Ind. Code § 29-3-1-2.5 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-2.5
"Conduct a criminal history check"
Status: in_force

Sec. 2.5. "Conduct a criminal history check" means to:

(1) request:

(A) the state police department to conduct a:

(i) fingerprint based criminal history background check of both national and state records data bases concerning a person who is at least eighteen (18) years of age in accordance with IC 10-13-3-27 and IC 10-13-3-39; or

(ii) national name based criminal history record check (as defined in IC 10-13-3-12.5) of a person who is at least eighteen (18) years of age as provided under IC 10-13-3-27.5; or

(B) if an individual has:

(i) a physical disability that prevents fingerprinting and a person approved by the department of child services who is trained to take fingerprints or a qualified medical practitioner (as defined in IC 31-9-2.1-196) verifies that the individual has a disabling condition that prevents fingerprinting; or

(ii) low quality fingerprints, as a result of age, occupation, or otherwise, that prevent fingerprint results from being obtained and the individual's fingerprints have been rejected the required number of times by automated fingerprint classification equipment or rejected by a person designated by the state police department to examine and classify fingerprints;

the state police department to conduct a national name based criminal history record check (as defined in IC 10-13-3-12.5) or request the state police department to release or allow inspection of a limited criminal history (as defined in IC 10-13-3-11) and the state police in every state the individual has resided in the past five (5) years to release or allow inspection of the individual's criminal history;

(2) collect each substantiated report of child abuse or neglect reported in a jurisdiction where a probation officer, a caseworker, or the department of child services has reason to believe that a person who is fourteen (14) years of age or older, or a person for whom a fingerprint based criminal history background check is required under IC 31, resided within the previous five (5) years;

(3) conduct a check of the national sex offender registry maintained by the United States Department of Justice for all persons who are at least fourteen (14) years of age; and

(4) conduct a check of local law enforcement agency records in every jurisdiction where a person who is at least eighteen (18) years of age has resided within the previous five (5) years unless the department of child services or a court grants an exception to conducting this check.

As added by P.L.104-2015, SEC.4. Amended by P.L.25-2017, SEC.1; P.L.11-2023, SEC.93; P.L.145-2026, SEC.152.
Ind. Code § 29-2-16.1-17 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-17
Liability; immunity
Status: in_force

Sec. 17. (a) A person who acts in accordance with this chapter is not liable for the act in a civil action or administrative proceeding.

(b) Neither the person making an anatomical gift nor the donor's estate is liable for any injury or damage that results from the making or use of the gift.

(c) In determining whether an anatomical gift has been made, amended, or revoked under this chapter, a person may rely upon representations of an individual listed in section 8(a)(2), 8(a)(3), 8(a)(4), 8(a)(5), 8(a)(7), 8(a)(8), or 8(a)(9) of this chapter relating to the individual's relationship to the donor or prospective donor unless the person knows that the representation is untrue.

(d) A health care provider is immune from civil liability for following a donor's unrevoked anatomical gift directive under this chapter or IC 9-24-17.

(e) A hospital or a recovery agency is immune from civil liability for determining in good faith and in compliance with this section that:

(1) an individual made a written anatomical gift; or

(2) an individual subsequently made a written revocation of an anatomical gift.

(f) A person who, in good faith reliance upon a will, card, or other document of gift, and without actual notice of the amendment, revocation, or invalidity of the will, card, or document:

(1) takes possession of a decedent's body or performs or causes to be performed surgical operations upon a decedent's body; or

(2) removes or causes to be removed organs, tissues, or other parts from a decedent's body;

is not liable in damages in any civil action brought against the donor for that act.

As added by P.L.147-2007, SEC.12. Amended by P.L.26-2021, SEC.6.
Ind. Code § 29-1-1-6 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-6
Disqualification of judges
Status: in_force

Sec. 6. When any judge or his spouse shall be related within the third degree of consanguinity, according to the civil law, to any of the parties or their attorneys, shall have drawn the will of the decedent, or shall be interested or have been counsel in any probate proceeding or any matter therein, the same shall be grounds for disqualifying such judge from acting in a controverted matter with respect to which his disqualification exists. When grounds for disqualification exist, the judge may refuse to act as judge therein; or, upon filing of a petition to disqualify such judge, stating the grounds therefor, by any person interested in the particular matter with respect to which his disqualification exists, the judge must not act therein. The grounds for disqualification stated herein are enumerated as additional grounds, and not in limitation of applicable grounds for disqualification provided by statute or by Supreme Court rule with respect to trial judges generally.

Formerly: Acts 1953, c.112, s.106.
Ind. Code § 29-1-11-1 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-1
Conditions requiring execution and filing
Status: in_force

Sec. 1. A personal representative is not required to execute and file a bond relating to the duties of his office unless:

(1) the will provides for the execution and filing of such a bond; or

(2) the court finds, on its own motion or on petition by an interested person, that a bond is necessary to protect creditors, heirs, legatees, or devisees.

Formerly: Acts 1953, c.112, s.1101; Acts 1971, P.L.408, SEC.1; Acts 1975, P.L.288, SEC.17.
Ind. Code § 29-3.5-4-3 — Indiana Code / Title 29 / Article 3.5 / Chapter 4 / Section 29-3.5-4-3
Powers of a registered out-of-state guardian or conservator
Status: in_force

Sec. 3. (a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian or conservator is not a resident of this state, subject to any conditions imposed upon nonresident parties.

(b) A court of this state may grant any relief available under this chapter and other laws of this state to enforce a registered order.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-2-9 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-9
Relationship through two lines; share
Status: in_force

Sec. 9. A person who is related to the intestate through two (2) lines of relationship, though under either one alone he might claim as next of kin, shall, nevertheless, be entitled to only one (1) share which shall be the share based on the relationship which would entitle him to the larger share.

Formerly: Acts 1953, c.112, s.209.
Ind. Code § 29-3-9-5 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-5
Inventory of guardianship property
Status: in_force

Sec. 5. (a) Within ninety (90) days after appointment, a guardian (other than a temporary guardian) shall file with the court a complete inventory of the property subject to the guardian's control together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. A temporary guardian shall file the inventory and oath or affirmation with the court within thirty (30) days after appointment. The inventory must conform to the requirements of IC 29-1-12-1. The guardian shall provide a copy of the inventory to the protected person if the protected person is at least fourteen (14) years of age. A copy also shall be provided to any guardian, parent, or person with whom the protected person resides and any other person ordered by the court. In addition, the guardian shall provide notice of the filing of the inventory to each person that was required to be notified of the hearing on the petition to establish the guardianship. The notice must be provided in the same manner as the notice of the hearing to establish a guardianship. The notice must include all of the following:

(1) The cause number.

(2) A statement that Indiana law requires a guardian to file with the court a written verified account of the guardian's administration:

(A) at least biennially, not more than thirty (30) days after the anniversary date of the guardian's appointment; and

(B) not more than thirty (30) days after the termination of the appointment.

(3) A statement that the inventory and the written verified accounts may be inspected at the court's address.

(b) The guardian shall keep suitable records of the guardian's administration and exhibit the records as ordered by the court.

As added by P.L.169-1988, SEC.1. Amended by P.L.265-1995, SEC.1.
Ind. Code § 29-1-17-4 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-4
Abatement of distributee shares; contribution by legatees and devisees
Status: in_force

Sec. 4. When real or personal property which has been specifically devised, or charged with a legacy, shall be sold or taken by the personal representative for the payment of:

(1) claims;

(2) general legacies;

(3) the allowance provided by IC 29-1-4-1;

(4) the shares of pretermitted heirs; or

(5) the share of the surviving spouse who elects to take against the will;

other legatees and devisees shall contribute according to their respective interests to the legatee or devisee whose legacy or devise has been sold or taken, so as to accomplish an abatement in accordance with the provisions of section 3 of this chapter. The court shall, at the time of the hearing on the petition for final distribution, determine the amounts of the respective contributions and whether the same shall be made before distribution or shall constitute a lien on specific property which is distributed.

Formerly: Acts 1953, c.112, s.1704. As amended by Acts 1981, P.L.260, SEC.3; P.L.42-2011, SEC.63.
Ind. Code § 29-1-7-17 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-17
Contest of wills; requisites; grounds
Status: in_force

Sec. 17. Except as provided in section 16.5 of this chapter, any interested person may contest the validity of any will in the court having jurisdiction over the probate of the will within three (3) months after the date of the order admitting the will to probate by filing in the same court, in a separate cause of action, the person's allegations in writing verified by affidavit, setting forth:

(1) the unsoundness of mind of the testator;

(2) the undue execution of the will;

(3) that the will was executed under duress or was obtained by fraud; or

(4) any other valid objection to the will's validity or the probate of the will.

The executor and all other persons beneficially interested in the will shall be made defendants to the action.

Formerly: Acts 1953, c.112, s.717; Acts 1975, P.L.288, SEC.9. As amended by P.L.172-1986, SEC.1; P.L.284-1987, SEC.1; P.L.94-1989, SEC.2; P.L.154-1990, SEC.5; P.L.252-2001, SEC.14; P.L.190-2016, SEC.37; P.L.194-2017, SEC.1; P.L.38-2023, SEC.4.
Ind. Code § 29-1-7-3.1 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-3.1
Will depository
Status: in_force

Sec. 3.1. (a) This section applies whether it is:

(1) known; or

(2) unknown;

whether a testator is living.

(b) As used in this section, "depositor" refers to a person who deposits a will with the circuit court clerk under this section.

(c) As used in this section, "will" refers to an original:

(1) will;

(2) codicil; or

(3) will and codicil.

(d) A person may deposit a will with the circuit court clerk of the county in which the testator resided when the testator executed the will. The circuit court clerk may assume, without inquiring into the facts, that the depositor's representation is accurate as to the county where the testator resided when the testator executed the will. Except as provided in subsection (e), the circuit court clerk shall collect a fee of twenty-five dollars ($25) for the deposit of the will. The circuit court clerk shall deposit the fee in the clerk's record perpetuation fund under IC 33-37-5-2.

(e) The circuit court:

(1) shall waive the fee under subsection (d) if:

(A) a court with probate jurisdiction of the county where the will is deposited certifies that the depositor deposits the will:

(i) as a participant; or

(ii) for a participant;

in a program of the supreme court, including the Judges and Lawyers Assistance Program established under Rule 31 of the supreme court Rules for Admission to the Bar and the Discipline of Attorneys; and

(B) the certification described in clause (A) accompanies the will when the will is deposited; and

(2) may waive the fee under subsection (d) if the depositor is no longer practicing law.

(f) Upon receipt of a will under this section, the circuit court clerk shall:

(1) provide the depositor with a receipt for the will;

(2) place the will in an envelope and seal the envelope securely in the presence of the depositor;

(3) designate on the envelope the:

(A) date of deposit;

(B) name of the testator; and

(C) name and address of the depositor; and

(4) index the will alphabetically by the name of the testator.

An envelope and will deposited under this section is not a public record under IC 5-14-3.

(g) During the testator's lifetime, the circuit court clerk shall:

(1) keep the envelope containing the will sealed; and

(2) deliver the envelope to:

(A) the testator; or

(B) a person authorized, in a writing signed by the testator, to receive the envelope.

(h) If the circuit court clerk has custody of the will after the death of the testator, the circuit court clerk may deliver the will to the court that has jurisdiction of the administration of the decedent's estate as set forth in section 3 of this chapter.

(i) A circuit court clerk may destroy a will deposited under this section if:

(1) the circuit court clerk has not received notice of the death of the testator; and

(2) at least one hundred (100) years have passed since the date the will was deposited.

(j) A depositor that complies with this section is immune from civil liability for depositing the will.

As added by P.L.238-2005, SEC.9.
Ind. Code § 29-1-2-15 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-15
Abandonment; forfeiture of rights to estate or trust
Status: in_force

Sec. 15. If a person shall abandon his or her spouse without just cause, he or she shall take no part of his or her estate or trust.

Formerly: Acts 1953, c.112, s.215; Acts 1975, P.L.289, SEC.1. As amended by P.L.238-2005, SEC.6.
Ind. Code § 29-1-7.5-1 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-1
Persons entitled to petition; notice to creditors
Status: in_force

Sec. 1. (a) Upon the filing of a petition under IC 29-1-7-5, the following persons may at any time petition the court for authority to have a decedent's estate administered without court supervision:

(1) The decedent's heirs at law if the decedent dies intestate.

(2) The legatees and devisees under the decedent's will.

(3) The personal representative.

(b) The clerk of the court shall sign and issue a notice of the filing of a petition for unsupervised administration.

(c) The petitioner or the petitioner's agent shall serve the notice described in subsection (b) upon the known creditors of the decedent as provided in IC 29-1-7-7(c), IC 29-1-7-7(d), and IC 29-1-7-7(f).

Formerly: Acts 1975, P.L.288, SEC.11. As amended by P.L.154-1990, SEC.6; P.L.38-2023, SEC.5; P.L.50-2025, SEC.2.
Ind. Code § 29-2-19-3 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-3
"Designee"
Status: in_force

Sec. 3. As used in this chapter, "designee" means an individual directed by the terms of a declaration to:

(1) carry out the funeral plan of the declarant as set forth in the declaration; or

(2) make any arrangements concerning the disposition of the declarant's remains, funeral services, merchandise, and ceremonies that are delegated to the designee in the declaration.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-1-22-2 — Indiana Code / Title 29 / Article 1 / Chapter 22 / Section 29-1-22-2
Establishment and administration of registry
Status: in_force

Sec. 2. (a) The Indiana supreme court and the office of judicial administration are authorized to establish and administer a statewide electronic estate planning documents registry under rules adopted by the Indiana supreme court.

(b) If permitted under the rules adopted for the registry, the following individuals may deposit one (1) or more of the items described in subsection (c) with the registry:

(1) A testator.

(2) A settlor.

(3) A principal.

(4) An attorney for any person described in subdivisions (1) through (3).

(5) A custodian of an electronic estate planning document.

(c) The following items may be deposited in the registry:

(1) Information concerning:

(A) individual testators, settlors, or principals;

(B) electronic estate planning documents; or

(C) the execution of an electronic estate planning document deposited into the registry.

(2) The electronic record for an electronic estate planning document.

(3) Any document integrity evidence associated with an electronic estate planning document.

(4) A digital and readable copy of a complete converted copy of an electronic estate planning document.

An item described in this subsection may be submitted to or deposited with the registry through digital or online means if permitted by the rules adopted for the registry.

(d) The administrator of the registry may collect a one (1) time fee for deposit of an item described in subsection (c). The amount charged under this subsection must:

(1) be set by the office of judicial administration; and

(2) be charged at the time of the deposit.

(e) The registry administrator shall create an index consisting of each item submitted to or deposited with the registry. The index shall be organized according to the following characteristics:

(1) The name of the testator, settlor, or principal.

(2) The county of residence for the testator, settlor, or principal.

(3) The date of execution of an electronic estate planning document.

(4) The date of submission to or deposit with the registry of information pertaining to an electronic estate planning document submitted to or deposited with the registry.

