Probate and property matters

H.E.A. 1255, P.L. 185
Effective: April 29, 2021

Wills

  • Provides that a testator may execute a will in two or more counterparts and 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 and 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 re-execution in certain instances. Specifies certain requirements concerning the execution of an electronic will.
  • Allows an attorneyor paralegal to supervise the execution of an electronic will.
  • Exempts electronic wills from the need for recertification or re-execution 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.

Powers of Attorney

  • Specifies certain requirements concerning the execution of a power of attorney.
  • Allows a power of attorney to be executed in two or more counterparts and 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 and specifies that certain photographic, video, and audio evidence may be used as evidence with respect to the execution of an electronic power of attorney.

Other conveyances

  • 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

Read the bill at: http://iga.in.gov/legislative/2021/bills/house/1255