Probate Law

April 9, 2015 | Category: Probate

The House Judiciary Committee heard SB 65 concerning claim deadlines authored and presented by Sen. Holman. The bill amends provisions related to the time frame for barring claims filed against an estate and the statute of limitations on claims. These provisions would apply to estates when the decedent’s death occurred after June 30, 2015. An amendment was offered that provides a new procedure for filing a notice to preserve a claim with the clerk’s office for a $25 fee. The notice to preserve a claim may be filed at any time after the decedent’s death, before a petition to appoint a personal representative is filed, and not later than nine months after the decedent’s death. This provision specifies what information must be included in the notice to preserve a claim, these notices may be assigned to another any time after filing, and these notices expire18 months after the decedent’s death. The amendment also details the specific circumstances that will result in a barred claim based on key time lines and whether or not a notice to preserve a claim was filed; requires the personal representative to specify the proper deadline for claims on notices served to creditors; and makes conforming amendments to the statute of limitation provisions. The amendment was adopted by consent. The Indiana State Bar Association testified in favor of the bill and amendment. The bill passed as amended 11-0.