Indiana 2022 Regular Session

Indiana Senate Bill SB0066 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	SB0066.1
	2	+	January 7, 2022
	3	+	SENATE BILL No. 66
	4	+	_____
	5	+	DIGEST OF SB 66 (Updated January 6, 2022 8:51 am - DI 149)
	6	+	Citations Affected: IC 29-1.
	7	+	Synopsis: Solvent supervised estates. Sets forth procedures for the
	8	+	distribution of assets in a solvent supervised estate after a final
	9	+	distribution has been entered in certain circumstances. Allows a
	10	+	distributee to distribute assets described in the decree of final
	11	+	distribution by filing an affidavit with the court. Provides that
	12	+	undistributed real property may be distributed after the estate is closed
	13	+	by recording certain information with the county recorder of the county
	14	+	in which the real property is situated. Allows a personal representative
	15	+	to complete distribution and delivery of all undistributed estate assets
	16	+	to continue for a period of 90 days after a court enters an order of
	17	+	discharge under certain circumstances.
	18	+	Effective: July 1, 2022.
	19	+	Young M
	20	+	January 4, 2022, read first time and referred to Committee on Judiciary.
	21	+	January 6, 2022, amended, reported favorably — Do Pass.
	22	+	SB 66—LS 6324/DI 149 January 7, 2022
1	23		Second Regular Session of the 122nd General Assembly (2022)
2	24		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3	25		Constitution) is being amended, the text of the existing provision will appear in this style type,
4	26		additions will appear in this style type, and deletions will appear in this style type.
5	27		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
6	28		provision adopted), the text of the new provision will appear in this style type. Also, the
7	29		word NEW will appear in that style type in the introductory clause of each SECTION that adds
8	30		a new provision to the Indiana Code or the Indiana Constitution.
9	31		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
10	32		between statutes enacted by the 2021 Regular Session of the General Assembly.
11		-	SENATE ENROLLED ACT No. 66
12		-	AN ACT to amend the Indiana Code concerning probate.
	33	+	SENATE BILL No. 66
	34	+	A BILL FOR AN ACT to amend the Indiana Code concerning
	35	+	probate.
13	36		Be it enacted by the General Assembly of the State of Indiana:
14		-	SECTION 1. IC 29-1-17-13.5 IS ADDED TO THE INDIANA
	37	+	1 SECTION 1. IC 29-1-17-13.5 IS ADDED TO THE INDIANA
	38	+	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
	39	+	3 [EFFECTIVE JULY 1, 2022]: Sec. 13.5. (a) This section applies to a
	40	+	4 solvent supervised estate if:
	41	+	5 (1) a decree of final distribution has been entered by the court
	42	+	6 under section 2 of this chapter;
	43	+	7 (2) the personal representative has filed a supplemental report
	44	+	8 of distribution and the court has entered an order of
	45	+	9 discharge under section 13 of this chapter; and
	46	+	10 (3) one (1) or more than one (1) estate assets shown on hand
	47	+	11 in the personal representative's final account remain
	48	+	12 undistributed after the entry of the order of discharge.
	49	+	13 (b) If the undistributed assets of the estate are specifically
	50	+	14 described in the decree of final distribution, distribution of any of
	51	+	15 the assets may be accomplished or documented by:
	52	+	16 (1) the distributee who is entitled to receive the asset filing or
	53	+	17 recording of an affidavit under subsection (c); or
	54	+	SB 66—LS 6324/DI 149 2
	55	+	1 (2) the personal representative's execution and recording or
	56	+	2 filing of a personal representative's deed or other transfer
	57	+	3 document under subsection (e).
	58	+	4 (c) If the decree of final distribution under section 2 of this
	59	+	5 chapter identifies one (1) or more distributees who are entitled to
	60	+	6 receive distribution of an asset that remains undistributed, any
	61	+	7 distributee may sign and file with the court an affidavit that:
	62	+	8 (1) states the cause number and the caption for the estate;
	63	+	9 (2) states the date on which the decree of final distribution
	64	+	10 was entered by the court;
	65	+	11 (3) identifies the undistributed asset described in the decree
	66	+	12 and to which the distributee is entitled;
	67	+	13 (4) states the interest in the asset that has passed to the
	68	+	14 distributee who signs the affidavit and to each other
	69	+	15 distributee who has an interest in that asset; and
	70	+	16 (5) states that the undistributed asset has passed by operation
	71	+	17 of law under IC 29-1-7-23(a) to the distributee who signs the
	72	+	18 affidavit, as a result of the decedent's death and the entry of
	73	+	19 the decree of final distribution.
	74	+	20 (d) If an undistributed asset consists of an interest in real
	75	+	21 property, the distributee must record a copy of the affidavit and a
	76	+	22 copy of the decree of final distribution with the county recorder of
	77	+	23 the county in which the real property is situated. If the decree of
	78	+	24 final distribution does not include the full legal description of the
	79	+	25 real property, the distributee who signs the affidavit must include
	80	+	26 in the affidavit the legal description of the real property and the
	81	+	27 property tax parcel identification number for the real property.