(5) The name of any attorney responsible for the preparation or execution of an electronic estate planning document.

The registry administrator shall assign a unique document number or identifier to each electronic estate planning document submitted to or deposited with the registry.

(f) The registry administrator shall make the index:

(1) available to the public; and

(2) searchable by digital or online means.

The registry administrator may not charge a fee for access to or use of the index.

(g) The registry administrator shall ensure that any information:

(1) contained in an electronic estate planning document submitted to or deposited with the registry; and

(2) not described in subsection (e);

is not accessible to or searchable by the public.

(h) The registry administrator, upon receipt of a digital, online, or written request by an interested person, shall issue a certified report specifying whether or not the registry possesses any items described in subsection (c) for the specific testator, settlor, or principal who is the subject of the request. If the registry possesses any items described in subsection (c) for a specific testator, settlor, or principal, any certified report issued under this subsection must contain the information described in subsection (e) for the applicable testator, settlor, or principal. The registry administrator may charge and collect a fee for each report issued under this subsection. A fee charged under this subsection must be:

(1) set by the office of judicial administration; and

(2) charged at the time the report described in this subsection is issued.

(i) The registry administrator, upon receipt of a digital, online, or written request from:

(1) a living testator, settlor, or principal;

(2) an attorney for a person described in subdivision (1);

(3) a person possessing written authorization from a living testator;

(4) a person nominated as the personal representative, trustee, or attorney in fact in an electronic estate planning document; or

(5) any interested person with respect to the testator's estate following the testator's death;

shall prepare and issue a certified transcript of the electronic estate planning document and all associated items in a form that may be digitally saved and printed.

(j) A certified transcript issued under subsection (i) must consist of:

(1) the electronic estate planning document or a complete converted copy of the electronic estate planning document, as applicable, if the complete document was submitted to or deposited with the registry;

(2) any document integrity evidence associated with the electronic estate planning document, as applicable;

(3) the date and time the electronic estate planning document was submitted to or deposited with the registry; and

(4) the unique document number or identifier that was assigned to the electronic estate planning document under subsection (e).

The registry administrator may charge a fee for each transcript issued under subsection (i). The amount charged for the issuance of a transcript must be set by the office of judicial administration and charged at the time the transcript is issued.

(k) A certified report issued under subsection (h) or a certified transcript issued under subsection (i) constitutes prima facie evidence of their respective contents and may be filed with a court without further authentication in any proceeding described under IC 29-1-7.

(l) Nothing in this chapter shall be construed to prohibit the Indiana supreme court and the office of judicial administration from expanding the scope of the registry to permit:

(1) traditional paper estate planning documents; or

(2) information concerning the execution of traditional paper estate planning documents;

from being submitted to or deposited with the registry. Documents described in subdivisions (1) and (2) must be subject to the same or substantially the same indexing, search procedures, transcript procedures, and fee rates as electronic estate planning documents.

As added by P.L.231-2019, SEC.20.
Ind. Code § 29-3-3-5 — Indiana Code / Title 29 / Article 3 / Chapter 3 / Section 29-3-3-5
Application for public assistance or transfer by chief of social services at state institution
Status: in_force

Sec. 5. The chief of social services (or a person designated by the chief of social services) at any institution under the control of the division of mental health and addiction or the division of disability, aging, and rehabilitative services may execute the necessary documents to make applications on behalf of a patient in the institution to receive public assistance or to transfer the patient to an alternate care facility without the appointment of a guardian or other order of court.

As added by P.L.169-1988, SEC.1. Amended by P.L.2-1992, SEC.793; P.L.1-1993, SEC.214; P.L.40-1994, SEC.74; P.L.215-2001, SEC.105; P.L.141-2006, SEC.110; P.L.122-2026, SEC.113.
Ind. Code § 29-1-16-4 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-4
Schedules; verification; certified public accountant
Status: in_force

Sec. 4. Accounts rendered to the court by a personal representative shall be for a period distinctly stated and shall consist of three (3) schedules, of which the first shall show the amount of the property chargeable to the personal representative; the second shall show payments, charges, losses and distributions; the third shall show the property on hand constituting the balance of such account, if any. When an account is filed, the personal representative shall also file receipts for disbursements of assets made during the period covered by the account. Whenever the personal representative is unable to file receipts for any disbursements, the court may permit him to substantiate them by other proof. The court may provide for an inspection of the balance of assets on hand. The court may, upon its own motion, or upon petition, provide that verification of accounts or credits thereon may be made by the unqualified certificate of a certified public accountant in lieu of receipts or other proof.

Formerly: Acts 1953, c.112, s.1604; Acts 1975, P.L.288, SEC.34.
Ind. Code § 29-3-8.5-4 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-4
Actions a volunteer advocate for seniors and incapacitated adults may take
Status: in_force

Sec. 4. (a) A volunteer advocates for seniors and incapacitated adults program may:

(1) consent to health care (as defined in IC 16-36-1-1) and other professional care and treatment for the incapacitated person's or senior's health and welfare;

(2) secure the appointment of a guardian or coguardian in another state;

(3) take custody of the incapacitated person or senior and establish the incapacitated person's or senior's residence within Indiana or another state in accordance with IC 29-3-9-2;

(4) institute proceedings or take other appropriate action to compel the performance by any person of a duty to support the incapacitated person's or senior's health or welfare;

(5) protect and preserve the property of the incapacitated person or senior and preserve any property in excess of the incapacitated person's or senior's current needs;

(6) delegate to the incapacitated person or senior certain responsibilities for decisions affecting the incapacitated person's or senior's business affairs and well-being; and

(7) petition the court to request the authority to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of an incapacitated person as provided under IC 29-3-9-12.2.

(b) A volunteer advocates for seniors and incapacitated adults program may exercise the powers of a guardian of a minor listed in IC 29-3-8-2 and IC 29-3-8-4.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.5; P.L.72-2010, SEC.8; P.L.83-2014, SEC.3; P.L.4-2020, SEC.8.
Ind. Code § 29-1-10-9 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-9
Joint representatives; powers; survivor
Status: in_force

Sec. 9. Every power exercisable by joint personal representative may be exercised by the survivor of them when one is dead or by the other when one appointment is terminated by order of the court, unless the power is given in the will and its terms otherwise provide as to the exercise of such power.

Formerly: Acts 1953, c.112, s.1009.
Ind. Code § 29-1-14-18 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-18
Compromise of claims
Status: in_force

Sec. 18. The personal representative may, if it appears for the best interests of the estate, compromise any claim against the estate, whether due or not due, absolute or contingent, liquidated or unliquidated, but if such claim is not filed such compromise must be consummated within three (3) months after the date of the first published notice to creditors. In the absence of prior authorization or subsequent approval by the court, no compromise shall bind the estate.

Formerly: Acts 1953, c.112, s.1418; Acts 1975, P.L.288, SEC.26. As amended by P.L.252-2001, SEC.21.
Ind. Code § 29-3-12-6 — Indiana Code / Title 29 / Article 3 / Chapter 12 / Section 29-3-12-6
Guardianship extends beyond age 18 if minor is incapacitated or receives certain DCS assistance
Status: in_force

Sec. 6. (a) If a protected person:

(1) is a minor; and

(2) has been adjudicated an incapacitated person;

the court may not terminate the guardianship of the protected person when the protected person attains eighteen (18) years of age.

(b) If a protected person is:

(1) a minor; and

(2) a recipient or beneficiary of financial assistance provided by the department of child services through a guardianship described in IC 31-9-2.1-47(1)(E);

the court may not terminate the guardianship of the protected person when the protected person attains eighteen (18) years of age.

As added by P.L.115-2012, SEC.2. Amended by P.L.145-2026, SEC.159.
Ind. Code § 29-3-1-10 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-10
"Minor"
Status: in_force

Sec. 10. "Minor" means an individual who is less than eighteen (18) years of age and who is not an emancipated minor.

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.2.
Ind. Code § 29-1-13-14 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-14
Investment of funds
Status: in_force

Sec. 14. Subject to his primary duty to preserve the estate for prompt distribution, and to the terms of the will, if any, the personal representative may with the approval of the court whenever it is reasonable to do so, invest the funds of the estate and make then productive. Such investments shall be restricted to the kinds of investments permitted to trustees by the laws of this state.

Formerly: Acts 1953, c.112, s.1314.
Ind. Code § 29-3-8.5-3 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-3
Duties
Status: in_force

Sec. 3. (a) A volunteer advocates for seniors and incapacitated adults program shall:

(1) serve as a guardian to represent and protect the best interests of an incapacitated person or senior including the person's property;

(2) investigate and gather information regarding the health, welfare, and financial circumstances of the incapacitated person or senior, as directed by a court;

(3) facilitate and authorize health care, social welfare, and residential placement services as needed by the incapacitated person or senior;

(4) advocate for the rights of the incapacitated person or senior;

(5) facilitate legal representation for the incapacitated person or senior;

(6) provide the court with the required reports under section 2 of this chapter; and

(7) perform any other responsibilities required by the court.

(b) A volunteer advocates for seniors and incapacitated adults program has the duties of the guardian of a minor listed in IC 29-3-8-1 and IC 29-3-8-3.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.4; P.L.72-2010, SEC.7; P.L.4-2020, SEC.7.
Ind. Code § 29-3.5-5-2 — Indiana Code / Title 29 / Article 3.5 / Chapter 5 / Section 29-3.5-5-2
Relation to the federal Electronic Signatures in Global and National Commerce Act
Status: in_force

Sec. 2. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. 7003(b).

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-2-2 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-2
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.202. Repealed by P.L.176-2003, SEC.7.
Ind. Code § 29-1-6-6 — Indiana Code / Title 29 / Article 1 / Chapter 6 / Section 29-1-6-6
Determination of heirship; good faith purchasers
Status: in_force

Sec. 6. (a) At any time during the administration of a decedent's estate, the personal representative or any interested person may petition the court to determine the heirs of said decedent and their respective interests in the estate or any part thereof. Upon the filing of the petition the court shall fix the time for the hearing thereof, notice of which shall be given to all persons known or believed to claim or have any interest in the estate or any part thereof as heir or through an heir of the decedent. In addition, notice by publication shall be given to all unknown heirs of the decedent.

(b) Upon the hearing of the petition, heirship may be determined by competent evidence or, if there be no objection, by affidavit. A record shall be made of all oral evidence, and such record and all affidavits shall remain as part of the files in the estate proceeding.

(c) Upon satisfactory proof the court shall make a decree determining the heirs of the decedent and their respective interests in the estate or any part thereof.

(d) The decree of court as provided in subsection (c) shall be conclusive of the facts determined therein on any interested person who has been notified personally or by mail in accordance with the provisions of this article, subject to the right of appeal.

(e) All acts of the personal representative which were lawful when performed according to the facts determined by the decree as provided in subsection (c) shall be valid insofar as concerns the rights and liability of a purchaser, lessee or other person dealing with the personal representative for value and in good faith and insofar as concerns a personal representative who has acted in good faith.

Formerly: Acts 1953, c.112, s.606. As amended by Acts 1982, P.L.171, SEC.18.
Ind. Code § 29-3-7-6 — Indiana Code / Title 29 / Article 3 / Chapter 7 / Section 29-3-7-6
Evidence of possessory and disposition rights in guardianship property; real property of guardianship; filing of letters of appointment or termination orders
Status: in_force

Sec. 6. (a) Letters are evidence that the guardian has all, and the protected person does not have any, rights to possess and dispose of the guardianship property. An order terminating a guardianship is evidence that the protected person has all, and the guardian does not have any, rights to possess and dispose of the guardianship property.

(b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to real estate, letters, and orders terminating the same may be filed or recorded in the county where the real estate in question is located to give record notice of rights of possession and disposal as between the guardian and the protected person.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-14-8 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-8
Contingent claims; liability of distributees; contribution
Status: in_force

Sec. 8. If a contingent claim shall have been filed and allowed against an estate, and all the assets of the estate including the fund, if any, set apart for the payment thereof, shall have been distributed, and the claim shall thereafter become absolute, the creditor shall have the right to recover thereon in the court having probate jurisdiction against those distributees whose distributive shares have been increased by reason of the fact that the amount of said claim as finally determined was not paid out prior to final distribution, provided an action therefor shall be commenced within three (3) months after the claim becomes absolute. Such distributees shall be jointly and severally liable, but no distributee shall be liable for an amount exceeding the amount of the estate or fund so distributed to him. If more than one (1) distributee is liable to the creditor, the distributee shall make all distributees who can be reached by process parties to the action. By its judgment the court shall determine the amount of the liability of each of the defendants as between themselves, but if any be insolvent or unable to pay his proportion, or beyond the reach of process, the others, to the extent of their respective liabilities, shall nevertheless be liable to the creditor for the whole amount of the debt. If any person liable for the debt fails to pay the person's just proportion to the creditor, the person shall be liable to indemnify all who, by reason of such failure on the person's part, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions.

Formerly: Acts 1953, c.112, s.1408; Acts 1975, P.L.288, SEC.22. As amended by P.L.252-2001, SEC.18; P.L.1-2002, SEC.124.
Ind. Code § 29-1-3-6 — Indiana Code / Title 29 / Article 1 / Chapter 3 / Section 29-1-3-6
Waiver of right
Status: in_force

Sec. 6. (a) The right of election of a surviving spouse given under section 1 of this chapter may be waived before or after marriage by a written contract, agreement signed by the party waiving the right of election, after full disclosure of the nature and extent of such right, if the thing or the promise given such party is a fair consideration under all the circumstances.

(b) The promise of marriage, in the absence of fraud, is sufficient consideration in the case of an agreement made before marriage. An agreement waiving a right of election may be filed in the same manner as provided for the filing of an election under section 3 of this chapter.

Formerly: Acts 1953, c.112, s.306. As amended by P.L.283-1987, SEC.3.
Ind. Code § 29-2-8-1 — Indiana Code / Title 29 / Article 2 / Chapter 8 / Section 29-2-8-1
Guardians; appointment; revocation
Status: in_force

Sec. 1. Whenever a person (referred to as an absentee) serving in or with the armed forces of the United States, or a person serving as a Merchant Marine of the United States, has been reported or listed as:

(1) missing;

(2) missing in action;

(3) interned in a neutral country; or

(4) beleaguered, besieged, or captured by an enemy;

has an interest in property in Indiana or is a legal resident of Indiana and has not provided an adequate power of attorney authorizing another to act in regard to the property or interest, a court having probate jurisdiction in the county of the absentee's legal domicile or in the county where the property, or a part of the property, is situated, may appoint a guardian to manage the absentee's property, under the supervision of the court. The guardian may be appointed upon the filing of a verified petition alleging the facts and showing the necessity for the management and control of the property of the absentee made by an interested person, or on the court's own motion, after notice to or the filing of waiver of notice from the presumptive heirs of the absentee. Within ten (10) days after appointment the guardian shall publish a notice of appointment in a newspaper of general circulation in the county once each week for three (3) weeks and shall mail a copy of the notice to the absentee addressed to the absentee's last known address. Any interested person may on application to the court require the guardian to show cause why the appointment should not be revoked. If an appointment is revoked, the revocation shall be without prejudice to the rights and interests of any person who relied upon it in good faith.

