LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6017 NOTE PREPARED: Nov 8, 2023
BILL NUMBER: SB 18 BILL AMENDED:
SUBJECT: Various Probate Matters.
FIRST AUTHOR: Sen. Brown L BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
DEDICATED
FEDERAL
Summary of Legislation: This bill has the following provisions:
A. It expands the definition of a health care representative.
B. It creates a procedure to transfer the interest of certain single member, limited liability companies
to a legatee or heir of the member upon the member's death.
C. It requires an affiant to send a copy of certain affidavits concerning a small estate to the Estate
Recovery Unit of the Office of Medicaid Policy and Planning (OMPP).
D. It requires a fiduciary to send a copy of a verified statement concerning the closing of a decedent's
estate to the unit if the decedent was at least 55 years of age at the time of death and if a notice of
estate administration was not previously served upon the unit.
E. It provides that a claim against a decedent's estate by the unit is forever barred if the unit fails to take
certain actions within a specified period of time.
F. It provides that a personal representative or a trustee is not required to distribute particular assets
based upon the potential gain or loss that a distributee would realize if the assets were sold.
G. It provides that a document creating a power of attorney that does not contain a notary and
preparation statement may be recorded with the county recorder if the document meets certain
criteria.
SB 18 1 H. It provides signature formats for an attorney in fact to use when signing an instrument on behalf of
a principal.
I. It provides recording requirements when including cross-references to a previously recorded
document.
J. It defines a "qualified real property order".
K. It creates a new form of recordable affidavit and creates a qualified real property order to provide
missing legal descriptions and tax parcel identification numbers for real property that is transferred
or divided.
L. It provides a process for filing and recording the affidavit and a qualified real property order.
M.It requires the endorsement of the county auditor to record a transfer on death deed and instrument.
N. It specifies who an owner may designate as a grantee in a beneficiary designation instrument.
O. It clarifies the form and scope of a transfer on death instrument.
P. It also makes conforming and technical changes.
(The introduced version of this bill was prepared by the Probate Code Study Commission.)
Effective Date: July 1, 2024.
Explanation of State Expenditures:
Explanation of State Revenues: Medicaid Estate Recovery Unit: The bill provides that if the unit does not
take action within two months after receiving notice, the unit is barred from seeking recovery against the
decedent’s estate. This provision could potentially decrease revenue to the Medicaid Estate Recovery Unit
to the extent the State is unable to recoup cost paid by Medicaid on behalf of qualified individuals.
Under IC 29-1-7-7, the unit may file a claim against the decedent’s estate within three months from the date
of notice, or within nine months after the decedent’s death, whichever is earlier. After nine months, the unit
is barred from filing claims against the estate. It is unknown how many claims are filed after the deadline.
[An information request is pending with FSSA. This fiscal note will be updated as additional information
becomes available.]
Explanation of Local Expenditures: County Recorder: The bill could potentially increase the workload
of the county recorder to include cross-references concerning a previously recorded document.
Court: If an objection to the qualified real property order is filed in a timely manner, the court shall hold a
hearing. This provision will have minimal impact on the workload of the court.
Explanation of Local Revenues:
SB 18 2 State Agencies Affected: Medicaid Estate Recovery Unit, FSSA.
Local Agencies Affected: County recorders; Trial courts, city and town courts.
Information Sources: IC 29-1-7-7; 29-1-7.5-4.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 18 3