Ind. Code ch. 2-5-16.1

Ind. Code ch. 2-5-16.1
in effect

Ind. Code § 2-5-16.1-1 "Committee"

Sec. 1. As used in this chapter, "committee" refers to the probate code study committee established by section 2 of this chapter. As added by P.L.231-2019, SEC.3. Amended by P.L.42-2024, SEC.7.

Ind. Code § 2-5-16.1-2 Probate code study committee

Sec. 2. The probate code study committee is established. As added by P.L.231-2019, SEC.3. Amended by P.L.42-2024, SEC.8.

Ind. Code § 2-5-16.1-3 Membership; term of service

Sec. 3. (a) The committee has the following membership: (1) Nine (9) members appointed by the governor that meet the following requirements: (A) Each Indiana congressional district must be represented by at least one (1) member appointed under this subdivision who is a resident of that congressional district. (B) One (1) member must work in the trust department of a bank, trust company, savings institution, or credit union chartered and supervised under IC 28 or federal law. (C) One (1) member must be an attorney licensed in Indiana who primarily practices in the area of creditors' rights. (D) One (1) member must be an attorney licensed in Indiana who practices in the area of estate planning. (E) One (1) member must be an attorney licensed in Indiana who practices in the area of guardianships. (F) One (1) member must be an attorney licensed in Indiana who practices in the area of trusts. (G) One (1) member must be an attorney licensed in Indiana who practices in the area of probate of estates. (H) One (1) member must be an attorney licensed in Indiana who practices in the area of probate litigation. (I) One (1) member must be an Indiana trial court judge, full-time magistrate, or full-time commissioner whose jurisdiction includes probate. (J) One (1) member must be an active or retired faculty member of an Indiana institution of higher learning who specializes in the field of estate planning and probate. (2) Three (3) members appointed by the president pro tempore of the senate from among the members of the senate, not more than two (2) of whom may be affiliated with the same political party. (3) Three (3) members appointed by the speaker of the house of representatives from among the members of the house of representatives, not more than two (2) of whom may be affiliated with the same political party. (4) The chief justice of the supreme court or a designee of the chief justice, who shall serve as a nonvoting member. (b) If a legislative member of the committee ceases to be a member of the chamber from which the member was appointed, the person ceases to be a member of the committee. (c) The term of a legislative member is two (2) years. A legislative member's term expires on June 30 of an odd-numbered year. The term of a member appointed by the governor is four (4) years and expires as follows: (1) For a member appointed under subsection (a)(1)(B) through (a)(1)(F), June 30, 2025, and every fourth year thereafter. (2) For a member appointed under subsection (a)(1)(G) through (a)(1)(J), June 30, 2027, and every fourth year thereafter. A member of the committee may be reappointed to successive terms. (d) If: (1) the term of a member expires; (2) the member is not reappointed; and (3) a successor is not appointed; the term of the member continues until a successor is appointed. As added by P.L.231-2019, SEC.3. Amended by P.L.154-2022, SEC.1; P.L.42-2024, SEC.9.

Ind. Code § 2-5-16.1-3.5 Governing authorities

Sec. 3.5. Except as otherwise provided in this chapter, the committee is subject to IC 2-5-1.2 and the policies and rules of the legislative council. As added by P.L.42-2024, SEC.10.

Ind. Code § 2-5-16.1-6 Quorum; required number of affirmative votes to take final action

Sec. 6. (a) A quorum for a meeting of the committee is determined as follows: STEP ONE: Determine the total number of members currently serving on the committee. STEP TWO: Divide the number determined in STEP ONE by two (2). If the quotient is not a whole number, round the quotient up to the nearest whole number. STEP THREE: Add one (1) member to the quotient determined in STEP TWO. (b) The affirmative votes of at least eight (8) voting members of the committee are required for the committee to take final action. As added by P.L.231-2019, SEC.3. Amended by P.L.154-2022, SEC.2; P.L.42-2024, SEC.13.

Ind. Code § 2-5-16.1-7 Rules; subcommittees

Sec. 7. Subject to applicable statutes and policies established by the legislative council, the committee, by resolution, may adopt rules and create subcommittees, consisting of its members, necessary for the proper conduct of its business. As added by P.L.231-2019, SEC.3. Amended by P.L.42-2024, SEC.14.

Ind. Code § 2-5-16.1-11 Additional funding sources

Sec. 11. Subject to standards set by statute and the policies established by the legislative council, the committee may accept money or services from any public or private source to carry out this chapter. As added by P.L.231-2019, SEC.3. Amended by P.L.42-2024, SEC.18.

Ind. Code § 2-5-16.1-13 Study and recommendations

Sec. 13. The committee shall carry out a program to study and recommend to the general assembly needed changes in the following: (1) The probate code (IC 29-1). (2) The trust code (IC 30-4). (3) Any other statute affecting the administration of a decedent's estate, guardianship, probate jurisdiction, trust, or fiduciary. As added by P.L.231-2019, SEC.3. Amended by P.L.42-2024, SEC.20.

Ind. Code § 2-5-16.1-14 Referral of issues from legislative council

Sec. 14. The legislative council may refer any issue related to probate or trusts and fiduciaries to the committee for study. If a matter is referred to the committee under this section, the committee shall study that matter and report in an electronic format under IC 5-14-6 to the legislative council as requested by the council. As added by P.L.231-2019, SEC.3. Amended by P.L.42-2024, SEC.21.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/2Fetched: 10/17/2026

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