January 25, 2000
HOUSE BILL No. 1376
DIGEST OF HB 1376
(Updated January 20, 2000 5:08 PM - DI 94)
Citations Affected: IC 29-1.
Synopsis: Safety deposit boxes. Specifies that a small estate affidavit
may be used to require a financial institution holding personal property
of a decedent in a safety deposit box to deliver the property to the
person claiming to be entitled to delivery of property of the decedent.
Effective: July 1, 2000.
Smith V, Dobis, Burton, Dumezich
January 11, 2000, read first time and referred to Committee on Financial Institutions.
January 24, 2000, reported _ Do Pass.
January 25, 2000
Second Regular Session 111th General Assembly (2000)
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HOUSE BILL No. 1376
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 29-1-8-1; (00)HB1376.1.1. -->
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2000]: Sec. 1. (a) Forty-five (45) days after the
death of a decedent and upon being presented an affidavit that complies
with subsection (b), a person:
(1) indebted to the decedent; or
(2) having possession of personal property, or an instrument
evidencing a debt, an obligation, a stock, or a chose in action
belonging to the decedent;
shall make payment of the indebtedness or deliver the personal
property or an instrument evidencing a debt, an obligation, a stock, or
a chose in action to a person claiming to be entitled to payment or
delivery of property of the decedent.
(b) The affidavit required by subsection (a) must be an affidavit
made by or on behalf of the claimant stating that:
(1) the value of the gross probate estate, wherever located (less
liens and encumbrances), does not exceed twenty-five thousand
(2) forty-five (45) days have elapsed since the death of the
(3) no application or petition for the appointment of a personal
representative is pending or has been granted in any jurisdiction;
(4) the claimant is entitled to payment or delivery of the property.
(c) If a motor vehicle or watercraft (as defined in
is part of the estate, nothing in this section shall prohibit a transfer of
the certificate of title to the motor vehicle if five (5) days have elapsed
since the death of the decedent and no appointment of a personal
representative is contemplated. A transfer under this subsection shall
be made by the bureau of motor vehicles upon receipt of an affidavit
containing a statement of the conditions required by subsection (b)(1)
and (b)(4). The affidavit must be duly executed by the distributees of
(d) A transfer agent of a security shall change the registered
ownership on the books of a corporation from the decedent to a
claimant upon the presentation of an affidavit as provided in subsection
(e) For the purposes of subsection (a), an insurance company that,
by reason of the death of the decedent, becomes obligated to pay a
death benefit to the estate of the decedent is considered a person
indebted to the decedent.
(f) For purposes of subsection (a), property in a safe deposit box
rented by a decedent from a financial institution organized or
reorganized under the law of any state (as defined in
) or the United States is considered personal property
belonging to the decedent in the possession of the financial