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: Feb 22, 2024
BILL NUMBER: SB 18 BILL AMENDED: Feb 22, 2024
SUBJECT: Various Probate Matters.
FIRST AUTHOR: Sen. Brown L BILL STATUS: CR Adopted - 2
nd
House
FIRST SPONSOR: Rep. Torr
FUNDS AFFECTED: GENERAL IMPACT: Local
DEDICATED
FEDERAL
Summary of Legislation: (Amended) 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 provides that a court may order a convicted felon to serve as a personal representative under
certain circumstances.
D. 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.
E. It provides that a verified petition for the issuance of a confidential health disclosure order must state
whether the alleged incapacitated person cannot provide or has refused to provide written
authorization for disclosure of certain medical information.
F. 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.
G. It provides signature formats for an attorney in fact to use when signing an instrument on behalf of
a principal.
SB 18 1 H. It provides recording requirements when including cross-references to a previously recorded
document.
I. It requires the endorsement of the county auditor to record a transfer on death deed and instrument.
J. It specifies who an owner may designate as a grantee in a beneficiary designation instrument.
K. It clarifies the form and scope of a transfer on death instrument.
L. 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:
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:
State Agencies Affected:
Local Agencies Affected: County recorders; Trial courts, city and town courts.
Information Sources: FSSA; IC 29-1-7-7; 29-1-7.5-4.
Fiscal Analyst: Corrin Harvey, 317-234-9438.
SB 18 2