Introduced Version
SENATE BILL No. 67
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 29-1-8.
Synopsis: Small estates. Increases the value of estates that may be
distributed via affidavit from $50,000 to $100,000. Increases the
threshold for summary procedures for unsupervised estates from
$50,000 to $100,000. (The introduced version of this bill was prepared
by the probate code study commission.)
Effective: July 1, 2022.
Lanane
January 4, 2022, read first time and referred to Committee on Judiciary.
2022 IN 67—LS 6157/DI 136 Introduced
Second Regular Session of the 122nd General Assembly (2022)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2021 Regular Session of the General Assembly.
SENATE BILL No. 67
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 29-1-8-1, AS AMENDED BY P.L.56-2020,
2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2022]: Sec. 1. (a) Forty-five (45) days after the death of a
4 decedent and upon being presented an affidavit that complies with
5 subsection (b), a person:
6 (1) indebted to the decedent; or
7 (2) having possession of personal property or an instrument
8 evidencing a debt, an obligation, a stock, or a chose in action
9 belonging to the decedent;
10 shall make payment of the indebtedness or deliver the personal
11 property or the instrument evidencing a debt, an obligation, a stock, or
12 a chose in action to a distributee claiming to be entitled to payment or
13 delivery of property of the decedent as alleged in the affidavit.
14 (b) The affidavit required by subsection (a) must be an affidavit
15 made by or on behalf of the distributee and must state the following:
16 (1) That the value of the gross probate estate, wherever located,
17 (less liens, encumbrances, and reasonable funeral expenses) does
2022 IN 67—LS 6157/DI 136 2
1 not exceed:
2 (A) twenty-five thousand dollars ($25,000), for the estate of an
3 individual who dies before July 1, 2006; and
4 (B) fifty thousand dollars ($50,000), for the estate of an
5 individual who dies after June 30, 2006, and before July 1,
6 2022; and
7 (C) one hundred thousand dollars ($100,000), for the estate
8 of an individual who dies after June 30, 2022.
9 (2) That forty-five (45) days have elapsed since the death of the
10 decedent.
11 (3) That no application or petition for the appointment of a
12 personal representative is pending or has been granted in any
13 jurisdiction.
14 (4) The name and address of each distributee that is entitled to a
15 share of the property and the part of the property to which each
16 distributee is entitled.
17 (5) That the affiant has notified each distributee identified in the
18 affidavit of the affiant's intention to present an affidavit under this
19 section.
20 (6) That the affiant is entitled to payment or delivery of the
21 property on behalf of each distributee identified in the affidavit.
22 (c) If a motor vehicle or watercraft (as defined in IC 9-13-2-198.5)
23 is part of the estate, nothing in this section shall prohibit a transfer of
24 the certificate of title to the motor vehicle if five (5) days have elapsed
25 since the death of the decedent and no appointment of a personal
26 representative is contemplated. A transfer under this subsection shall
27 be made by the bureau of motor vehicles upon receipt of an affidavit
28 containing a statement of the conditions required by subsection (b)(1)
29 and (b)(6). The affidavit must be duly executed by the distributees of
30 the estate.
31 (d) A transfer agent of a security shall change the registered
32 ownership on the books of a corporation from the decedent to a
33 distributee upon the presentation of an affidavit as provided in
34 subsection (a).
35 (e) For the purposes of subsection (a), an insurance company that,
36 by reason of the death of the decedent, becomes obligated to pay a
37 death benefit to the estate of the decedent is considered a person
38 indebted to the decedent.
39 (f) For purposes of subsection (a), property in a safe deposit box
40 rented by a decedent from a financial institution organized or
41 reorganized under the law of any state (as defined in IC 28-2-17-19) or
42 the United States is considered personal property belonging to the
2022 IN 67—LS 6157/DI 136 3
1 decedent in the possession of the financial institution.
2 (g) For purposes of subsection (a), a distributee has the same rights
3 as a personal representative under IC 32-39 to access a digital asset (as
4 defined in IC 32-39-1-10) of the decedent.
5 SECTION 2. IC 29-1-8-3, AS AMENDED BY P.L.56-2020,
6 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2022]: Sec. 3. (a) As used in this section, "fiduciary" means:
8 (1) the personal representative of an unsupervised estate; or
9 (2) a person appointed by a court under this title to act on behalf
10 of the decedent or the decedent's distributees.