	82	+	28 (e) Notwithstanding the filing of a supplemental report of
	83	+	29 distribution and the court's entry of an order of discharge under
	84	+	30 section 13 of this chapter, the personal representative's powers to
	85	+	31 complete distribution and delivery of all undistributed estate assets
	86	+	32 continue for a period of ninety (90) days beginning on the day after
	87	+	33 the date of entry of the order of discharge in the chronological case
	88	+	34 summary. During that ninety (90) day period:
	89	+	35 (1) the personal representative may proceed, without any
	90	+	36 further court order, to sign and deliver any assignment or
	91	+	37 transfer document to complete the distribution of personal
	92	+	38 property and may sign and record a personal representative's
	93	+	39 deed to complete the distribution of real property of the
	94	+	40 estate; and
	95	+	41 (2) any distributee who has an interest in an undistributed
	96	+	42 estate asset may petition the court for an order compelling the
	97	+	SB 66—LS 6324/DI 149 3
	98	+	1 personal representative to sign and deliver or to sign and
	99	+	2 record a personal representative's deed or other assignment
	100	+	3 or transfer document to complete the distribution of that
	101	+	4 estate asset.
	102	+	5 If a petition under subdivision (2) is filed before the ninety (90) day
	103	+	6 period ends and if the court issues an order, the order will be
	104	+	7 effective without notice to any persons other than the personal
	105	+	8 representative and the distributee who filed the petition, even if the
	106	+	9 order is issued after the ninety (90) day period ends.
	107	+	10 SECTION 2. IC 29-1-17-14, AS AMENDED BY P.L.79-2017,
	108	+	11 SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
	109	+	12 JULY 1, 2022]: Sec. 14. (a) If, after an estate has been settled and the
	110	+	13 personal representative discharged, other property of the estate shall be
	111	+	14 discovered, or if it shall appear that any necessary act remains
	112	+	15 unperformed on the part of the personal representative, or for any other
	113	+	16 proper cause, the court, upon the petition of the discharged personal
	114	+	17 representative or any person interested in the estate and, without notice
	115	+	18 or upon such notice as it may direct, may order that said estate be
	116	+	19 reopened. It may reappoint the personal representative or appoint
	117	+	20 another personal representative to administer such property or perform
	118	+	21 such act as may be deemed necessary. Unless the court shall otherwise
	119	+	22 order, the provisions of this article as to an original administration shall
	120	+	23 apply to the proceedings had in the reopened administration so far as
	121	+	24 may be, but no claim which is already barred can be asserted in the
	122	+	25 reopened administration.
	123	+	26 (b) Except as provided in section 13.5 of this chapter, whenever
	124	+	27 any solvent estate has been closed, and it thereafter appears that any
	125	+	28 assets thereof have not been fully administered upon, the court may, if
	126	+	29 it appears practicable, order such assets distributed to, or title vested in,
	127	+	30 the persons entitled thereto in lieu of reopening the estate as provided
	128	+	31 in the preceding subsection. No additional notice of such proceedings
	129	+	32 shall be necessary unless so ordered by the court.
	130	+	SB 66—LS 6324/DI 149 4
	131	+	COMMITTEE REPORT
	132	+	Madam President: The Senate Committee on Judiciary, to which
	133	+	was referred Senate Bill No. 66, has had the same under consideration
	134	+	and begs leave to report the same back to the Senate with the
	135	+	recommendation that said bill be AMENDED as follows:
	136	+	Page 1, between the enacting clause and line 1, begin a new
	137	+	paragraph and insert:
	138	+	"SECTION 1. IC 29-1-17-13.5 IS ADDED TO THE INDIANA
15	139		CODE AS A NEW SECTION TO READ AS FOLLOWS
16	140		[EFFECTIVE JULY 1, 2022]: Sec. 13.5. (a) This section applies to a
17	141		solvent supervised estate if:
18	142		(1) a decree of final distribution has been entered by the court
19	143		under section 2 of this chapter;
20	144		(2) the personal representative has filed a supplemental report
21	145		of distribution and the court has entered an order of
22	146		discharge under section 13 of this chapter; and
23	147		(3) one (1) or more than one (1) estate assets shown on hand
24	148		in the personal representative's final account remain
25	149		undistributed after the entry of the order of discharge.
26	150		(b) If the undistributed assets of the estate are specifically
27	151		described in the decree of final distribution, distribution of any of
28	152		the assets may be accomplished or documented by:
29	153		(1) the distributee who is entitled to receive the asset filing or
30	154		recording of an affidavit under subsection (c); or
31	155		(2) the personal representative's execution and recording or
32	156		filing of a personal representative's deed or other transfer
33	157		document under subsection (e).