Formerly: Acts 1945, c.35, s.1. As amended by P.L.33-1989, SEC.52.
Ind. Code § 29-3-8-10 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-10
Access of guardian to digital assets; power conferred by court
Status: in_force

Sec. 10. (a) IC 32-39-2-11 applies to the right of a guardian to access:

(1) the content of an electronic communication;

(2) a catalogue of electronic communications; or

(3) any other digital asset;

of a protected person.

(b) This article:

(1) does not confer upon a guardian the power to access:

(A) the content of an electronic communication;

(B) a catalogue of electronic communications; or

(C) any other digital asset;

of a protected person unless a court expressly confers the power upon the guardian under IC 29-3-9-4.1; and

(2) confers upon a guardian the power to access:

(A) the content of an electronic communication;

(B) a catalogue of electronic communications; or

(C) any other digital asset;

of a protected person only to the extent that the court expressly confers the power upon the guardian under IC 29-3-9-4.1.

(c) For purposes of section 8 of this chapter, a power expressly conferred by a court upon a guardian under IC 29-3-9-4.1 is considered an additional responsibility and power within the meaning of section 8(a)(1) of this chapter.

As added by P.L.137-2016, SEC.6.
Ind. Code § 29-3-2-1 — Indiana Code / Title 29 / Article 3 / Chapter 2 / Section 29-3-2-1
Application of article; jurisdiction of courts
Status: in_force

Sec. 1. (a) This article applies to the following:

(1) The business affairs, physical person, and property of every incapacitated person and minor residing in Indiana.

(2) Property located in Indiana of every incapacitated person and minor residing outside Indiana.

(3) Property of every incapacitated person or minor, regardless of where the property is located, coming into the control of a fiduciary who is subject to the laws of Indiana.

(b) Except as provided in subsections (c) through (e), the court has exclusive original jurisdiction with respect to an individual who is not an adult (as defined in IC 29-3.5-1-2(1)) over all matters concerning the following:

(1) Guardians.

(2) Protective proceedings under IC 29-3-4.

In the case of an adult (as defined in IC 29-3.5-1-2(1)), a court must establish jurisdiction concerning a guardianship or a protective proceeding in accordance with IC 29-3.5-2.

(c) A juvenile court has exclusive original jurisdiction over matters relating to the following:

(1) Minors described in IC 31-30-1-1.

(2) Matters related to guardians of the person and guardianships of the person described in IC 31-30-1-1(a)(10).

(d) Except as provided in subsection (c), courts with child custody jurisdiction under:

(1) IC 31-14-10;

(2) IC 31-17-2-1; or

(3) IC 31-21-5 (or IC 31-17-3-3 before its repeal);

have original and continuing jurisdiction over custody matters relating to minors.

(e) A mental health division of a superior court under IC 33-33-49 has jurisdiction concurrent with the court in mental health proceedings under IC 12-26 relating to guardianship and protective orders.

(f) Jurisdiction under this section is not dependent on issuance or service of summons.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.61; P.L.1-1990, SEC.275; P.L.2-1992, SEC.792; P.L.16-1995, SEC.5; P.L.1-1997, SEC.118; P.L.217-2001, SEC.1; P.L.98-2004, SEC.100; P.L.138-2007, SEC.4; P.L.178-2011, SEC.1; P.L.115-2023, SEC.3.
Ind. Code § 29-1-15-3 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-3
Payment of claims, expenses, and taxes; distribution of estate
Status: in_force

Sec. 3. Subject to the provisions of IC 29-1-7-15.1 concerning the sale of real property, any real or personal property belonging to an estate may be sold, mortgaged, leased or exchanged under court order when necessary for any of the following purposes:

(a) For the payment of claims allowed against the estate.

(b) For the payment of any allowances made under IC 29-1-4-1.

(c) For the payment of any legacy given by the will of the decedent.

(d) For the payment of expenses of administration.

(e) For the payment of any gift, estate, inheritance or transfer taxes assessed upon the transfer of the estate or due from the decedent or the decedent's estate.

(f) For making distribution of the estate or any part thereof.

(g) For any other purpose in the best interests of the estate.

Formerly: Acts 1953, c.112, s.1503; Acts 1973, P.L.287, SEC.8. As amended by Acts 1979, P.L.268, SEC.6; P.L.184-2021, SEC.5.
Ind. Code § 29-1-1-4 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-4
Legislative history
Status: in_force

Sec. 4. The report of the probate code study commission established by IC 2-5-16 (before its repeal) made pursuant to Acts 1949, c. 302, s. 5 and Acts 1951, c. 347, s. 2 may be consulted by the courts to determine the underlying reasons, purposes, and policies of this article, and may be used as a guide in its construction and application.

Formerly: Acts 1953, c.112, s.104. As amended by Acts 1982, P.L.171, SEC.3; P.L.53-2014, SEC.142.
Ind. Code § 29-3-4-2 — Indiana Code / Title 29 / Article 3 / Chapter 4 / Section 29-3-4-2
Contracts, trusts or business transactions of incapacitated person or minor; ratification by court; exercise of parental powers in absence of guardian
Status: in_force

Sec. 2. The court may, without appointment of a guardian, by protective order authorize or ratify:

(1) any contract, trust, or other transaction relating to the property and financial or business affairs of the incapacitated person or minor if the court determines the transaction to be in the incapacitated person's or the minor's best interest; or

(2) if no guardian is acting for an incapacitated person, the exercise of any power on the incapacitated person's behalf that is the same as that given to the parent of a minor under IC 29-3-3-3.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.67.
Ind. Code § 29-3-8.5-11 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-11
Joint or multiple county programs
Status: in_force

Sec. 11. (a) Courts with probate jurisdiction that are located in adjacent counties may establish joint or multiple county volunteer advocates for seniors and incapacitated adults programs.

(b) Courts with probate jurisdiction may contract with an Indiana nonprofit or municipal corporation to provide volunteer advocates for seniors and incapacitated adults programs.

As added by P.L.72-2010, SEC.14. Amended by P.L.4-2020, SEC.16.
Ind. Code § 29-1-11-11 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-11
Validity; bound to full extent; action on defective bond
Status: in_force

Sec. 11. No surety bond entered into under the provisions of this article shall be void for want of form or substance or recital or condition nor the principal or surety be discharged, but the principal and surety shall be bound by such bond to the full extent contemplated by the law requiring the same and the sureties to the amount specified in the bond. In all actions on a defective bond the plaintiff or relator may suggest the defect in his complaint and recover to the same extent as if such bond complied with the law requiring the same.

Formerly: Acts 1953, c.112, s.1111. As amended by Acts 1982, P.L.171, SEC.33.
Ind. Code § 29-2-12-2 — Indiana Code / Title 29 / Article 2 / Chapter 12 / Section 29-2-12-2
Heirs and beneficiaries; charitable or marital deduction or exemption
Status: in_force

Sec. 2. Unless a decedent shall otherwise direct by will, the federal estate tax imposed upon decedent's estate, shall be apportioned among all of the persons, heirs and beneficiaries of decedent's estate who receive any property which is includable in the total gross estate of said decedent for the purpose of determining the amount of federal estate tax to be paid by said estate, Provided, That no part of the federal estate tax shall be apportioned against property which, in the absence of any apportionment whatsoever, whould qualify for any charitable, marital or other deduction or exemption, nor against recipients of such property on account thereof.

Formerly: Acts 1969, c.175, s.2.
Ind. Code § 29-1-3-4 — Indiana Code / Title 29 / Article 1 / Chapter 3 / Section 29-1-3-4
Personal right; election by attorney in fact or guardian
Status: in_force

Sec. 4. (a) Except as provided in subsection (b), the right of election of the surviving spouse is personal to the spouse. It is not transferable and cannot be exercised subsequent to the spouse's death. A person with a valid power of attorney for the surviving spouse may elect for the spouse if the power of attorney has general authority with respect to estates as provided in IC 30-5-5-15(a)(4). If the surviving spouse is a protected person, the court may order the guardian of the spouse's estate to elect for the spouse.

(b) The spousal election may be exercised subsequent to the spouse's death under the following circumstances:

(1) The surviving spouse died before the election could be made.

(2) The election is being made to recover Medicaid benefits that were paid on behalf of the deceased surviving spouse.

The office of Medicaid policy and planning may exercise the right of election under this subsection. The spousal election is only enforceable up to the amount of Medicaid benefits that were received and the amount may only be distributed to the office of Medicaid policy and planning.

Formerly: Acts 1953, c.112, s.304. As amended by P.L.33-1989, SEC.35; P.L.252-2001, SEC.10; P.L.246-2005, SEC.213.
Ind. Code § 29-3-5-6 — Indiana Code / Title 29 / Article 3 / Chapter 5 / Section 29-3-5-6
Two or more minors or incapacitated persons; petition for appointment of guardian; separate accounting
Status: in_force

Sec. 6. When a petition is filed for the appointment of a guardian for two (2) or more minors or incapacitated persons who are children of a common parent, parent and child, or husband and wife, a separate petition need not be filed for each minor or incapacitated person, and appointment of a guardian for all may be considered in one (1) proceeding. A separate accounting is required for each minor or incapacitated person, but an actual segregation of assets is not required except as required by the court.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.71.
Ind. Code § 29-1-13-7 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-7
Mortgages; release and discharge
Status: in_force

Sec. 7. When, in any case, a mortgage to the decedent is redeemed, or the debt secured thereby is or has been paid to the decedent or to his personal representative, the latter shall release and discharge the mortgage.

Formerly: Acts 1953, c.112, s.1307.
Ind. Code § 29-1-17-6 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-6
Indebtedness of distributee; offset
Status: in_force

Sec. 6. When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any testate or intestate property, real or personal, of the estate to which such distributee is entitled; but such distributee shall be entitled to the benefit of any defense which would be available to him in a direct proceeding for the recovery of such debt.

Formerly: Acts 1953, c.112, s.1706.
Ind. Code § 29-3-1-18 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-18
Repealed
Status: repealed

As added by P.L.72-2010, SEC.4. Repealed by P.L.4-2020, SEC.4.
Ind. Code § 29-1-16-6 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-6
Hearing and notice; final distribution; unknown heirs; intermediate account
Status: in_force

Sec. 6. (a) Upon the filing of any account in a decedent's estate, hearing and notice thereof shall be had as set forth in this section.

(b) If the account is for final settlement, the court or clerk shall set a date by which all objections to such final account and petition for distribution must be filed in writing. The date shall be at least fourteen (14) days before the hearing date. The personal representative or the personal representative's agent shall serve notice upon all persons:

(1) who are entitled to share in the final distribution of said estate; and

(2) whose names and addresses are known to the personal representative or may by reasonable diligence be ascertained as set forth in the personal representative's petition for distribution;

that a final report has been filed and will be acted upon by the court on the date set unless written objections are presented to the court at least fourteen (14) days before the hearing date. The personal representative or the personal representative's agent shall send a copy of said notice through the E-filing System of the Indiana Courts or by first class postage prepaid mail to each of said parties at least thirty (30) days prior to the hearing date. Said parties or their attorney of record may waive the service by mail of this notice and where there is an attorney of record, service upon said attorney shall be sufficient as to the parties represented by said attorney. Neither a notice nor a hearing is required if all persons entitled to share in the final distribution of the estate waive the service of notice by mail and consent to the final account and petition for distribution without a hearing.

(c) If a person entitled to share in the distribution of the residue of the estate is unknown or cannot be located, the personal representative may give notice by one (1) publication in a newspaper of general circulation, published in the county in which the administration is pending. The deadline for filing an objection is fourteen (14) days before the hearing date. The notice shall state that objections to the final account and petition for distribution must be filed in writing at least fourteen (14) days before the hearing date.

(d) If the account is intermediate, but the personal representative has therein petitioned the court that said account be made final as to the matters and things reported in said account, the same procedure as to hearing and notice shall be followed as in the case of a final account.

(e) If the account is intermediate and the personal representative makes no request that said account may be made final as to the matters and things reported in said account, the court may order such notice as the court deems necessary or approve the same ex parte and without notice. Every such intermediate account approved without notice shall be subject to review by the court at any time and shall not become final until the personal representative's account in final settlement is approved by the court.

Formerly: Acts 1953, c.112, s.1606; Acts 1955, c.258, s.8; Acts 1975, P.L.288, SEC.35. As amended by P.L.118-1997, SEC.24; P.L.252-2001, SEC.24; P.L.1-2002, SEC.125; P.L.162-2022, SEC.12.
Ind. Code § 29-2-1-3 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-3
Payments to domiciliary foreign personal representative; release of debtor
Status: in_force

Sec. 3. Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.

Formerly: Acts 1881(ss), c.45, s.72; Acts 1975, P.L.288, SEC.41.
Ind. Code § 29-1-14-2 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-2
Actions; definite statement; personal representative actions; deductions from claims
Status: in_force

Sec. 2. No action shall be brought by complaint and summons against the personal representative of an estate for the recovery of any claim against the decedent or the decedent's estate, except in the enforcement of claims for injury to person or damage to property arising out of negligence as provided in section 1 of this chapter, but the holder thereof, whether such claim be due or not, shall file a succinct definite statement thereof in the office of the clerk of the court in which the letters were issued. The clerk shall send by United States mail or by personal service an exact copy of such statement to the personal representative of the estate. Any claims of the personal representative against the decedent shall be made out and filed in the office of the clerk of the court in which the letters were issued. If any claim against the decedent is founded upon any written instrument, alleged to have been executed by the decedent, the original or a complete copy thereof, shall be filed with the statement, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim. The statement shall set forth all credits and deductions to which the estate is entitled and shall be accompanied by the affidavit of the claimant or the claimant's agent or attorney, that the claim, after deducting all credits, set-offs, and deductions to which the estate is entitled, is justly due and wholly unpaid, or if not yet due, when it will or may become due, and no claim shall be received unless accompanied by such affidavit. If the claim is secured by a lien on any real or personal property, such lien shall be particularly set forth in such statement, and a reference given to where the lien, if of record, will be found. If the claim is contingent, the nature of the contingency shall also be stated. No statement of claim need be filed as provided in this section as to those claims which are paid by the personal representative within three (3) months after the date of the first published notice to creditors or the period allowed under IC 29-1-7-7. However, in instances where a cause of action was properly filed and commenced against a decedent prior to the decedent's death, the same shall be continued against the personal representative or successors in interest of the deceased, who shall be substituted as the party or parties defendant in such action, and in such instance it shall not be necessary for the claimant to file a claim as herein provided. In any action thus continued the recovery, if any, shall be limited as otherwise provided by law.