11 (b) Except as otherwise provided in this section, if the value of a
12 decedent's gross probate estate, less liens and encumbrances, does not
13 exceed the sum of:
14 (1) an amount equal to:
15 (A) twenty-five thousand dollars ($25,000), for the estate of an
16 individual who dies before July 1, 2006; and
17 (B) fifty thousand dollars ($50,000), for the estate of an
18 individual who dies after June 30, 2006, and before July 1,
19 2022; and
20 (C) one hundred thousand dollars ($100,000), for the estate
21 of an individual who dies after June 30, 2022;
22 (2) the costs and expenses of administration; and
23 (3) reasonable funeral expenses;
24 the fiduciary, without giving notice to creditors, may file a closing
25 statement as provided in section 4 of this chapter and disburse and
26 distribute the estate to the persons entitled to it, as provided in section
27 4 of this chapter.
28 (c) If an estate described in subsection (a) (b) includes real property,
29 an affidavit may be recorded in the office of the recorder in the county
30 in which the real property is located. The affidavit must contain the
31 following:
32 (1) The legal description of the real property.
33 (2) The following statements:
34 (A) If the individual dies after June 30, 2006, and before July
35 1, 2022, the following statement: "It appears that the
36 decedent's gross probate estate, less liens and encumbrances,
37 does not exceed the sum of the following: fifty thousand
38 dollars ($50,000), the costs and expenses of administration,
39 and reasonable funeral expenses.".
40 (B) If the individual dies before July 1, 2006, the following
41 statement: "It appears that the decedent's gross probate estate,
42 less liens and encumbrances, does not exceed the sum of the
2022 IN 67—LS 6157/DI 136 4
1 following: twenty-five thousand dollars ($25,000), the costs
2 and expenses of administration, and reasonable funeral
3 expenses.".
4 (C) If the individual dies after June 30, 2022, the following
5 statement: "It appears that the decedent's gross probate
6 estate, less liens and encumbrances, does not exceed the
7 sum of the following: one hundred thousand dollars
8 ($100,000), the costs and expenses of administration, and
9 reasonable funeral expenses.".
10 (3) The name of each person entitled to at least a part interest in
11 the real property as a result of a decedent's death, the share to
12 which each person is entitled, and whether the share is a divided
13 or undivided interest.
14 (4) A statement which explains how each person's share has been
15 determined.
16 SECTION 3. IC 29-1-8-4, AS AMENDED BY P.L.56-2020,
17 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2022]: Sec. 4. (a) As used in this section, "fiduciary" means:
19 (1) the personal representative of an unsupervised estate; or
20 (2) a person appointed by a court under this title to act on behalf
21 of the decedent or the decedent's distributees.
22 (b) Unless prohibited by order of the court and except for estates
23 being administered by supervised personal representatives, a fiduciary
24 may close an estate administered under the summary procedures of
25 section 3 of this chapter by filing with the court, at any time after
26 disbursement and distribution of the estate, a verified statement stating
27 that:
28 (1) to the best knowledge of the fiduciary, the value of the gross
29 probate estate, less liens and encumbrances, did not exceed the
30 sum of:
31 (A) twenty-five thousand dollars ($25,000), for the estate of an
32 individual who dies before July 1, 2006, and fifty thousand
33 dollars ($50,000), for the estate of an individual who dies after
34 June 30, 2006, and before July 1, 2022, and one hundred
35 thousand dollars ($100,000), for the estate of an individual
36 who dies after June 30, 2022;
37 (B) the costs and expenses of administration; and
38 (C) reasonable funeral expenses;
39 (2) the fiduciary has fully administered the estate by disbursing
40 and distributing it to the persons entitled to it; and
41 (3) the fiduciary has sent a copy of the closing statement to all
42 distributees of the estate and to all creditors or other claimants of
2022 IN 67—LS 6157/DI 136 5
1 whom the fiduciary is aware and has furnished a full accounting
2 in writing of the administration to the distributees whose interests
3 are affected.
4 (c) If no actions, claims, objections, or proceedings involving the
5 fiduciary are filed in the court within two (2) months after the closing
6 statement is filed, the fiduciary may immediately disburse and
7 distribute the estate free from claims to the persons entitled to the
8 disbursement and distribution. After disbursing and distributing an
9 estate, the fiduciary must file a report in the court of the disbursement
10 and distribution. The appointment of the personal representative or the
11 duties of the fiduciary, as applicable, shall terminate upon the filing of
12 the report.
13 (d) A closing statement filed under this section has the same effect
14 as one (1) filed under IC 29-1-7.5-4.
15 (e) A copy of any affidavit recorded under section 3(c) of this
16 chapter must be attached to the closing statement filed under this
17 section.
2022 IN 67—LS 6157/DI 136