective: July 1, 2022.
Young M
January 4, 2022, read first time and referred to Committee on Judiciary.
January 6, 2022, amended, reported favorably — Do Pass.
SB 66—LS 6324/DI 149 January 7, 2022
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.
SENATE BILL No. 66
A BILL FOR AN ACT to amend the Indiana Code concerning
probate.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 29-1-17-13.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2022]: Sec. 13.5. (a) This section applies to a
4 solvent supervised estate if:
5 (1) a decree of final distribution has been entered by the court
6 under section 2 of this chapter;
7 (2) the personal representative has filed a supplemental report
8 of distribution and the court has entered an order of
9 discharge under section 13 of this chapter; and
10 (3) one (1) or more than one (1) estate assets shown on hand
11 in the personal representative's final account remain
12 undistributed after the entry of the order of discharge.
13 (b) If the undistributed assets of the estate are specifically
14 described in the decree of final distribution, distribution of any of
15 the assets may be accomplished or documented by:
16 (1) the distributee who is entitled to receive the asset filing or
17 recording of an affidavit under subsection (c); or
SB 66—LS 6324/DI 149 2
1 (2) the personal representative's execution and recording or
2 filing of a personal representative's deed or other transfer
3 document under subsection (e).
4 (c) If the decree of final distribution under section 2 of this
5 chapter identifies one (1) or more distributees who are entitled to
6 receive distribution of an asset that remains undistributed, any
7 distributee may sign and file with the court an affidavit that:
8 (1) states the cause number and the caption for the estate;
9 (2) states the date on which the decree of final distribution
10 was entered by the court;
11 (3) identifies the undistributed asset described in the decree
12 and to which the distributee is entitled;
13 (4) states the interest in the asset that has passed to the
14 distributee who signs the affidavit and to each other
15 distributee who has an interest in that asset; and
16 (5) states that the undistributed asset has passed by operation
17 of law under IC 29-1-7-23(a) to the distributee who signs the
18 affidavit, as a result of the decedent's death and the entry of
19 the decree of final distribution.
20 (d) If an undistributed asset consists of an interest in real
21 property, the distributee must record a copy of the affidavit and a
22 copy of the decree of final distribution with the county recorder of
23 the county in which the real property is situated. If the decree of
24 final distribution does not include the full legal description of the
25 real property, the distributee who signs the affidavit must include
26 in the affidavit the legal description of the real property and the
27 property tax parcel identification number for the real property.
28 (e) Notwithstanding the filing of a supplemental report of
29 distribution and the court's entry of an order of discharge under
30 section 13 of this chapter, the personal representative's powers to
31 complete distribution and delivery of all undistributed estate assets
32 continue for a period of ninety (90) days beginning on the day after
33 the date of entry of the order of discharge in the chronological case
34 summary. During that ninety (90) day period:
35 (1) the personal representative may proceed, without any
36 further court order, to sign and deliver any assignment or
37 transfer document to complete the distribution of personal
38 property and may sign and record a personal representative's
39 deed to complete the distribution of real property of the
40 estate; and
41 (2) any distributee who has an interest in an undistributed
42 estate asset may petition the court for an order compelling the
SB 66—LS 6324/DI 149 3
1 personal representative to sign and deliver or to sign and
2 record a personal representative's deed or other assignment
3 or transfer document to complete the distribution of that
4 estate asset.
5 If a petition under subdivision (2) is filed before the ninety (90) day
6 period ends and if the court issues an order, the order will be
7 effective without notice to any persons other than the personal
8 representative and the distributee who filed the petition, even if the
9 order is issued after the ninety (90) day period ends.
10 SECTION 2. IC 29-1-17-14, AS AMENDED BY P.L.79-2017,
11 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
12 JULY 1, 2022]: Sec. 14. (a) If, after an estate has been settled and the
13 personal representative discharged, other property of the estate shall be
14 discovered, or if it shall appear that any necessary act remains
15 unperformed on the part of the personal representative, or for any other
16 proper cause, the court, upon the petition of the discharged personal
17 representative or any person interested in the estate and, without notice
18 or upon such notice as it may direct, may order that said estate be
19 reopened. It may reappoint the personal representative or appoint
20 another personal representative to administer such property or perform
21 such act as may be deemed necessary. Unless the court shall otherwise
22 order, the provisions of this article as to an original administration shall
23 apply to the proceedings had in the reopened administration so far as
24 may be, but no claim which is already barred can be asserted in the
25 reopened administration.
