SB 287 IN

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Became Law

Provides that a person may sign a form of living will declaration or a form of life prolonging procedures will declaration in the presence of a notary public. Removes nonconforming language in a petition for administration statute. Clarifies the service requirements for certain probate notices. Provides that a testator or a testator's agent may send written notice of the existence of a will to certain persons. Provides that if a testator's will includes a provision exercising a power of appointment, the testator or the testator's agent may notify certain persons of the existence of the will. Provides that a written notice of the existence of a will contains certain information. Provides for a procedure to contest certain wills. Provides that if a notice to contest the validity of a trust pertains to a trust created by a settlor who is still living, a complete copy of the trust instrument must be sent with the notice to each recipient. Sets forth certain complaint and notice requirements if a trust is being contested. Allows a court to increase, decrease, or waive the bond amount that: (1) a nonresident personal representative; or (2) a personal representative who becomes a nonresident; is to file in order to administer an unsupervised estate. Sets forth the requirements for: (1) a verified petition for a confidential health disclosure order; and (2) the court procedures after the verified petition is filed. Provides that if a settlor revokes a revocable trust and the trustee does not deliver the trust property, the remaining trust property becomes part of the revoking settlor's probate estate. Provides that certain grantors are entitled to reimbursement from a trust for certain taxes. Provides that an individual may execute certain authority for an application for public benefits on behalf of the individual. Sets forth requirements for the enforcement of a portability agreement contained within a premarital agreement or postmarital agreement. Makes conforming and clarifying changes. (The introduced version of this bill was prepared by the probate code study commission.)

• Aaron Freeman Republican · author
• Eric Koch Republican · author
• Jerry Torr · sponsor

1. Jan 11, 2023 Authored by Senator Freeman · upper
2. Jan 11, 2023 First reading: referred to Committee on Judiciary · upper
3. Jan 19, 2023 Committee report: amend do pass, adopted · upper
4. Jan 19, 2023 Pursuant to Senate Rule 68(b); reassigned to Committee on Appropriations · upper
5. Jan 23, 2023 Senator Koch added as second author · upper
6. Jan 26, 2023 Pursuant to Senate Rule 68(b); reassigned to Committee on Rules and Legislative Procedure · upper
7. Jan 26, 2023 Committee report: without recommendation, adopted · upper
8. Jan 30, 2023 Second reading: ordered engrossed · upper
9. Jan 31, 2023 Third reading: passed; Roll Call 53: yeas 49, nays 0 · upper
10. Jan 31, 2023 House sponsor: Representative Torr · upper
11. Feb 2, 2023 Referred to the House · upper
12. Feb 28, 2023 First reading: referred to Committee on Judiciary · lower
13. Mar 16, 2023 Committee report: do pass, adopted · lower
14. Mar 20, 2023 Second reading: ordered engrossed · lower
15. Mar 27, 2023 Third reading: passed; Roll Call 304: yeas 96, nays 0 · lower
16. Mar 28, 2023 Returned to the Senate without amendments · lower
17. Mar 30, 2023 Signed by the President Pro Tempore · upper
18. Apr 11, 2023 Signed by the Speaker · lower
19. Apr 18, 2023 Signed by the President of the Senate · upper
20. Apr 20, 2023 Public Law 38 · upper
21. Apr 20, 2023 Signed by the Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Enrolled Senate Bill (S) · Mar 29, 2023 · PDF
• Introduced Senate Bill (S) · Jan 11, 2023 · PDF
• Senate Bill (S) · Jan 19, 2023 · PDF
• Senate Bill (S) · Jan 26, 2023 · PDF
• Senate Bill (H) · Mar 16, 2023 · PDF