HB 1255 IN

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Became Law

Provides that a testator may execute a will in two or more counterparts. Specifies certain requirements for a will executed in two or more counterparts. Provides that a self-proving clause may be incorporated into or affixed to a will. Specifies certain requirements for self-proving clauses and wills. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of a will. Exempts a will from the need for a recertification or a reexecution in certain instances. Specifies certain requirements concerning the execution of an electronic will. Allows an attorney or paralegal to supervise the execution of an electronic will. Exempts electronic wills from the need for recertification or reexecution in certain instances. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of an electronic will. Specifies certain requirements concerning the execution of a power of attorney. Allows a power of attorney to be executed in two or more counterparts. Specifies certain requirements for the execution of a power of attorney in two or more counterparts. Allows a self-proving clause to be incorporated into or affixed to a power of attorney. Specifies certain requirements for self-proving clauses incorporated into or affixed to a power of attorney. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of a power of attorney. Provides that an electronically signed and notarized electronic power of attorney is valid if the electronic power of attorney complies with certain specified requirements. Specifies certain requirements for attesting witnesses involved in the execution of a power of attorney or an electronic power of attorney. Allows a self-proving clause to be incorporated into or affixed to a power of attorney. Specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of an electronic power of attorney. Provides that certain persons are ineligible to sign certain trust instruments. Requires certain transfer on death conveyances to occur in the presence of a disinterested witness. Repeals certain provisions concerning mortgages, conveyances, and other written instruments that are executed in a foreign country. Repeals certain provisions concerning the affixing of a private seal or ink scroll on certain conveyances involving land or interests in land. Specifies certain requirements concerning land conveyances performed by attorneys in fact. Requires certain notarial acts to accompany the recording of certain conveyances. Requires an English translation for certain instruments, acknowledgments, and proofs when the original document is not in English. Repeals a provision concerning the recording of a conveyance, mortgage, or other instrument in a county other than the county where the conveyance, mortgage, or other instrument is required to be recorded. Repeals a provision concerning the recording of a conveyance that is acknowledged outside Indiana but within the United States. Specifies: (1) certain prerequisites; and (2) a certain form; for the recording of certain instruments. Repeals a provision concerning the receipt of an acknowledgment by a public officer. Specifies that an instrument's acknowledgment or proof is incomplete when an instrument does not include an accompanying certificate. Provides that the transcript of an instrument that is recorded without a certificate cannot be read into or received as evidence. Specifies requirements concerning electronic recording of certain instruments concerning real property. Requires county recorders to implement specified functions concerning the: (1) acceptance; (2) receipt; (3) indexing; (4) storage; (5) archiving; and (6) transmittal; of electronically recorded instruments. Specifies certain requirements concerning the recording of a paper or tangible copy of an electronic instrument. Repeals a provision concerning the acknowledgment of certain instruments and the performance of certain notarial acts for a person serving in the armed forces, merchant marine, or outside the United States in connection with a wartime activity. Repeals provisions concerning: (1) certain notarial acts; and (2) acknowledgments; and their respective uses as prima facie evidence. Repeals a provision concerning certain executed instruments and a failure to state the location of the instrument's execution or any accompanying acknowledgment, if applicable. Provides that certain notarial acts are considered to have been performed in Indiana when certain specified criteria are met. Requires a county recorder's office to provide notice of office closures that last three or more days. Defines certain terms. Makes conforming amendments. Removes sections that conflict with HEA 1056. Makes a technical correction.

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

1. Jan 14, 2021 Coauthored by Representative Torr · lower
2. Jan 14, 2021 Authored by Representative Young J · lower
3. Jan 14, 2021 First reading: referred to Committee on Judiciary · lower
4. Jan 26, 2021 Committee report: amend do pass, adopted · lower
5. Jan 28, 2021 Second reading: ordered engrossed · lower
6. Jan 28, 2021 Representative Hatfield added as coauthor · lower
7. Feb 1, 2021 Third reading: passed; Roll Call 27: yeas 95, nays 1 · lower
8. Feb 1, 2021 Senate sponsor: Senator Freeman · lower
9. Feb 2, 2021 Referred to the Senate · lower
10. Feb 18, 2021 First reading: referred to Committee on Judiciary · upper
11. Mar 16, 2021 Senator Randolph added as cosponsor · upper
12. Mar 18, 2021 Committee report: amend do pass, adopted · upper
13. Mar 22, 2021 Second reading: ordered engrossed · upper
14. Mar 23, 2021 Senator Koch added as second sponsor · upper
15. Mar 23, 2021 Third reading: passed; Roll Call 261: yeas 41, nays 8 · upper
16. Mar 24, 2021 Returned to the House with amendments · upper
17. Mar 31, 2021 Motion to concur filed · lower
18. Apr 1, 2021 House concurred in Senate amendments; Roll Call 344: yeas 84, nays 1 · lower
19. Apr 7, 2021 Signed by the Speaker · lower
20. Apr 8, 2021 Signed by the President Pro Tempore · upper
21. Apr 28, 2021 Signed by the President of the Senate · upper
22. Apr 29, 2021 Public Law 185 · lower
23. Apr 29, 2021 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 House Bill (H) · Apr 1, 2021 · PDF
• Introduced House Bill (H) · Jan 8, 2021 · PDF
• House Bill (H) · Jan 26, 2021 · PDF
• House Bill (S) · Mar 18, 2021 · PDF