HB 1208 IN

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In one instance in the law on health care advance directives, changes the word "testator" to "declarant". Amends several provisions relating to the filing of notices to make those provisions consistent with Rules of Trial Procedure 86 and 87 concerning electronic filing. Resolves inconsistencies in two sections of the chapter on dispensing with administration so that those sections authorize a fiduciary to distribute and disburse the estate assets before filing a closing statement. Authorizes the appointment of a special administrator under certain circumstances and establishes a procedure for the appointment of a special administrator for the purpose of pursuing a claim for a decedent's wrongful death. In a section concerning the filing of an electronic will, replaces an incorrect reference with a reference to the Rules on Access to Court Records. Provides that a video or audio recording of a principal who executes a power of attorney may be admissible as evidence of matters relevant to the validity or enforceability of the power of attorney. Provides that any objection to a final account and petition for distribution of a decedent's estate must be filed at least 14 days before the hearing date. Eliminates references to a trustee "docketing" a trust and identifies permissible methods for the filing of a copy of a trust instrument with a court. Amends two definitions of "electronic power of attorney" to provide that an electronic power of attorney may be signed in the presence of witnesses instead of being notarized. Provides that a person who has been found guilty, or guilty but mentally ill, on a charge of causing an unlawful death of a decedent is a constructive trustee of certain property acquired or entitled to be received by the culpable person. Includes a married individual who does not have any dependents and whose death was caused by a spouse within the definition of "adult person" for the purpose of a wrongful death action. Makes conforming changes. Makes technical corrections. (The introduced version of this bill was prepared by the probate code study commission.)

• John Young · author
• Aaron Freeman Republican · sponsor
• Eric Koch Republican · sponsor

1. Jan 6, 2022 Authored by Representative Young J · lower
2. Jan 6, 2022 First reading: referred to Committee on Judiciary · lower
3. Jan 13, 2022 Committee report: do pass, adopted · lower
4. Jan 18, 2022 Second reading: ordered engrossed · lower
5. Jan 20, 2022 Senate sponsors: Senators Freeman and Koch · lower
6. Jan 20, 2022 Third reading: passed; Roll Call 51: yeas 86, nays 0 · lower
7. Jan 21, 2022 Referred to the Senate · lower
8. Feb 1, 2022 First reading: referred to Committee on Judiciary · upper
9. Feb 10, 2022 Committee report: amend do pass, adopted · upper
10. Feb 14, 2022 Amendment #1 (Freeman) prevailed; voice vote · upper
11. Feb 14, 2022 Second reading: amended, ordered engrossed · upper
12. Feb 15, 2022 Third reading: passed; Roll Call 202: yeas 47, nays 0 · upper
13. Feb 16, 2022 Returned to the House with amendments · upper
14. Feb 21, 2022 Motion to concur filed · lower
15. Feb 22, 2022 House concurred in Senate amendments; Roll Call 247: yeas 92, nays 0 · lower
16. Feb 24, 2022 Signed by the President Pro Tempore · upper
17. Feb 24, 2022 Signed by the Speaker · lower
18. Mar 15, 2022 Signed by the President of the Senate · upper
19. Mar 18, 2022 Signed by the Governor · executive
20. Mar 18, 2022 Public Law 162 · lower

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 House Bill (H) · Feb 22, 2022 · PDF
• Introduced House Bill (H) · Jan 5, 2022 · PDF
• House Bill (H) · Jan 13, 2022 · PDF
• House Bill (S) · Feb 10, 2022 · PDF
• Engrossed House Bill (S) · Feb 14, 2022 · PDF