HB 1088 IN

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Became Law

Clarifies that a personal representative or the personal representative's agent shall serve a written or electronic copy of the notice of the estate administration on a creditor of the decedent within one month of the notice being published. Requires the personal representative or the personal representative's agent to file and serve a new proposed notice with the clerk of court for a creditor that is served more than one month after the notice is published. Clarifies that a creditor that is served notice more than one month after the notice is published must file a claim against the estate within two months of the date of service of the notice. Provides a template for notice that is served more than one month after the notice is published. Allows a: (1) personal representative of an unsupervised estate; or (2) trustee of a trust; to distribute all or part of a decedent's interest in a retirement plan or retirement account without a court order. Defines a "direct postmortem transfer" as a transfer of an asset to a testamentary trust established in a will admitted to probate that meets certain conditions. Specifies that a direct postmortem transfer is a transfer of an asset or property to a trust established by a will for all purposes of the Social Security Act. Establishes that the effective date of the testamentary trust is the date of the decedent's death. Provides that a power of attorney authority to take certain actions concerning tax matters of the principal does not terminate upon the death of the principal. Specifies that this authority terminates upon the appointment of a personal representative. (The introduced version of this bill was prepared by the probate code study committee.)

• Chris Jeter Republican · author
• Liz Brown Republican · sponsor

1. Jan 8, 2025 First reading: referred to Committee on Judiciary · lower
2. Jan 8, 2025 Authored by Representative Jeter · lower
3. Jan 21, 2025 Committee report: amend do pass, adopted · lower
4. Jan 27, 2025 Second reading: ordered engrossed · lower
5. Jan 28, 2025 Third reading: passed; Roll Call 24: yeas 89, nays 0 · lower
6. Jan 28, 2025 Senate sponsor: Senator Brown L · lower
7. Jan 28, 2025 Cosponsor: Senator Koch · lower
8. Jan 28, 2025 Representatives Morris and Zimmerman added as coauthors · lower
9. Jan 29, 2025 Referred to the Senate · lower
10. Feb 18, 2025 First reading: referred to Committee on Judiciary · upper
11. Mar 6, 2025 Committee report: do pass, adopted · upper
12. Mar 10, 2025 Amendment #1 (Brown L) prevailed; voice vote · upper
13. Mar 10, 2025 Second reading: amended, ordered engrossed · upper
14. Mar 12, 2025 Returned to the House with amendments · upper
15. Mar 11, 2025 Third reading: passed; Roll Call 224: yeas 49, nays 1 · upper
16. Mar 20, 2025 Motion to concur filed · lower
17. Mar 24, 2025 House concurred with Senate amendments; Roll Call 302: yeas 95, nays 0 · lower
18. Mar 27, 2025 Signed by the Speaker · lower
19. Mar 27, 2025 Signed by the President Pro Tempore · upper
20. Apr 3, 2025 Signed by the President of the Senate · upper
21. Apr 10, 2025 Signed by the Governor · executive
22. Apr 10, 2025 Public Law 50 · lower