Formerly: Acts 1953, c.112, s.1402; Acts 1959, c.179, s.1; Acts 1961, c.287, s.2; Acts 1965, c.144, s.1; Acts 1975, P.L.288, SEC.21. As amended by P.L.118-1997, SEC.20; P.L.252-2001, SEC.17.
Ind. Code § 29-1-1-18 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-18
Notices; proof of compliance
Status: in_force

Sec. 18. Nothing contained in section 16 or section 17 of this chapter shall preclude any person from proving in any suit or proceeding that the provisions of this article respecting such notice have been complied with, although no such proof of service may have been filed as therein required.

Formerly: Acts 1953, c.112, s.118. As amended by Acts 1982, P.L.171, SEC.8.
Ind. Code § 29-1-14-19 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-19
Payment of claims; bond or security of creditor; report of insolvency
Status: in_force

Sec. 19. (a) The personal representative at any time shall pay the claims as the court shall order if the claims are filed within three (3) months after the date of the first published notice to creditors or the period allowed under IC 29-1-7-7, if applicable, and the court may require bond or security to be given by the creditor to refund such part of such payment as may be necessary to make payment in accordance with this title.

(b) Prior to the expiration of three (3) months after the date of the first published notice to creditors or the period allowed under IC 29-1-7-7, the personal representative, if the estate clearly is solvent, may pay any claims that the personal representative believes are just and correct, whether or not the claims have been filed. The personal representative may require bond or security to be given by the creditor to refund any part of the payment as the court may subsequently order. The personal representative, following all such payments, shall include them in the personal representative's next account and they shall be considered proper payments under this title if they are approved by the court as a part of the account.

(c) Upon the expiration of three (3) months after the date of the first published notice to creditors or the period allowed under IC 29-1-7-7 and the final adjudication of all claims filed against the estate, the personal representative shall proceed to pay the claims that have been allowed against the estate in accordance with this title that the personal representative has not paid.

(d) If it appears at any time that the estate is or may be insolvent, that there are insufficient funds on hand, or that there is other good or sufficient cause, the personal representative may report that fact to the court and apply for any necessary order.

Formerly: Acts 1953, c.112, s.1419; Acts 1975, P.L.288, SEC.27. As amended by P.L.154-1990, SEC.11; P.L.118-1997, SEC.23; P.L.252-2001, SEC.22.
Ind. Code § 29-1-17-15.1 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-15.1
Petition to determine heirs of estate; contents; notice; hearing; decree
Status: in_force

Sec. 15.1. (a) Whenever any person has died leaving property or any interest in property and no general administration has been commenced on the person's estate in this state, nor has any will been offered for probate in this state, within five (5) months after the person's death, any person claiming an interest in such property as heir or through an heir may file a petition in any court which would be of proper venue for the administration of such decedent's estate, to determine the heirs of said decedent and their respective interests as heirs in the estate.

(b) The petition shall state:

(1) The name, age, domicile and date of death of the decedent;

(2) The names, ages and residence addresses of the heirs, so far as known or can with reasonable diligence be ascertained;

(3) The names and residence addresses of any persons claiming any interest in such property through an heir, so far as known or can by reasonable diligence be ascertained;

(4) A particular description of the property with respect to which such determination is sought; and

(5) The net value of the estate.

(c) Upon the filing of the petition, the court shall fix the time for the hearing, thereof, notice of which shall be given to:

(1) All persons known or believed to claim any interest in the property as heir or through an heir of the decedent;

(2) All persons who may at the date of the filing of the petition be shown by the records of conveyances of the county in which any real property described in such petition is located to claim any interest therein through the heirs of the decedent; and

(3) Any unknown heirs of the decedent.

Such notice shall be given by publication and, in addition personal notice through the E-filing System of the Indiana Courts or by first class postage prepaid mail, shall be given to every such person whose address is known to the petitioner. Upon satisfactory proofs the court shall make a decree determining the heirs of said decedent and their respective interests as heirs in said property.

(d) A certified copy of the decree shall be recorded at the expense of the petitioner in each county in which any real property described in the decree is situated except the county in which the decree is entered, and shall be conclusive evidence of the facts determined in the decree as against all parties to the proceedings.

Formerly: Acts 1973, P.L.289, SEC.2; Acts 1975, P.L.288, SEC.37. As amended by P.L.79-2017, SEC.73; P.L.136-2018, SEC.218; P.L.162-2022, SEC.14.
Ind. Code § 29-1-1-1 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-1
Short title
Status: in_force

Sec. 1. This article shall be known and may be cited as the Probate Code.

Formerly: Acts 1953, c.112, s.101. As amended by Acts 1982, P.L.171, SEC.1.
Ind. Code § 29-3-8-6.5 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-6.5
Severance of property jointly owned with rights of survivorship or use of the assets of a multiple party account
Status: in_force

Sec. 6.5. (a) If:

(1) a guardian takes possession of property that is:

(A) jointly owned by or titled in the names of the protected person and another person with rights of survivorship; or

(B) owned as a multiple party account with another person as joint owner or beneficiary;

(2) the guardian:

(A) severs the joint ownership of the property; or

(B) uses the assets of the multiple party account; and

(3) the protected person subsequently dies while the other person is living;

the other person may elect to receive from the protected person's estate property in an amount determined under subsection (b).

(b) The amount of property the other person described in subsection (a) may elect to receive is determined in STEP THREE of the following formula:

STEP ONE: Subtract:

(A) the value of the severed or used property retained by the other person at the time ownership was severed or used, if any; from

(B) the value of the joint property or multiple party account at the time ownership was severed or the assets were used.

STEP TWO: Divide:

(A) the remainder determined under STEP ONE; by

(B) the value of the protected person's property, including the jointly held property or multiple party account, at the time ownership was severed or the assets were used.

STEP THREE: Multiply:

(A) the quotient determined under STEP TWO; by

(B) the value of the deceased protected person's net estate.

(c) As used in this section, "multiple party account" refers to both multiple party accounts described by IC 32-17-11 and transfer on death transfers completed under IC 32-17-14.

As added by P.L.33-1989, SEC.73. Amended by P.L.143-2009, SEC.16.
Ind. Code § 29-1-19-14 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-14
Support; maintenance; education
Status: in_force

Sec. 14. (a) A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the protected person, the spouse, and the children under the age of eighteen (18) years of the protected person, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of the petition shall be furnished the proper office of the Department and notice of hearing shall be given the office as provided in the case of hearing on a guardian's account or other pleading.

(b) If the protected person is a child under the age of eighteen (18) years, and the parents or those standing in loco parentis are able to care for, maintain, and educate the protected person, neither the income nor the principal shall be expended for any purpose except as ordered by the court.

Formerly: Acts 1953, c.112, s.2014; Acts 1973, P.L.287, SEC.11. As amended by P.L.33-1989, SEC.49.
Ind. Code § 29-2-19-2 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-2
"Declaration"
Status: in_force

Sec. 2. As used in this chapter, "declaration" means a funeral planning declaration executed under this chapter.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-1-8-7 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-7
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.807. Repealed by Acts 1975, P.L.288, SEC.51.
Ind. Code § 29-1-15-11 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-11
Petition; sale, mortgage, or lease of real property; order of court
Status: in_force

Sec. 11. (a) This section is subject to the provisions of IC 29-1-7-15.1 concerning the sale of real property.

(b) A personal representative may file a petition to sell, mortgage or lease any real property belonging to the estate. The petition shall set forth the reasons for the application and describe the property involved. The personal representative may apply for different authority as to separate parts of the property; or the personal representative may apply in the alternative for authority to sell, mortgage or lease. Upon the filing of the petition, the court shall fix the time and place for the hearing thereof. Notice of the hearing, unless waived, shall be given to all heirs and lienholders, except holders of liens created by said heirs, whose liens are to be extinguished or transferred to the proceeds of said sale in case of intestacy and to all devisees and lienholders, except holders of liens created by said devisees, whose liens are to be extinguished or transferred to the proceeds of said sale in case of testacy, and the notice shall state briefly the nature of the application and shall be given as provided in IC 29-1-1-12. However, as to any real property valued at not more than one thousand dollars ($1,000) exclusive of any liens the court may, in its discretion, hear and act upon the petition without notice to heirs or devisees. At the hearing and upon satisfactory proofs, the court may order the sale, mortgage or lease of the property described or any part thereof. When a claim secured by a mortgage on real property is, under the provisions of this probate code, payable at the time of distribution of the estate or prior thereto, the court with the consent of the mortgagee may, nevertheless, order the sale of the real property subject to the mortgage, but such consent shall release the estate should a deficiency later appear.

Formerly: Acts 1953, c.112, s.1511; Acts 1955, c.258, s.6; Acts 1961, c.15, s.1; Acts 1975, P.L.288, SEC.29. As amended by P.L.86-2018, SEC.212; P.L.184-2021, SEC.6.
Ind. Code § 29-1-13-3 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-3
Actions; trespass; waste; costs; examine party
Status: in_force

Sec. 3. Every personal representative shall have full power to maintain any suit in any court of competent jurisdiction, in his name as such personal representative, for any demand of whatever nature due the decedent or his estate or for the recovery of possession of any property of the estate or for trespass or waste committed on the estate of the decedent in his lifetime, or while in the possession of the personal representative; but he shall not be liable, in his individual capacity, for any costs in such suit, and shall have power, at his option, to examine the opposite party under oath, touching such demand.

Formerly: Acts 1953, c.112, s.1303.
Ind. Code § 29-1-7-27 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-27
Foreign wills; filing and recording
Status: in_force

Sec. 27. Such will or copy, and the probate thereof, may be produced by any person interested therein to the court of the county having jurisdiction in which there is any estate on which the will may operate; and if said court shall be satisfied that the instrument ought to be allowed as the last will of the deceased, such court shall order the same to be filed and recorded by the clerk; and, thereupon, such will shall have the same effect as if it had been originally admitted to probate and recorded in this state.

Formerly: Acts 1953, c.112, s.727.
Ind. Code § 29-1-10-4 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-4
Letters; evidence of authority
Status: in_force

Sec. 4. Letters issued to a personal representative, attested by the clerk, and under the seal of the court issuing them, shall be conclusive evidence of the authority of the person to whom they are issued until superseded or revoked, and shall extend to all the estate, personal and real, of the decedent within the state. The record of such letters and duly certified transcripts thereof, may be given in evidence with like effect as the originals.

Formerly: Acts 1953, c.112, s.1004.
Ind. Code § 29-3-9-7 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-7
Compromise of claim; petition to court; settlement; access to confidential exhibits
Status: in_force

Sec. 7. (a) Whenever it is proposed to compromise any claim by or against a protected person or the protected person's property, the court, on petition of the guardian, may enter an order authorizing the compromise to be made if satisfied that the compromise will be in the best interest of the protected person.

(b) Whenever a minor has a disputed claim against another person, whether arising in contract, tort, or otherwise, and a guardian for the minor and the minor's property has not been appointed:

(1) the parents of the minor; or

(2) any other person having the care and custody of the minor with whom the minor resides;

may petition a court to compromise the claim. A petition filed under this subsection may be combined with a petition for a protective order filed under IC 29-3-4-1. The court must hold a hearing on a petition filed under this subsection before issuing an order to approve the compromise. A guardian ad litem, an attorney, or another representative may be appointed to represent the best interest of the minor in a proceeding held under this subsection.

(c) If the court approves the compromise, it may direct that the settlement be paid in accordance with IC 29-3-3-1 or in accordance with a protective order entered under IC 29-3-4-1. If IC 29-3-3-1 or IC 29-3-4-1 are not applicable, the court shall require that a guardian be appointed and that the settlement be delivered to the guardian upon the terms that the court directs.

(d) Any exhibit demonstrating a compromise on behalf of a protected person or a minor and any testimony related to such compromise that is offered or admitted into evidence in a legal proceeding commenced under this section shall be maintained by the court as a confidential court record. The confidential exhibits and record may not be used in any other proceeding or for any other person.

(e) Subsection (d) does not prohibit the following persons from having access to the confidential exhibits and record for the purpose of learning, confirming, and enforcing the economic terms of the compromise, for the purpose of enforcing or modifying any trust that is funded under the compromise, or for the purpose of obtaining a qualified order with respect to a structured settlement under IC 34-50-2 and 26 U.S.C. 5891(b):

(1) The attorney of record for the incapacitated person or minor.

(2) A guardian or guardian ad litem appointed for the incapacitated person or minor by a court of competent jurisdiction, and the attorney, if any, for the guardian or guardian ad litem.

(3) Each current trustee or trust director that participates in the administration of a trust funded under the compromise and the attorneys of record for each current trustee or trust director.

(4) A prospective successor trustee or successor trust director that is proposed to serve in the administration of a trust funded under the compromise.

As added by P.L.169-1988, SEC.1. Amended by P.L.56-2020, SEC.7; P.L.105-2026, SEC.4.
Ind. Code § 29-1-17-14 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-14
Petition to reopen estate; distribution of assets not fully administered in lieu of reopening the estate
Status: in_force

Sec. 14. (a) If, after an estate has been settled and the personal representative discharged, other property of the estate shall be discovered, or if it shall appear that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, upon the petition of the discharged personal representative or any person interested in the estate and, without notice or upon such notice as it may direct, may order that said estate be reopened. It may reappoint the personal representative or appoint another personal representative to administer such property or perform such act as may be deemed necessary. Unless the court shall otherwise order, the provisions of this article as to an original administration shall apply to the proceedings had in the reopened administration so far as may be, but no claim which is already barred can be asserted in the reopened administration.

(b) Except as provided in section 13.5 of this chapter, whenever any solvent estate has been closed, and it thereafter appears that any assets thereof have not been fully administered upon, the court may, if it appears practicable, order such assets distributed to, or title vested in, the persons entitled thereto in lieu of reopening the estate as provided in the preceding subsection. No additional notice of such proceedings shall be necessary unless so ordered by the court.

Formerly: Acts 1953, c.112, s.1714. As amended by Acts 1982, P.L.171, SEC.49; P.L.254-1997(ss), SEC.29; P.L.79-2017, SEC.72; P.L.150-2022, SEC.2.
Ind. Code § 29-1-13-12 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-12
Conveyance or lease after death of decedent
Status: in_force

Sec. 12. (a) When any person legally bound to make a conveyance or lease dies before making the same, the court, with or without notice, may direct the personal representative to make the conveyance or lease to the person entitled thereto. A petition for this purpose may be made by any person claiming to be entitled to such conveyance or lease, or by the personal representative, or by any other person interested in the estate or claiming an interest in the real property or contract, and shall show the description of the land and the facts upon which such claim for conveyance or lease is based. Upon satisfactory proofs the court may order the personal representative to execute and deliver an instrument of conveyance or lease to the person entitled thereto upon performance of the contract. A certified copy of the order may be recorded with the deed of conveyance or lease in the office of the recorder of the county where the land lies, and shall be prima facie evidence of the due appointment and qualification of the personal representative, the correctness of the proceedings and the authority of the personal representative.

(b) If a personal representative has been given power by will to make a conveyance or lease, he may, in lieu of the foregoing procedure, and without order of the court, execute a conveyance or lease, pursuant to and in accordance with such power, to the person entitled thereto upon performance of the contract. A certified copy of the will and a certified copy of the personal representative's letters may be recorded with the deed of conveyance or lease in the office of the recorder of the county where the land lies, and shall be prima facie evidence of the due appointment and qualification of the personal representative and his authority to execute the deed of conveyance or lease.