34	158		(c) If the decree of final distribution under section 2 of this
35	159		chapter identifies one (1) or more distributees who are entitled to
36		-	SEA 66 2
37	160		receive distribution of an asset that remains undistributed, any
38	161		distributee may sign and file with the court an affidavit that:
39	162		(1) states the cause number and the caption for the estate;
40	163		(2) states the date on which the decree of final distribution
41	164		was entered by the court;
42	165		(3) identifies the undistributed asset described in the decree
43	166		and to which the distributee is entitled;
44	167		(4) states the interest in the asset that has passed to the
45	168		distributee who signs the affidavit and to each other
46	169		distributee who has an interest in that asset; and
47	170		(5) states that the undistributed asset has passed by operation
48	171		of law under IC 29-1-7-23(a) to the distributee who signs the
49	172		affidavit, as a result of the decedent's death and the entry of
	173	+	SB 66—LS 6324/DI 149 5
50	174		the decree of final distribution.
51	175		(d) If an undistributed asset consists of an interest in real
52	176		property, the distributee must record a copy of the affidavit and a
53	177		copy of the decree of final distribution with the county recorder of
54	178		the county in which the real property is situated. If the decree of
55	179		final distribution does not include the full legal description of the
56	180		real property, the distributee who signs the affidavit must include
57	181		in the affidavit the legal description of the real property and the
58	182		property tax parcel identification number for the real property.
59	183		(e) Notwithstanding the filing of a supplemental report of
60	184		distribution and the court's entry of an order of discharge under
61	185		section 13 of this chapter, the personal representative's powers to
62	186		complete distribution and delivery of all undistributed estate assets
63	187		continue for a period of ninety (90) days beginning on the day after
64	188		the date of entry of the order of discharge in the chronological case
65	189		summary. During that ninety (90) day period:
66	190		(1) the personal representative may proceed, without any
67	191		further court order, to sign and deliver any assignment or
68	192		transfer document to complete the distribution of personal
69	193		property and may sign and record a personal representative's
70	194		deed to complete the distribution of real property of the
71	195		estate; and
72	196		(2) any distributee who has an interest in an undistributed
73	197		estate asset may petition the court for an order compelling the
74	198		personal representative to sign and deliver or to sign and
75	199		record a personal representative's deed or other assignment
76	200		or transfer document to complete the distribution of that
77	201		estate asset.
78	202		If a petition under subdivision (2) is filed before the ninety (90) day
79		-	SEA 66 3
80	203		period ends and if the court issues an order, the order will be
81	204		effective without notice to any persons other than the personal
82	205		representative and the distributee who filed the petition, even if the
83		-	order is issued after the ninety (90) day period ends.
84		-	SECTION 2. IC 29-1-17-14, AS AMENDED BY P.L.79-2017,
85		-	SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
86		-	JULY 1, 2022]: Sec. 14. (a) If, after an estate has been settled and the
87		-	personal representative discharged, other property of the estate shall be
88		-	discovered, or if it shall appear that any necessary act remains
89		-	unperformed on the part of the personal representative, or for any other
90		-	proper cause, the court, upon the petition of the discharged personal
91		-	representative or any person interested in the estate and, without notice
92		-	or upon such notice as it may direct, may order that said estate be
93		-	reopened. It may reappoint the personal representative or appoint
94		-	another personal representative to administer such property or perform
95		-	such act as may be deemed necessary. Unless the court shall otherwise
96		-	order, the provisions of this article as to an original administration shall
97		-	apply to the proceedings had in the reopened administration so far as
98		-	may be, but no claim which is already barred can be asserted in the
99		-	reopened administration.
100		-	(b) Except as provided in section 13.5 of this chapter, whenever
101		-	any solvent estate has been closed, and it thereafter appears that any
102		-	assets thereof have not been fully administered upon, the court may, if
103		-	it appears practicable, order such assets distributed to, or title vested in,
104		-	the persons entitled thereto in lieu of reopening the estate as provided
105		-	in the preceding subsection. No additional notice of such proceedings
106		-	shall be necessary unless so ordered by the court.
107		-	SEA 66 President of the Senate
108		-	President Pro Tempore
109		-	Speaker of the House of Representatives
110		-	Governor of the State of Indiana
111		-	Date: Time:
112		-	SEA 66
	206	+	order is issued after the ninety (90) day period ends.".
	207	+	Page 1, line 17, after "(b)" insert "Except as provided in section
	208	+	13.5 of this chapter,".
	209	+	Page 1, line 17, delete "Whenever" and insert "whenever".
	210	+	Page 1, line 17, delete "the transfer of".
	211	+	Page 2, delete line 1.
	212	+	Page 2, line 2, delete "on which the estate was closed.".
	213	+	Page 2, line 2, reset in roman "and it thereafter appears that".
	214	+	Page 2, line 2, delete "If".
	215	+	Page 2, line 3, delete "of the estate".
	216	+	SB 66—LS 6324/DI 149 6
	217	+	Page 2, line 3, reset in roman "thereof".
	218	+	Page 2, line 3, reset in roman "upon,".
	219	+	Page 2, line 4, delete "within ninety (90) days after the date an estate
	220	+	was closed,".
	221	+	Renumber all SECTIONS consecutively.
	222	+	and when so amended that said bill do pass.
	223	+	(Reference is to SB 66 as introduced.)
	224	+	BROWN L, Chairperson
	225	+	Committee Vote: Yeas 10, Nays 0.
	226	+	SB 66—LS 6324/DI 149