26 (b) Except as provided in section 13.5 of this chapter, whenever
27 any solvent estate has been closed, and it thereafter appears that any
28 assets thereof have not been fully administered upon, the court may, if
29 it appears practicable, order such assets distributed to, or title vested in,
30 the persons entitled thereto in lieu of reopening the estate as provided
31 in the preceding subsection. No additional notice of such proceedings
32 shall be necessary unless so ordered by the court.
SB 66—LS 6324/DI 149 4
COMMITTEE REPORT
Madam President: The Senate Committee on Judiciary, to which
was referred Senate Bill No. 66, has had the same under consideration
and begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Page 1, between the enacting clause and line 1, begin a new
paragraph and insert:
"SECTION 1. IC 29-1-17-13.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2022]: Sec. 13.5. (a) This section applies to a
solvent supervised estate if:
(1) a decree of final distribution has been entered by the court
under section 2 of this chapter;
(2) the personal representative has filed a supplemental report
of distribution and the court has entered an order of
discharge under section 13 of this chapter; and
(3) one (1) or more than one (1) estate assets shown on hand
in the personal representative's final account remain
undistributed after the entry of the order of discharge.
(b) If the undistributed assets of the estate are specifically
described in the decree of final distribution, distribution of any of
the assets may be accomplished or documented by:
(1) the distributee who is entitled to receive the asset filing or
recording of an affidavit under subsection (c); or
(2) the personal representative's execution and recording or
filing of a personal representative's deed or other transfer
document under subsection (e).
(c) If the decree of final distribution under section 2 of this
chapter identifies one (1) or more distributees who are entitled to
receive distribution of an asset that remains undistributed, any
distributee may sign and file with the court an affidavit that:
(1) states the cause number and the caption for the estate;
(2) states the date on which the decree of final distribution
was entered by the court;
(3) identifies the undistributed asset described in the decree
and to which the distributee is entitled;
(4) states the interest in the asset that has passed to the
distributee who signs the affidavit and to each other
distributee who has an interest in that asset; and
(5) states that the undistributed asset has passed by operation
of law under IC 29-1-7-23(a) to the distributee who signs the
affidavit, as a result of the decedent's death and the entry of
SB 66—LS 6324/DI 149 5
the decree of final distribution.
(d) If an undistributed asset consists of an interest in real
property, the distributee must record a copy of the affidavit and a
copy of the decree of final distribution with the county recorder of
the county in which the real property is situated. If the decree of
final distribution does not include the full legal description of the
real property, the distributee who signs the affidavit must include
in the affidavit the legal description of the real property and the
property tax parcel identification number for the real property.
(e) Notwithstanding the filing of a supplemental report of
distribution and the court's entry of an order of discharge under
section 13 of this chapter, the personal representative's powers to
complete distribution and delivery of all undistributed estate assets
continue for a period of ninety (90) days beginning on the day after
the date of entry of the order of discharge in the chronological case
summary. During that ninety (90) day period:
(1) the personal representative may proceed, without any
further court order, to sign and deliver any assignment or
transfer document to complete the distribution of personal
property and may sign and record a personal representative's
deed to complete the distribution of real property of the
estate; and
(2) any distributee who has an interest in an undistributed
estate asset may petition the court for an order compelling the
personal representative to sign and deliver or to sign and
record a personal representative's deed or other assignment
or transfer document to complete the distribution of that
estate asset.
If a petition under subdivision (2) is filed before the ninety (90) day
period ends and if the court issues an order, the order will be
effective without notice to any persons other than the personal
representative and the distributee who filed the petition, even if the
order is issued after the ninety (90) day period ends.".
Page 1, line 17, after "(b)" insert "Except as provided in section
13.5 of this chapter,".
Page 1, line 17, delete "Whenever" and insert "whenever".
Page 1, line 17, delete "the transfer of".
Page 2, delete line 1.
Page 2, line 2, delete "on which the estate was closed.".
Page 2, line 2, reset in roman "and it thereafter appears that".
Page 2, line 2, delete "If".
Page 2, line 3, delete "of the estate".
SB 66—LS 6324/DI 149 6
Page 2, line 3, reset in roman "thereof".
Page 2, line 3, reset in roman "upon,".
Page 2, line 4, delete "within ninety (90) days after the date an estate
was closed,".
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 66 as introduced.)
BROWN L, Chairperson
Committee Vote: Yeas 10, Nays 0.
SB 66—LS 6324/DI 149