(c) If the contract for a lease or conveyance requires the giving of warranties, the deed or lease to be given by the personal representative shall contain the warranties required. Such warranties shall be binding on the estate as though made by the decedent but shall not bind the personal representative personally.

Formerly: Acts 1953, c.112, s.1312.
Ind. Code § 29-3-8-4 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-4
Exercise of powers to perform responsibilities; enumeration
Status: in_force

Sec. 4. A guardian (other than a temporary guardian) may exercise all of the powers required to perform the guardian's responsibilities, including the following:

(1) To receive and issue a receipt for property payable to the protected person or the protected person's parent, guardian, or custodian from any source, including any statutory benefit, insurance system, or any private contract, devise, trust, guardianship, or custodianship.

(2) If reasonable, to delegate to the protected person certain responsibilities for decisions affecting the protected person's business affairs and well-being.

(3) To invest and reinvest the property of the protected person in accordance with powers vested in, and according to the standards imposed upon, trustees under IC 30-4-3-3(c).

(4) To secure the appointment of a guardian or co-guardian in any other state, when needed, with respect to any part or all of the guardianship property located in another state, to confer upon the appointed guardian any or all of the guardian's powers as guardian with respect to the property.

(5) To continue any business of the protected person, whether in corporate, partnership, or proprietorship form, according to the rules for continuing the business of a decedent specified in IC 29-1-13-11.

(6) To pay to the person, guardian, department, bureau, or agency having care and custody of the protected person, or to the protected person if at least fourteen (14) years of age, a reasonable amount to be expended for the support of the protected person and the protected person's dependents, with due regard to the following:

(A) The size of the guardianship property, the probable duration of the guardianship, and the extent to which the protected person in the future may be self-sufficient and able to manage the protected person's financial affairs and property.

(B) The accustomed standard of living of the protected person and the protected person's dependents.

(C) Other funds or sources used for the support of the protected person and the protected person's dependents.

(7) To distribute income and discretionary amounts of principal in one (1) or more of the following ways as the guardian believes to be in the best interests of the protected person:

(A) Directly to the protected person.

(B) To a guardian of the protected person appointed in another state.

(C) To a custodian for the protected person under IC 30-2-8.5.

(D) To an adult relative of the protected person.

(E) By expending the money or using the property directly for the benefit of the protected person.

(8) To apply the guardianship property to or for the benefit of any person, including the protected person, in reimbursement for reasonable expenditures made in good faith on behalf of the protected person that the guardian might have made, or in advance for services to be rendered to the protected person if it is reasonable to expect that the services will be performed and advance payments are reasonably necessary under the circumstances.

(9) To bind all or any part of the guardianship property in a transaction for the benefit of the protected person, unless the third party dealing with the guardian is acting in bad faith.

(10) Except as provided in IC 29-3-2-6(d), powers conferred upon trustees and personal representatives respectively by IC 30-4-3-3 and IC 29-1-7.5-3. However, if there is a conflict, the broader power controls.

(11) To exercise on behalf of the protected person powers that are the same as those granted to the parent of a minor under IC 29-3-3-3.

(12) To petition the court to request the authority to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of the protected person, if the protected person is an incapacitated person, as provided under IC 29-3-9-12.2.

As added by P.L.169-1988, SEC.1. Amended by P.L.267-1989, SEC.1; P.L.77-1992, SEC.7; P.L.83-2014, SEC.2.
Ind. Code § 29-2-19-14 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-14
Revocation
Status: in_force

Sec. 14. A declaration may be revoked by the declarant in writing or by burning, tearing, canceling, obliterating, or destroying the declaration with the intent to revoke the declaration.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-1-6-4 — Indiana Code / Title 29 / Article 1 / Chapter 6 / Section 29-1-6-4
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.604; Acts 1975, P.L.288, SEC.5. As amended by Acts 1979, P.L.269, SEC.1. Repealed by P.L.293-1983, SEC.2.
Ind. Code § 29-1-10-12 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-12
Voting corporate shares
Status: in_force

Sec. 12. The personal representative may vote shares of corporate stock in person, or by proxy, discretionary or otherwise and with or without right of substitution and revocation.

Formerly: Acts 1953, c.112, s.1012.
Ind. Code § 29-1-14-12 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-12
Trial; pleading; dismissal
Status: reserved

Sec. 12. (a) When any claim is transferred for trial, it shall not be necessary for the personal representative to plead any matter by way of answer, except a set-off or counter-claim, to which the plaintiff shall reply. If the personal representative pleads any other matter by way of defense, the claimant shall reply thereto; the sufficiency of the statement of the claim, or any subsequent pleading, may be tested by appropriate pleadings, and if objection be made that the assignor of a claim not assigned by endorsement is not a party to the action, leave shall be given the claimant to amend by making him a party to answer to his interest in the claim and to sue out process against the assignor to answer in that behalf. And if it shall be shown to the court that any person is bound with the decedent in any contract which is the foundation of the claim, the court shall direct that the claim be amended by making such person a defendant in the action, and process shall be issued against and served upon him, and thereafter the action shall be prosecuted against him as a codefendant with such personal representative and judgment shall be rendered accordingly.

(b) If any claimant fails to attend and prosecute his claim at the time the same shall be set down for trial, the court shall dismiss the claim; and any subsequent prosecution of the claim against the estate shall be at the costs of the claimant, unless good cause for such failure to prosecute be shown.

Formerly: Acts 1953, c.112, s.1412. As amended by Acts 1978, P.L.132, SEC.7.
Ind. Code § 29-2-1-6 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-6
Domiciliary foreign personal representative; powers
Status: in_force

Sec. 6. A domiciliary foreign personal representative who has complied with section 5 may exercise as to assets in this state all powers of a local unsupervised personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon non-resident parties generally.

Formerly: Acts 1881(ss), c.45, s.138; Acts 1959, c.246, s.1; Acts 1971, P.L.414, SEC.1; Acts 1975, P.L.288, SEC.44. As amended by P.L.36-2011, SEC.5.
Ind. Code § 29-1-7-5 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-5
Petition for probate; letters testamentary; administrator with will annexed; appointment of administrator
Status: in_force

Sec. 5. A petition for the probate of a will and for the issuance of letters testamentary or for the appointment of an administrator with the will annexed, or for the appointment of an administrator, shall state:

(1) the name, domicile, and date of the death of the decedent, and whether the decedent is an adult or a minor;

(2) the name, and place of residence of each heir, and whether the heir is an adult or a minor, in the event the decedent left no will; and the name, and place of residence of each legatee and devisee, and whether each legatee and devisee is an adult or a minor, in the event the decedent left a will, so far as such are known or can with reasonable diligence be ascertained by the personal representative;

(3) whether the person named in subdivision (1) died testate or intestate;

(4) if the decedent was not domiciled in the state at the time of death, a description of the property to be administered which is within the county in which the petition is filed;

(5) if the will sought to be probated is unwritten, lost, or was improperly destroyed or suppressed, a detailed statement of the provisions of said will so far as known;

(6) the name and place of residence or business address of the person, if any, designated as executor of the will;

(7) if the petition be for the appointment of an administrator with the will annexed, or of an administrator, the name and place of residence or business address of the person to be so appointed, together with a statement of the person's relationship to the decedent, and such other facts, if any, which entitle such person to be so appointed;

(8) the name and business address of the attorney who is to represent the personal representative; and

(9) if the person named in subdivision (1) died intestate, whether a petition to dissolve the marriage of the decedent and the decedent's spouse is pending in an Indiana court or the court of another state at the time of the decedent's death.

Formerly: Acts 1953, c.112, s.705; Acts 1955, c.258, s.3. As amended by Acts 1976, P.L.125, SEC.1; P.L.182-1999, SEC.2; P.L.238-2005, SEC.10.
Ind. Code § 29-1-7-13 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-13
Admission to probate; petitions; self-proved wills; signature requirement presumptions
Status: in_force

Sec. 13. (a) When a will is offered for probate, if the court finds that the testator is dead and that the will was executed in all respects according to law, it shall be admitted to probate as the last will of the deceased, unless objections are filed as provided in section 16 of this chapter.

(b) On a petition for the qualification of an executor or for the appointment of an administrator the court shall grant letters accordingly or, on proper grounds, may deny the petition.

(c) If the will is self-proved, compliance with signature requirements for execution and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and verifications annexed or attached to the will, unless there is proof of fraud or forgery affecting the acknowledgment or verification.

Formerly: Acts 1953, c.112, s.713; Acts 1975, P.L.288, SEC.7.
Ind. Code § 29-3-5-1.5 — Indiana Code / Title 29 / Article 3 / Chapter 5 / Section 29-3-5-1.5
Submit information for criminal history check
Status: in_force

Sec. 1.5. A petitioner for appointment as a guardian of a minor in a guardianship to which IC 29-3-8-9 applies shall submit the necessary information, forms, or consents for the department of child services to conduct a criminal history check (as defined in IC 31-9-2.1-58) of the petitioner and any other household members before the court appoints the guardian under this chapter or during the guardianship administration.

As added by P.L.104-2015, SEC.5. Amended by P.L.145-2026, SEC.156.
Ind. Code § 29-1-1-7 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-7
Rules and forms of procedure
Status: in_force

Sec. 7. The court may promulgate rules and forms of procedure for probate proceedings, not inconsistent with the provisions of this article nor with such rules and forms as are promulgated by the supreme court. If in any probate proceeding a situation arises which is not provided for by any statute or rule of procedure, the court may formulate and declare a rule of procedure for that particular case.

Formerly: Acts 1953, c.112, s.107. As amended by Acts 1982, P.L.171, SEC.4.
Ind. Code § 29-1-13-17 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-17
Action to enforce a written demand or instruction from a personal representative
Status: in_force

Sec. 17. (a) If a person fails to comply with a personal representative's written demand or instruction that is consistent with this article regarding the property of the decedent, the personal representative may bring an enforcement proceeding to compel compliance with the written demand or instruction.

(b) A court may award attorney's fees and costs to the estate in an enforcement proceeding under subsection (a) if the person indebted to the decedent or holding property of the decedent, other than an insurer regulated under IC 27:

(1) acted in bad faith in failing to comply with the written demand or instruction; or

(2) refused to respond to the written demand or instruction within thirty (30) business days after receiving the demand or instruction, if the demand or instruction is consistent with this article.

(c) A court may, upon notice and hearing, award attorney's fees and costs to an estate bringing an enforcement proceeding under subsection (a) against an insurer regulated under IC 27 if:

(1) the insurer failed to respond pursuant to IC 27 after receiving a written demand or instruction from the personal representative; and

(2) the written demand or instruction is consistent with this article.

As added by P.L.51-2014, SEC.5.
Ind. Code § 29-3-13-3 — Indiana Code / Title 29 / Article 3 / Chapter 13 / Section 29-3-13-3
Acts by which foreign guardian submits to personal jurisdiction
Status: in_force

Sec. 3. A foreign guardian submits personally to the jurisdiction of Indiana courts in any proceeding relating to the property for which the guardian is responsible by:

(1) complying with section 2 of this chapter;

(2) receiving payment of money or taking delivery of property belonging to a minor in Indiana; or

(3) doing any act as a guardian in Indiana that would give Indiana jurisdiction over the guardian as an individual.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.83; P.L.178-2011, SEC.9.
Ind. Code § 29-2-19-13 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-13
Form of funeral planning declaration
Status: in_force

Sec. 13. The following is the funeral planning declaration form:

FUNERAL PLANNING DECLARATION

Declaration made this _____ day of _______ (month, year). I, _________, being at least eighteen (18) years of age and of sound mind, willfully and voluntarily make known my instructions concerning funeral services, ceremonies, and the disposition of my remains after my death.

I hereby declare and direct that after my death __________________(name of designee) shall, as my designee, carry out the instructions that are set forth in this declaration. If my designee is unwilling or unable to act, I nominate ____________ as an alternate designee.

I hereby declare and direct that after my death the following actions be taken (indicate your choice by initialing or making your mark before signing this declaration):

(1) My body shall be:

(A) _______________ Buried. I direct that my body be buried at _______________.

(B) _______________ Cremated. I direct that my cremated remains be disposed of as follows:

________________________________________________

________________________________________________

(C) _______________ Entombed. I direct that my body be entombed at _______________.

(D) _______________ I intentionally make no decision concerning the disposition of my body, leaving the decision to my designee (as named above).

(2) My arrangements shall be made as follows:

(A) I direct that funeral services be obtained from:

__________________________________________________

__________________________________________________

(B) I direct that the following ceremonial arrangements be made:

__________________________________________________

__________________________________________________

(C) I direct the selection of a grave memorial that:

__________________________________________________

__________________________________________________

(D) I direct that the following merchandise and other property be selected for the disposition of my remains, my funeral or other ceremonial arrangements:

_________________________________________________

__________________________________________________

__________________________________________________

__________________________________________________

(E) __________________I direct that my designee (as named above) make all arrangements concerning ceremonies and other funeral services.

(3) In addition to the instructions listed above, I request the following:

__________________________________________________

__________________________________________________

(4) If it is impossible to make an arrangement specified in subdivisions (1) through (3) because:

(A) a funeral home or other service provider is out of business, impossible to locate, or otherwise unable to provide the specified service; or

(B) the specified arrangement is impossible, impractical, or illegal;

I direct my designee to make alternate arrangements to the best of the designee's ability.

It is my intention that this declaration be honored by my family and others as the final expression of my intentions concerning my funeral and the disposition of my body after my death. I understand the full import of this declaration.

Signed _________________________

_______________________________

City, County, and State of Residence

The declarant is personally known to me, and I believe the declarant to be of sound mind. I did not sign the declarant's signature above for or at the direction of the declarant. I am not a parent, spouse, or child of the declarant. I am not entitled to any part of the declarant's estate. I am competent and at least eighteen (18) years of age.

Witness _______________ Date __________

Witness _______________ Date __________

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-1-1-21 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-21
Orders, judgments, or decrees; vacating or modifying
Status: repealed

Sec. 21. For illegality, fraud or mistake, upon application filed within one (1) year after the discharge of the personal representative upon final settlement, the court may vacate or modify its orders, judgments and decrees or grant a rehearing therein. Before any such order, judgment or decree shall be vacated or modified, notice of such application and hearing shall be given to the personal representative and all interested persons as provided in section 12 of this chapter. No vacation or modification under this section shall affect any right acquired by any innocent person in reliance upon any such previous order, judgment or decree.

