HB 1088 Indiana House · 2025 Regular Session

Various probate matters.

Summary
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.)
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Mar 2025
House Passage
Mar 2025
Senate Passage
Apr 2025
Signed into Law
Apr 2025
Introduced Jan 8, 2025 Signed Apr 10, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

Enrolled House Bill (H) House Bill (S) · 4 edits
MODERATE
HB 1088 was reformatted from an enrolled act to a House Bill version, updating the legislative session information, bill number, and digest while retaining the core probate law amendments. The substantive policy content regarding creditor notice requirements, retirement plan distributions, and postmortem transfers remains unchanged.
Scope change
null
TECHNICAL

Updated session header from 'First Regular Session of the 124th General Assembly (2025)' to include bill number HB 1088 and digest information dated January 21, 2025

Changed document title from 'HOUSE ENROLLED ACT No. 1088' to 'HOUSE BILL No. 1088' with updated digest and citation information

Reorganized page numbering and formatting to match House Bill standards rather than enrolled act format

Updated legislative history dates to reflect January 8, 2025 first reading and January 21, 2025 committee reporting

Floor votes · Senate Mar 11, 2025 · House Jan 28, 2025

How they voted

491
Passed
Total votes 50
Mar 11, 2025
D Democratic10
9 Yea 1 Nay
90% Yea
R Republican40
40 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
10
Committee
2
Amendments
1
Apr 10, 2025
Signed into law
Signed by the Governor
executive
Apr 3, 2025
Upper · Passed
Signed by the President of the Senate
upper
Mar 27, 2025
Upper · Passed
Signed by the President Pro Tempore
upper
Mar 27, 2025
Lower · Passed
Signed by the Speaker
lower
Mar 24, 2025
Lower · Passed
House concurred with Senate amendments; Roll Call 302: yeas 95, nays 0
lower
Mar 11, 2025
Upper · Passed
Third reading: passed; Roll Call 224: yeas 49, nays 1
upper
Mar 10, 2025
Upper · Passed
Amendment #1 (Brown L) prevailed; voice vote
upper
Mar 6, 2025
Upper · Passed
Committee report: do pass, adopted
upper
Jan 28, 2025
Lower · Passed
Third reading: passed; Roll Call 24: yeas 89, nays 0
lower
Jan 21, 2025
Lower · Passed
Committee report: amend do pass, adopted
lower
2 primary · 3 co-sponsors

Sponsors