Authority: IC 30-2

Affected: IC 25-15-9-8; IC 25-15-9-18

Sec. 3. (a) A trustee or escrow agent acting as a fiduciary, as defined at IC 30-2-13-11 and including an insurance company holding prepaid funeral funds, that disburses funds in a funeral trust or escrow account established under IC 30-2-9, IC 30-2-10, or IC 30-2-13 may do so only when documentation is submitted to the trustee or escrow agent acting as a fiduciary verifying both:

1. (1) the death of the individual for whom services were to be provided under contract; and
2. (2) that the beneficiary of the trust has fully performed all funeral and burial services provided for in the contract.

(b) Presentation of one (1) of the following documents shall be satisfactory verification of proof of death under subsection (a)(1):

1. (1) A completed and executed copy of a death certificate.
2. (2) Certification of proof of death from the coroner pending issuance of a death certificate.
3. (3) For burial purposes only, a burial permit.

(c) Presentation of one (1) of the following documents shall be satisfactory verification of performance of services under subsection (a)(2):

1. (1) In the event of a merchandise sale only, an invoice for merchandise that reflects the name of the purchaser or beneficiary and the contract number.
2. (2) Acknowledgment signed by the purchaser, next of kin, or a person who has authority to designate final disposition of remains, acknowledging that merchandise was delivered or services were performed, as permitted by IC 25-15-9-18.

(d) The beneficiary of the trust shall maintain documentation, in original or electronic format, for at least three (3) years after the date of full performance of the contract.

(State Board of Funeral and Cemetery Service; 832 IAC 6-1-3; filed Mar 11, 2013, 2:50 p.m.: 20130410-IR-832120198FRA; readopted filed Nov 25, 2013, 9:23 a.m.: 20131225-IR-832130288RFA; readopted filed Nov 27, 2019, 3:13 p.m.: 20191225-IR-832190184RFA)