Formerly: Acts 1953, c.112, s.121. As amended by Acts 1982, P.L.171, SEC.10.
Ind. Code § 29-3-9-6.5 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-6.5
Accounting standards and procedures
Status: in_force

Sec. 6.5. (a) This section applies to an accounting described under section 6 of this chapter that is filed:

(1) in a court that requires an accounting; and

(2) by a guardian for a protected person:

(A) whose:

(i) annual gross income is not more than one hundred eighty-five percent (185%) of the federal income poverty level as determined annually by the federal Office of Management and Budget under 42 U.S.C. 9902; and

(ii) total assets are worth fifteen thousand dollars ($15,000) or less; or

(B) who has an annual gross income and total assets of any amount, if the guardian does not have powers concerning the estate of the protected person.

(b) The court shall establish standards for the type of information required to be reported in an accounting described in subsection (a).

(c) Except as provided in subsection (d), the accounting described in subsection (a) is not required to be filed by an attorney for the guardian.

(d) The court may order that the guardian hire an attorney to assist the guardian in filing the accounting described in subsection (a) if the court determines that an accounting filed by the guardian does not conform to the standards established by the court under this section.

As added by P.L.265-1995, SEC.2.
Ind. Code § 29-1-2-11 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-11
Dower and curtesy abolished
Status: in_force

Sec. 11. The estates of dower and curtesy are hereby abolished.

Formerly: Acts 1953, c.112, s.211.
Ind. Code § 29-1-10-19 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-19
Termination of authority; validity of prior acts
Status: in_force

Sec. 19. All acts of personal representatives whose authority shall subsequently be terminated because an estate found to be intestate is later found to be testate, or vice versa, because of a revocation of letters, or for any other cause, which acts were lawful when performed, according to the authority under which such personal representative was acting, shall be valid insofar as concerns the rights and liabilities of a purchaser, lessee, or encumbrancer, for value in good faith or a personal representative who has acted in good faith. No person delivering or transferring property to a personal representative or to any other person by authority of the letters issued to such personal representative or upon court order or pursuant to a will under which such a personal representative is acting, shall be held accountable by virtue of such acts performed prior to such termination of authority if such acts were lawful in accordance with the apparent authority of such letters, court order or will.

Formerly: Acts 1953, c.112, s.1019.
Ind. Code § 29-3-12-7 — Indiana Code / Title 29 / Article 3 / Chapter 12 / Section 29-3-12-7
Petition to extend guardianship past age 18
Status: in_force

Sec. 7. (a) This section applies to the guardianship of a minor who has not been adjudicated an incapacitated person.

(b) A protected person who is at least seventeen (17) years of age and the guardian of the protected person may jointly petition the court to extend the duration of the guardianship beyond the date on which the protected person attains eighteen (18) years of age to the earlier of the following:

(1) A termination date, if any, set forth in the petition.

(2) The date the protected person attains twenty-two (22) years of age.

(c) A petition submitted under subsection (b) must be verified.

(d) The court, after notice and hearing, may extend a guardianship under this section if the court finds that extending the guardianship is in the best interests of the protected person. The extension of a guardianship under this section does not place the protected person under a legal disability.

As added by P.L.115-2012, SEC.3.
Ind. Code § 29-1-7-23 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-23
Real and personal property; devolution; prima facie evidence
Status: in_force

Sec. 23. (a) When a person dies, the person's real and personal property passes to persons to whom it is devised by the person's last will or, in the absence of such disposition, to the persons who succeed to the person's estate as the person's heirs; but it shall be subject to the possession of the personal representative and to the election of the surviving spouse and shall be chargeable with the expenses of administering the estate, the payment of other claims and the allowances under IC 29-1-4-1, except as otherwise provided in IC 29-1.

(b) A person may sign and record an affidavit to establish prima facie evidence of the passage of real estate title to distributees under this section. An affidavit under this section may contain the following information:

(1) The decedent's name and date of death.

(2) A statement of the affiant's relationship to the decedent.

(3) A description of how the following deeds or other instruments vested in the decedent an ownership or leasehold interest in real property, with a cross-reference if applicable, under IC 36-2-7-10(m) to each deed or other instrument:

(A) Deeds or other instruments recorded in the office of the recorder where the real property is located.

(B) Deeds or other instruments that disclose a title transaction (as defined in IC 32-20-2-7).

(4) The legal description of the conveyed real property as it appears in instruments described in subdivision (3).

(5) The names of all distributees known to the affiant.

(6) An explanation of how each interest in the real property passed upon the decedent's death to each distributee by:

(A) intestate succession under IC 29-1-2-1; or

(B) the decedent's last will and testament that has been admitted to probate under section 13 of this chapter, with references to:

(i) the name and location of the court that issued the order admitting the will to probate; and

(ii) the date when the court admitted the decedent's will to probate.

(7) An explanation of how any fractional interests in the real property that may have passed to multiple distributees were calculated and apportioned.

(c) Upon presentation of an affidavit described in subsection (b), the auditor of the county where the real property described in the affidavit is located must endorse the affidavit as an instrument that is exempt from the requirements to file a sales disclosure form and must enter the names of the distributees shown on the affidavit on the tax duplicate on which the real property is transferred, assessed, and taxed under IC 6-1.1-5-7. After December 31, 2023, an auditor may not refuse to endorse an affidavit because the affidavit is an electronic document.

(d) Upon presentation of an affidavit described in subsection (b), the recorder of the county where the real property described in the affidavit is located must:

(1) record the affidavit; and

(2) index the affidavit as the most recent instrument responsible for the transfer of the real property described in subsection (b)(4).

(e) Any person may rely upon an affidavit recorded with the county recorder:

(1) made in good faith; and

(2) under this section;

as prima facie evidence of an effective transfer of the decedent's title to the real property interest under subsection (a) to the distributee described in the affidavit.

(f) If:

(1) at least seven (7) months have elapsed since the decedent's death;

(2) the clerk of the court described in subsection (b)(6)(B) has not issued letters testamentary or letters of administration to the court appointed personal representative for the decedent within the time limits specified under section 15.1(d) of this chapter; and

(3) the court described in subsection (b)(6)(B) has not issued findings and an accompanying order preventing the limitations in section 15.1(b) of this chapter from applying to the decedent's real property;

any person may rely upon the affidavit described in subsection (e) as evidence that the real property may not be sold by an executor or administrator of the decedent's estate to pay a debt or obligation of the decedent, which is not a lien of record in the county in which the real property is located, or to pay any costs of administration of the decedent's estate.

Formerly: Acts 1953, c.112, s.723. As amended by Acts 1976, P.L.125, SEC.2; Acts 1979, P.L.268, SEC.3; P.L.231-2019, SEC.10; P.L.56-2020, SEC.2; P.L.26-2022, SEC.4; P.L.181-2025, SEC.9.
Ind. Code § 29-1-4-2 — Indiana Code / Title 29 / Article 1 / Chapter 4 / Section 29-1-4-2
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.402. As amended by Acts 1965, c.379, s.1; Acts 1971, P.L.403, SEC.1. Repealed by Acts 1975, P.L.288, SEC.51.
Ind. Code § 29-1-1-22 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-22
Appeals; stay of proceedings
Status: in_force

Sec. 22. Any person considering himself aggrieved by any decision of a court having probate jurisdiction in proceedings under this article may prosecute an appeal to the court having jurisdiction of such appeal. Such appeal shall be taken as appeals are taken in civil causes. Executors, administrators, guardians and fiduciaries may have a stay of proceedings without bond.

Formerly: Acts 1953, c.112, s.122. As amended by Acts 1982, P.L.171, SEC.11.
Ind. Code § 29-1-9-2 — Indiana Code / Title 29 / Article 1 / Chapter 9 / Section 29-1-9-2
Terms of agreement; execution; guardian ad litem
Status: in_force

Sec. 2. (a) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons having interests or claims which will or may be affected by the compromise, except those who may be living but whose present existence or whereabouts is unknown and cannot after diligent search be ascertained.

(b) Any interested person may then submit the agreement to the court for its approval and for the purpose of directing the agreement's execution by the personal representative of the estate, by the trustees of every testamentary trust which will be affected by the compromise, and by the guardians of the estates of minors, of incapacitated persons, of unborn and unascertained persons, and of persons whose present existence or whereabouts is unknown and cannot after diligent search be ascertained, who might be affected by the compromise.

(c) IC 29-1-1-20 applies if there is any person who, if living, has an interest which may be affected by the compromise, but whose present existence or whereabouts cannot after diligent search be ascertained, or who is a minor or incapacitated and has no guardian of the estate, or if there is any future contingent interest which might be taken by any person not then in being and which might be affected by the compromise.

Formerly: Acts 1953, c.112, s.902. As amended by P.L.33-1989, SEC.38; P.L.118-1997, SEC.18.
Ind. Code § 29-2-1-10 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-10
Foreign personal representative; subjection to decedent jurisdiction
Status: in_force

Sec. 10. In addition to jurisdiction conferred by section 9 of this chapter, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.

Formerly: Acts 1975, P.L.288, SEC.48.
Ind. Code § 29-3-3-7 — Indiana Code / Title 29 / Article 3 / Chapter 3 / Section 29-3-3-7
Standby guardians
Status: in_force

Sec. 7. (a) Subject to subsection (e), a parent of a minor or the guardian of a protected person may designate a standby guardian by making a written declaration naming the individual designated to serve as a standby guardian. A declarant may name an alternate to the designated standby guardian if the designated standby guardian is unable to serve, refuses to serve, renounces the appointment, dies, or becomes incapacitated after the death of the declarant.

(b) A declaration under this section must contain the following information:

(1) The names of the declarant, the designated standby guardian, and the alternate standby guardian, if any.

(2) The following information concerning each minor child or protected person for whom a standby guardian is designated by the declaration:

(A) The person's full name as it appears on the birth certificate or as ordered by a court.

(B) The person's date of birth.

(3) A statement that the declaration becomes effective upon the death or incapacity of the declarant.

(4) A statement that the declaration terminates ninety (90) days after becoming effective unless the standby guardian files a petition for a guardianship of the minor or protected person during that ninety (90) day period.

(c) A declaration executed under this section must be signed by the declarant in the presence of a notary public.

(d) A declaration executed under this section becomes effective upon the death or incapacity (as defined in IC 29-3-1-7.5) of the parent or guardian and terminates ninety (90) days after the declaration becomes effective. However, if the designated standby guardian files a petition for a guardianship of the minor or protected person during that ninety (90) day period, the declaration remains in effect until the court rules on the petition.

(e) A declaration executed under this section must be considered by, but is not binding upon, the department of child services, a probation department, or a juvenile court for purposes of determining the placement of a child who is the subject of:

(1) an allegation of child abuse or neglect under IC 31-33;

(2) an open child in need of services case under IC 31-34; or

(3) an open delinquency case under IC 31-37.

(f) A standby guardian shall have all the powers granted to a guardian under this article.

As added by P.L.178-2011, SEC.4. Amended by P.L.149-2012, SEC.9.
Ind. Code § 29-1-5-5 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-5
Compliance with law
Status: in_force

Sec. 5. A will is legally executed if the manner of its execution complies with the law, in force either at the time of execution or at the time of the testator's death, of:

(1) this state;

(2) the jurisdiction that the testator is actually present in at the time the testator executes the will; or

(3) the domicile of the testator at the time of execution or at the time of his death.

Formerly: Acts 1953, c.112, s.505. As amended by P.L.40-2018, SEC.1.
Ind. Code § 29-3.5-2-3 — Indiana Code / Title 29 / Article 3.5 / Chapter 2 / Section 29-3.5-2-3
Jurisdiction of Indiana courts; criteria
Status: in_force

Sec. 3. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) this state is the respondent's home state;

(2) on the date the petition is filed, this state is a significant connection state and:

(A) the respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or

(B) the respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant connection state, and, before the court makes the appointment or issues the order:

(i) a petition for an appointment or order is not filed in the respondent's home state;

(ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) the court in this state concludes that it is an appropriate forum under the factors set forth in section 6 of this chapter;

(3) this state does not have jurisdiction under either subdivision (1) or (2), the respondent's home state and all significant connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or

(4) the requirements for special jurisdiction under section 4 of this chapter are met.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-10-13 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-13
Compensation; attorney's services
Status: in_force

Sec. 13. If a testator by will makes provision for the compensation of his personal representative, that shall be taken as his full compensation unless he files in the court a written instrument renouncing all claims for the compensation provided by the will before qualifying as personal representative. The personal representative, when no compensation is provided in the will, or when he renounces all claim to the compensation provided in the will, shall be allowed such compensation for his services as the court shall deem just and reasonable. Additional compensation may be allowed for his services as attorney and for other services not required of a personal representative. An attorney performing services for the estate at the instance of the personal representative shall have such compensation therefor out of the estate as the court shall deem just and reasonable. Such compensation may be allowed at the final settlement; but at any time during administration a personal representative or his attorney may apply to the court for an allowance upon the compensation of the personal representative and upon attorney's fees.

Formerly: Acts 1953, c.112, s.1013.
Ind. Code § 29-1-8-3 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-3
Disbursement and distribution of estate
Status: in_force

Sec. 3. (a) As used in this section, "fiduciary" means:

(1) the personal representative of an unsupervised estate; or

(2) a person appointed by a court under this title to act on behalf of the decedent or the decedent's distributees.

(b) Except as otherwise provided in this section, if the value of a decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of:

(1) an amount equal to:

(A) twenty-five thousand dollars ($25,000), for the estate of an individual who dies before July 1, 2006;

(B) fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2006, and before July 1, 2022; and

(C) one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022;

(2) the costs and expenses of administration; and

(3) reasonable funeral expenses;

the fiduciary, without giving notice to creditors, may disburse and distribute the estate to the persons entitled to it, followed by the filing of a closing statement, as provided in section 4 of this chapter.

(c) If an estate described in subsection (b) includes real property, an affidavit may be recorded in the office of the recorder in the county in which the real property is located. The affidavit must contain the following:

(1) The legal description of the real property.

(2) The following statements:

(A) If the individual dies after June 30, 2006, and before July 1, 2022, the following statement: "It appears that the decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of the following: fifty thousand dollars ($50,000), the costs and expenses of administration, and reasonable funeral expenses.".

(B) If the individual dies before July 1, 2006, the following statement: "It appears that the decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of the following: twenty-five thousand dollars ($25,000), the costs and expenses of administration, and reasonable funeral expenses.".

(C) If the individual dies after June 30, 2022, the following statement: "It appears that the decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of the following: one hundred thousand dollars ($100,000), the costs and expenses of administration, and reasonable funeral expenses.".

(3) The name of each person entitled to at least a part interest in the real property as a result of a decedent's death, the share to which each person is entitled, and whether the share is a divided or undivided interest.

(4) A statement which explains how each person's share has been determined.

Formerly: Acts 1953, c.112, s.803; Acts 1959, c.239, s.1; Acts 1965, c.379, s.3; Acts 1971, P.L.406, SEC.2; Acts 1975, P.L.288, SEC.14. As amended by P.L.146-1984, SEC.2; P.L.118-1997, SEC.17; P.L.42-1998, SEC.2; P.L.95-2007, SEC.8; P.L.220-2011, SEC.473; P.L.194-2017, SEC.4; P.L.231-2019, SEC.14; P.L.56-2020, SEC.5; P.L.105-2022, SEC.19; P.L.151-2022, SEC.2; P.L.162-2022, SEC.8.
Ind. Code § 29-1-8-10 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-10
Direct postmortem transfer; application
Status: in_force

Sec. 10. (a) As used in this section, "direct postmortem transfer" means a transfer of an asset to a testamentary trust established in a will that is admitted to probate under this article if any of the following apply:

(1) The asset transferred to the testamentary trust is a distribution of death proceeds under a life insurance policy or annuity.

