Indiana Code 2-5-16.1-3. Membership; term of service
(1) Nine (9) members appointed by the governor that meet the following requirements:
Terms Used In Indiana Code 2-5-16.1-3
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- commission: refers to the probate code study commission established by section 2 of this chapter. See Indiana Code 2-5-16.1-1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Probate: Proving a will
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(B) One (1) member must work in the trust department of a bank, trust company, savings institution, or credit union chartered and supervised under Ind. Code § 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 commission ceases to be a member of the chamber from which the member was appointed, the person ceases to be a member of the commission.
(c) The term of a member is two (2) years.
(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.
(e) All initial appointments to the probate code study commission must be made no later than July 1, 2019.
As added by P.L.231-2019, SEC.3. Amended by P.L.154-2022, SEC.1.