(2) The testamentary trust is a designated beneficiary of an:

(A) individual retirement account; or

(B) employee benefit plan that is governed by the federal Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

(3) The transfer to the testamentary trust is:

(A) a distribution from another trust;

(B) the result of a disclaimer;

(C) a transfer on death transfer under IC 32-17-14; or

(D) a decanting distribution.

(b) All of the following apply to a direct postmortem transfer described in subsection (a):

(1) The direct postmortem transfer is considered effective upon the decedent's death, if the decedent's will is admitted to probate, regardless of when the will is admitted to probate subject to IC 29-1-7-15.1(g).

(2) The direct postmortem transfer:

(A) does not constitute part of the estate (as defined in IC 29-1-1-3); and

(B) is not subject to claims other than as provided in IC 32-17-13.

(3) The direct postmortem transfer is a transfer of an asset or property to a trust established in a will for all purposes of the Social Security Act (42 U.S.C. 301 et seq.).

(c) After the will is admitted to probate, the effective date of the testamentary trust is the date of the decedent's death.

As added by P.L.81-2015, SEC.16. Amended by P.L.50-2025, SEC.5.
Ind. Code § 29-3-2-7 — Indiana Code / Title 29 / Article 3 / Chapter 2 / Section 29-3-2-7
Submissions to the court; court requests for information
Status: in_force

Sec. 7. (a) If a person files a petition to establish or modify guardianship of a minor, any person who:

(1) is a party to the guardianship proceeding; and

(2) has knowledge that:

(A) a party to the guardianship proceeding has been determined to be a perpetrator of a substantiated report of child abuse or neglect;

(B) the child named in the petition has been the subject of a substantiated report of child abuse or neglect;

(C) the child named in the petition has been determined to be a child in need of services under IC 31-34; or

(D) the child named in the petition has been involved in an informal adjustment under IC 31-34-8;

shall submit to the court in writing under seal that a party to the guardianship proceeding is a person described in subdivision (2)(A) or the child named in the petition is a child described in subdivision (2)(B), (2)(C), or (2)(D).

(b) A court reviewing a petition to establish or modify a guardianship may request information from the department of child services regarding a petition or proceeding described in subsection (a)(2). The department shall provide a response under seal to the court's request for information not later than ten (10) days after the department receives the court's request for the information.

As added by P.L.239-2013, SEC.1.
Ind. Code § 29-3-1-3 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-3
"Court"
Status: in_force

Sec. 3. "Court" means the court having probate jurisdiction and, where the context permits, the court having venue of the guardianship.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-7.5-4.5 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-4.5
Uncontested closing statements; audits and inquiries
Status: in_force

Sec. 4.5. If, after three (3) months following the date that the closing statement required under section 4 of this chapter is filed, an objection to the closing statement has not been filed, the court does not have a duty to audit or make an inquiry.

As added by P.L.130-1992, SEC.8.
Ind. Code § 29-3-12-4 — Indiana Code / Title 29 / Article 3 / Chapter 12 / Section 29-3-12-4
Removal, resignation, or death of guardian; final accounting; appointment of successor; effect of removal on validity of guardian's acts
Status: in_force

Sec. 4. (a) The court may remove a guardian on its own motion or on petition of the protected person or any person interested in the guardianship, after notice and hearing, on the same grounds and in the same manner as is provided under IC 29-1-10-6 for the removal of a personal representative. The court may accept the resignation of a guardian. Upon the death of the guardian, the guardian's personal representative shall submit a final account of guardianship to the court in accordance with IC 29-3-9-6. Upon the resignation or removal of the guardian, the guardian shall give a final accounting to the court.

(b) If the appointment of a successor guardian is required, the court shall appoint a qualified successor guardian to succeed to the title, powers, and duties of the predecessor guardian unless otherwise ordered by the court.

(c) The removal or resignation of a guardian after letters are duly issued to the guardian does not by itself invalidate the guardian's acts and omissions prior to removal. A final order under IC 29-3-9-6 protects the successor guardian and the successor guardian's surety to the same extent that it protects the successor guardian's predecessor and surety.

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.13.
Ind. Code § 29-3-1-7.2 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-7.2
"Health care provider"
Status: in_force

Sec. 7.2. "Health care provider", for purposes of section 9.5 of this chapter and IC 29-3-4-1.5, has the meaning set forth in IC 16-18-2-163(a)(1).

As added by P.L.38-2023, SEC.10.
Ind. Code § 29-1-2-3.1 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-3.1
Wife's interest in real property by reason of marriage; extinguishment
Status: in_force

Sec. 3.1. A married man may, in his own name as if he were unmarried, sell, barter, exchange, mortgage, lease, contract to sell, convey or execute any instrument, contract or commitment of any kind whatsoever affecting or in relation to his real property, and the deed, mortgage, lease or other instrument, contract or commitment so executed by a married man without the joinder or assent of his wife shall have the same effect as if it had been executed by the husband joined by his competent wife. Any such act or instrument, or any sale, disposition, transfer or encumbrance of the husband's real property by virtue of any decree, execution or mortgage, even though the wife is not a party thereto, shall extinguish the right of the wife to her one-third of any of said real property and shall extinguish any other right, choate or inchoate, of the wife in said real property which arose or could arise by reason of the marital relationship.

Formerly: Acts 1973, P.L.288, SEC.1.
Ind. Code § 29-1-21-17 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-17
"Other electronic will"; "rejected will"; probate of other electronic will or rejected will
Status: in_force

Sec. 17. (a) This section shall apply to the situation created by:

(1) the rejection of a petition to probate a deceased testator's electronic or traditional paper will; or

(2) the revocation of a deceased testator's electronic will due to the timely filing of a will contest as described in IC 29-1-7-17.

(b) The following terms are defined for this section:

(1) "Other electronic will" means:

(A) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that preceded the date of execution seen in the rejected will; or

(B) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that followed the date of execution seen on the rejected will;

where the petitioner or proponent for the electronic will is not aware of any other paper will or electronic will executed by the testator at a date later than the date of the testator's purposed execution of the other electronic will.

(2) "Rejected will" means a will that is rejected for a reason described in subsection (a).

(c) On or before the end of the time period specified in IC 29-1-7-15.1(g)(2) or IC 29-1-7-15.1(g)(3), any interested person may file a petition requesting probate of another electronic will associated with the testator. A complete converted copy of the other electronic will and an affidavit of regularity must accompany any petition filed under this subsection. The complete converted copy of another electronic will is prima facie evidence of:

(1) the substance of the other electronic will; and

(2) the proper execution of the other electronic will.

(d) Section 16 of this chapter shall apply to any proceeding concerning the probate of another electronic will of a deceased testator. In the absence of:

(1) clear and convincing evidence; and

(2) written evidence;

of the testator's contrary intentions, the court shall presume that the deceased testator would have preferred the probate and enforcement of the testator's other electronic will to intestacy.

As added by P.L.40-2018, SEC.2. Amended by P.L.231-2019, SEC.19.
Ind. Code § 29-1-17-10 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-10
Distribution in kind; partition sale; election of distributee; annuity; good faith purchasers or lenders
Status: in_force

Sec. 10. (a) When the estate is otherwise ready to be distributed, it shall be distributed in kind to whatever extent it is practicable, unless the terms of the will otherwise provide or unless a partition sale is ordered. Except as provided in subsection (b) of this section, any general legatee may elect to take the value of his legacy in kind, and any distributee, who by the terms of the will is to receive land or any other thing to be purchased by the personal representative, may, if he notifies the personal representative before the thing is purchased, elect to take the purchase price or property of the estate which the personal representative would otherwise sell to obtain such purchase price. Values for the purposes of such distributions in kind shall be determined at a time not more than ten (10) days prior to the filing of the petition for distribution, and if necessary to avoid substantial inequities may be redetermined at any time prior to the order of distribution.

(b) If the terms of the will direct the purchase of an annuity, the person to whom the income thereof shall be directed to be paid shall not have the right to elect to take the capital sum directed to be used for such purchase in lieu of such annuity except to the extent that the will expressly provides that an assignable annuity be purchased. Nothing herein contained shall affect the rights of election by a surviving spouse against a testamentary provision as provided in this article.

(c) If property distributed in kind or a security interest therein is acquired in good faith for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution or release from the personal representative, or is so acquired in good faith by a purchaser from or lender to a transferee of the distributee, the purchaser or lender takes title free of any right of an interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This subsection protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, and a purchaser from or lender to any other distributee or his transferee. To be protected under this subsection, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution.

Formerly: Acts 1953, c.112, s.1710. As amended by Acts 1977, P.L.297, SEC.4.
Ind. Code § 29-1-10-14 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-14
Actions on probate; expenses and attorney's fees
Status: in_force

Sec. 14. (a) As used in this section, "devisee" shall include any person prosecuting or defending any will under IC 29-1-7-16 or IC 29-1-7-17.5 and, if multiple wills are being challenged under IC 29-1-7-17.5, any person prosecuting or defending a will next prior to the earliest will being challenged under IC 29-1-7-17.5.

(b) When any person designated as executor in a will, or the administrator with the will annexed, or if at any time there be no such representative, then any devisee therein, defends it or prosecutes any proceedings in good faith and with just cause for the purpose of having it admitted to probate, whether successful or not, the devisee shall be allowed out of the estate the devisee's necessary expenses and disbursements including reasonable attorney's fees in such proceedings.

Formerly: Acts 1953, c.112, s.1014. As amended by P.L.231-2019, SEC.16.
Ind. Code § 29-1-10-20 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-20
Duties of an estate lawyer
Status: in_force

Sec. 20. (a) As used in this section, "estate lawyer" refers to a lawyer performing services for an estate at the request of the estate's personal representative.

(b) Except as otherwise provided in a written agreement between the estate lawyer and an interested person, an estate lawyer:

(1) represents and owes a duty only to the personal representative;

(2) does not have a duty to collect, possess, manage, maintain, monitor, or account for estate assets, unless otherwise required by a specific order of the court; and

(3) is not liable for any loss suffered by the estate, except to the extent the loss was caused by the estate lawyer's breach of a duty owed to the personal representative.

(c) If a provision of a court's local probate rule conflicts with this section, this section controls.

As added by P.L.99-2013, SEC.3.
Ind. Code § 29-1-7-7 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-7
Notice of administration
Status: in_force

Sec. 7. (a) As soon as letters testamentary or of administration, general or special, supervised or unsupervised, have been issued, notice of the estate administration shall be published.

(b) The notice required under subsection (a) shall be published in a newspaper of general circulation, printed in the English language and published in the county where the court is located, once each week for two (2) consecutive weeks. A copy of the notice, with proof of publication, shall be filed with the clerk of the court as a part of the administration of the estate within thirty (30) days after the publication. If no newspaper is published in the county, the notice shall be published in a newspaper published in an adjacent county.

(c) The notice required under subsection (a) shall be served through the E-filing System of the Indiana Courts or by first class postage prepaid mail on each heir, devisee, legatee, and known creditor whose name and address is set forth in the petition for probate or letters, except as otherwise ordered by the court.

(d) The personal representative or the personal representative's agent shall, within one (1) month after the first publication of notice under subsection (a) or as soon as possible after the elapse of one (1) month, serve a written or electronic copy of the notice on each creditor of the decedent:

(1) whose name is not set forth in the petition for probate or letters under subsection (c);

(2) who is known or reasonably ascertainable within one (1) month after the first publication of notice under subsection (a); and

(3) whose claim has not been paid or settled by the personal representative.

The notice may be served by mail or any other means reasonably calculated to ensure actual receipt of the notice by a creditor. The unit is a reasonably ascertainable creditor under this section if the decedent was at least fifty-five (55) years of age at the time of death and dies on or after June 30, 2018. Notice served under this section by mail to the unit at the unit's address is reasonably calculated to ensure receipt of the notice by the unit.

(e) If a creditor described in subsection (d) is served within one (1) month after the first publication of notice, the personal representative or the personal representative's agent shall serve a copy of the notice issued by the clerk under subsection (a). A creditor that is served notice described in this subsection must file a claim against the estate within three (3) months after the date of the first published notice to creditors under IC 29-1-14-1.

(f) If a creditor described in subsection (d) is not served within one (1) month after the first publication of notice, the personal representative or the personal representative's agent shall electronically file a new proposed notice with the clerk of the court. Once the clerk of the court has issued the new notice, the personal representative or the personal representative's agent shall serve a written or electronic copy of the notice by mail or any other means reasonably calculated to ensure actual receipt of the notice by a creditor. A creditor that is served notice under this subsection must submit a claim against the estate within two (2) months from the date of service of the notice.

(g) Any claim filed under IC 29-1-14-1(a) more than nine (9) months after the death of the decedent is barred.

(h) A schedule of creditors that received notice under subsections (d) and (f) shall be delivered to the clerk of the court as soon as possible after notice is given.

(i) The giving of notice to a creditor or the listing of a creditor on the schedule delivered to the clerk of the court does not constitute an admission by the personal representative that the creditor has an allowable claim against the estate.

(j) If any person entitled to receive notice under this section is under a legal disability, the notice may be served upon or waived by the person's natural or legal guardian or by the person who has care and custody of the person.

(k) Notice filed under subsection (a) or served under subsection (e) shall read substantially as follows:

NOTICE OF ADMINISTRATION

In the _____________ Court of ______________ County, Indiana.

Notice is hereby given that _________ was, on the ____ day of ______, 20 __, appointed personal representative of the estate of _________, deceased, who died on the ___ day of ________, 20 __.

All persons who have claims against this estate, whether or not now due, must file the claim in the office of the clerk of this court within three (3) months from the date of the first publication of this notice, or within nine (9) months after the decedent's death, whichever is earlier, or the claims will be forever barred.

Dated at ________, Indiana, this ___ day of ______, 20 __.

_______________________________

CLERK OF THE _________ COURT

FOR _______ COUNTY, INDIANA

(l) Notice filed and served under subsection (f) shall read substantially as follows:

NOTICE OF ADMINISTRATION

In the _____________ Court of ______________ County, Indiana.

Notice is hereby given that _________ was, on the ____ day of ______, 20 __, appointed personal representative of the estate of _________, deceased, who died on the ___ day of ________, 20 __.

All persons who have claims against this estate, whether or not now due, must file the claim in the office of the clerk of this court within two (2) months from the date of service of this notice, or within nine (9) months after the decedent's death, whichever is earlier, or the claims will be forever barred.

Dated at ________, Indiana, this ___ day of ______, 20 __.

_______________________________

CLERK OF THE _________ COURT

FOR _______ COUNTY, INDIANA

Formerly: Acts 1953, c.112, s.707; Acts 1955, c.258, s.4; Acts 1975, P.L.288, SEC.6. As amended by P.L.154-1990, SEC.2; P.L.197-1996, SEC.1; P.L.252-2001, SEC.12; P.L.95-2007, SEC.4; P.L.143-2009, SEC.10; P.L.163-2018, SEC.5; P.L.231-2019, SEC.7; P.L.162-2022, SEC.7; P.L.50-2025, SEC.1.
Ind. Code § 29-1-17-15 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-15
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.1715. As amended by Acts 1971, P.L.405, SEC.2. Repealed by Acts 1973, P.L.289, SEC.4.
Ind. Code § 29-1-19-8 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-8
Filing petitions; notice
Status: in_force

Sec. 8. Upon the filing of a petition for the appointment of a guardian or the issuance of a protective order under this article, notice shall be given to the incapacitated person, and to other persons and the department by certified mail.

Formerly: Acts 1953, c.112, s.2008. As amended by Acts 1982, P.L.171, SEC.64; P.L.33-1989, SEC.45; P.L.95-2007, SEC.12.
Ind. Code § 29-2-14-3 — Indiana Code / Title 29 / Article 2 / Chapter 14 / Section 29-2-14-3
Joint tenants; tenants by entirety
Status: in_force

Sec. 3. Where there is no sufficient evidence that two (2) joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half (1/2) as if one (1) had survived and one-half (1/2) as if the other had survived. If there are more than two (2) joint tenants and all of them have so died the property thus distributed shall be in the proportion that one (1) bears to the whole number of joint tenants.

Formerly: Acts 1941, c.49, s.3.
Ind. Code § 29-1-21-3 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-3
Definitions
Status: in_force

Sec. 3. The following terms are defined for this chapter:

(1) "Affidavit of regularity" means an affidavit executed by a custodian or other person under section 13 of this chapter with respect to the electronic record for an electronic will or a complete converted copy of an electronic will.

(2) "Complete converted copy" means a document in any format that:

(A) can be visually perceived in its entirety on a monitor or other display device;

(B) can be printed; and

(C) contains:

(i) the text of the electronic will;

(ii) the electronic signatures of the testator and the witnesses;

(iii) a readable copy of any associated document integrity evidence that may be a part of or attached to the electronic will; and

(iv) a self-proving clause concerning the electronic will, if the electronic will is self-proved.

(3) "Custodian" means a person, other than:

(A) the testator who executed the electronic will;

(B) an attorney;

(C) a person who is named in the electronic will as a personal representative of the testator's estate; or

(D) a person who is named or defined as a distributee in the electronic will;

who has authorized possession or control of the electronic will. The term may include an attorney in fact serving under a living testator's durable power of attorney who possesses general authority over records, reports, statements, electronic records, or estate planning transactions.

(4) "Custody" means the authorized possession and control of at least one (1) of the following:

(A) A complete copy of the electronic record for the electronic will, including a self-proving clause if a self-proving clause is executed.

(B) A complete converted copy of the electronic will, if the complete electronic record has been lost or destroyed or the electronic will has been revoked.

(5) "Directed paralegal" means a nonlawyer assistant who is employed, retained, or otherwise associated with a licensed attorney or law firm and whose work is directly supervised by a licensed attorney, as required by Rule 5.3 of the Rules of Professional Conduct.

(6) "Document integrity evidence" means the part of the electronic record for the electronic will that:

(A) is created and maintained electronically;

(B) includes digital markers showing that the electronic will has not been altered after its initial execution and witnessing;

(C) is logically associated with the electronic will in a tamper evident manner so that any change made to the text of the electronic will after its execution is visibly perceptible when the electronic record is displayed or printed;

(D) will generate an error message, invalidate an electronic signature, make the electronic record unreadable, or otherwise display evidence that some alteration was made to the electronic will after its execution; and

(E) displays the following information:

(i) The city and state in which, and the date and time at which, the electronic will was executed by the testator and the attesting witnesses.

(ii) The text of the self-proving clause, if the electronic will is electronically self-proved through use of a self-proving clause executed under section 4(f) of this chapter.

(iii) The name of the testator and attesting witnesses.

(iv) The name and address of the person responsible for marking the testator's signature on the electronic will at the testator's direction and in the presence of the testator and attesting witnesses.

(v) Copies of or links to the electronic signatures of the testator and the attesting witnesses on the electronic will.

(vi) A general description of the type of identity verification evidence used to verify the testator's identity.

(vii) The text of the advisory instruction, if any, that is provided to the testator under section 6 of this chapter at the time of the execution of the electronic will.

(viii) The content of the cryptographic hash or unique code used to complete the electronic record and make the electronic will tamper evident if a public key infrastructure or similar secure technology was used to sign or authenticate the electronic will and if the vendor or the software for the technology makes inclusion feasible.

Document integrity evidence may, but is not required to, contain other information about the electronic will such as a unique document number, client number, or other identifier that an attorney or custodian assigns to the electronic will or a link to a secure Internet web site where a complete copy of the electronic will is accessible. The title, heading, or label, if any, that is assigned to the document integrity evidence (such as "certificate of completion", "audit trail", or "audit log") is immaterial.

(7) "Electronic" has the meaning set forth in IC 26-2-8-102.

(8) "Electronic record" has the meaning set forth in IC 26-2-8-102. The term may include one (1) or both of the following:

(A) The document integrity evidence associated with the electronic will.

(B) The identity verification evidence of the testator who executed the electronic will.

(9) "Electronic signature" has the meaning set forth in IC 26-2-8-102.

(10) "Electronic will" means the will of a testator that:

(A) is initially created and maintained as an electronic record;

(B) contains the electronic signatures of:

(i) the testator; and

(ii) the attesting witnesses; and

(C) contains the date and times of the electronic signatures described by clause (B)(i) and (B)(ii).

The term may include a codicil that amends an electronic will or a traditional paper will if the codicil is executed in accordance with the requirements of this chapter.

(11) "Executed" means the signing of an electronic will. The term includes the use of an electronic signature.

(12) "Identity verification evidence" means either:

(A) a copy of the testator's government issued photo identification card; or

(B) any other information that verifies the identity of the testator if derived from one (1) or more of the following sources:

(i) A knowledge based authentication method.

(ii) A physical device.

(iii) A digital certificate using a public key infrastructure.

(iv) A verification or authorization code sent to or used by the testator.

(v) Biometric identification.

(vi) Any other commercially reasonable method for verifying the testator's identity using current or future technology.

(13) "Logically associated" means electronically connected, cross referenced, or linked in a reliable manner.

(14) "Observe" means to perceive another's actions or expressions of intent through the senses of eyesight or hearing, or both. The term includes perceptions involving the use of technology or learned skills to:

(A) assist the person's capabilities of eyesight or hearing, or both; or

(B) compensate for an impairment of the person's capabilities of eyesight or hearing, or both.

(15) "Observing" has the meaning set forth in subdivision (14).

(16) "In the presence of" has the meaning set forth in subdivision (17).

(17) "Presence" means a process of signing and witnessing a will in which:

(A) the testator and the witnesses:

(i) are directly present with each other in the same physical space; or

(ii) are able to interact with each other in real time through the use of audiovisual technology now known or later developed;

(B) the testator and witnesses are able to positively identify each other; and

(C) each witness is able to interact with the testator and with each other by observing:

(i) the testator's expression of intent to execute the electronic will;

(ii) the testator's actions in executing or directing the execution of the testator's electronic will; and

(iii) the actions of every other witness in signing the will.

The term includes the use of technology or learned skills for the purpose of assisting with hearing, eyesight, and speech, or for the purpose of compensating for a hearing, eyesight, or speech impairment.

(18) "Sign" means valid use of a properly executed electronic signature.

(19) "Signature" means the authorized use of the testator's name to authenticate an electronic will. The term includes an electronic signature.

(20) "Tamper evident" means the feature of an electronic record, such as an electronic will or document integrity evidence for an electronic will, that will cause any alteration of or tampering with the electronic record, after it is created or signed, to be perceptible to any person viewing the electronic record when it is printed on paper or viewed on a monitor or other display device. The term applies even if the nature or specific content of the alteration is not perceptible.

(21) "Traditional paper will" means a will or codicil that is signed by the testator and the attesting witnesses:

(A) on paper; and

(B) in the manner specified in IC 29-1-5-3 or IC 29-1-5-3.1.

(22) "Will" includes all wills, testaments, and codicils. The term includes:

(A) an electronic will; and

(B) any testamentary instrument that:

(i) appoints an executor; or

(ii) revives or revokes another will.

As added by P.L.40-2018, SEC.2. Amended by P.L.10-2019, SEC.116; P.L.231-2019, SEC.18; P.L.185-2021, SEC.6.
Ind. Code § 29-1-15-12 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-12
Conflicting titles; process and notice
Status: in_force

Sec. 12. Upon any petition to sell or mortgage real property the court shall have power to investigate and determine all questions of conflicting and controverted title, remove clouds from any title or interest involved, and invest purchasers or mortgagees with a good and indefeasible title to the property sold or mortgaged. When the petition to sell or mortgage seeks such relief notice shall be given as in civil actions of like nature and the court is authorized to issue appropriate process and notices in order to obtain jurisdiction to so proceed against adverse parties.

Formerly: Acts 1953, c.112, s.1512.
Ind. Code § 29-2-12-1 — Indiana Code / Title 29 / Article 2 / Chapter 12 / Section 29-2-12-1
Purpose
Status: in_force

Sec. 1. The purpose of this chapter is to provide for an equitable apportionment of federal estate tax imposed upon decedents' estates under the provisions of the United States revenue code.

Formerly: Acts 1969, c.175, s.1. As amended by Acts 1982, P.L.171, SEC.72.
Ind. Code § 29-1-20-1 — Indiana Code / Title 29 / Article 1 / Chapter 20 / Section 29-1-20-1
Affirmation or representation; form
Status: in_force

Sec. 1. (a) Wherever in this article it is provided that any pleading, petition, report, or other document of any kind be verified, or that an oath be taken, it shall be sufficient if the subscriber simply affirms the truth of the matter to be verified by an affirmation or representation in substantially the following language: "I (we) affirm, under the penalties for perjury, that the foregoing representation(s) is (are) true.

(SIGNED) ____________________"

(b) Any person who falsifies an affirmation or representation of fact shall be subject to the same penalties as are prescribed by law for the making of a false affidavit.

Formerly: Acts 1953, c.112, s.2503; Acts 1959, c.200, s.1. As amended by Acts 1982, P.L.171, SEC.68.
Ind. Code § 29-1-2-5 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-5
Kindred of half blood; inheritance
Status: in_force

Sec. 5. Kindred of the half blood shall inherit the same share which they would have inherited if they had been of the whole blood.

Formerly: Acts 1953, c.112, s.205.
Ind. Code § 29-1-14-15 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-15
Execution; final process; payment; mortgages, pledges, or liens; enforcement
Status: in_force

Sec. 15. No execution or other final process shall be issued on any allowance or judgment rendered upon a claim against a decedent's estate for the collection thereof out of the assets of the estate, but all such claims shall be paid by the personal representative in full or pro rata, in due course of administration; provided, however, the provisions of this section shall not be construed to prevent the enforcement of mortgages, pledges or other liens upon real or personal property in an appropriate proceeding.

Formerly: Acts 1953, c.112, s.1415.
Ind. Code § 29-1-14-11 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-11
Inquiry into correctness; liability on bond
Status: in_force

Sec. 11. Before allowing or paying claims against the estate he represents, it shall be the duty of every personal representative to inquire into the correctness of all claims against the estate and make all available defenses thereto, and if he fails so to do, he shall be liable on his bond, at the suit of any person interested in the estate, for all damages sustained by the estate in consequence of such neglect.

Formerly: Acts 1953, c.112, s.1411.
Ind. Code § 29-1-10-17 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-17
Damages for wrongful death
Status: in_force

Sec. 17. An administrator collecting damages for personal injury resulting in the death of any decedent, may, at any time, file in the court where he was appointed his final report with respect to such proceeds, and the same may be approved by the court, and it shall not be necessary to publish any notice of the final settlement of such estate unless the same is ordered by the court. In the event that said administrator was appointed for the sole purpose of collecting such damages it shall not be necessary to publish any notice of the issuance of letters of administration.

Formerly: Acts 1953, c.112, s.1017.
Ind. Code § 29-1-1-17 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-17
Proof of service as evidence
Status: in_force

Sec. 17. Such proof of service shall be received in evidence in any court in this state, and be deemed sufficient proof of the matters and things therein contained.

Formerly: Acts 1953, c.112, s.117.
Ind. Code § 29-1-1-2 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-2
Procedure; prior proceedings or rights
Status: in_force

Sec. 2. (a) The procedure herein prescribed shall govern all proceedings in probate brought after January 1, 1954; and also all further procedure in probate proceedings then pending, except to the extent that in the opinion of the court their application in particular proceedings or parts thereof would not be feasible or would work injustice, in which event the former procedure shall apply.

(b) No act done in any proceeding commenced before January 1, 1954, and no accrued right, shall be impaired by its provisions. When a right is acquired, extinguished or barred upon the expiration of a prescribed period of time which has commenced to run by the provision of the law in force at the time, such provision shall remain in force and be deemed a part of this article with respect to such right, and not withstanding any of the provisions of this article, the person or persons who shall be entitled to take or receive any property, right, power or interest on the final settlement and distribution of any estate pending or any trust being administered on January 1, 1954 shall be determined, and his or their rights, powers and interest shall be governed by the statutes and applicable decisions in force and effect immediately prior to January 1, 1954.

(c) If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.

Formerly: Acts 1953, c.112, s.102. As amended by Acts 1982, P.L.171, SEC.2.
Ind. Code § 29-3.5-2-8 — Indiana Code / Title 29 / Article 3.5 / Chapter 2 / Section 29-3.5-2-8
Notice requirements when another state is the respondent's home state
Status: in_force

Sec. 8. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-14-4 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-4
Actions; joint contracts and judgment
Status: in_force

Sec. 4. No action shall be brought by complaint and summons against any personal representative and any other person or persons, or his or their legal representatives, upon any contract executed jointly, or jointly and severally, by the deceased and such other person or persons, or upon any joint judgment founded thereon; but the holder of said contract or judgment shall enforce the collection thereof against the estate of the decedent only by filing his claim as provided in section 2 of this chapter.

Formerly: Acts 1953, c.112, s.1404. As amended by Acts 1982, P.L.171, SEC.37.
Ind. Code § 29-2-2-2 — Indiana Code / Title 29 / Article 2 / Chapter 2 / Section 29-2-2-2
Oath of office; fees and compensation
Status: in_force

Sec. 2. Said commissioner shall take and subscribe an oath for the faithful discharge of his duties, and shall hold his office for the term of four (4) years, subject to the provisions of this chapter, and for his services as such commissioner shall receive or be allowed no fees, emoluments or compensation whatever other than the salary fixed by said court and required to be paid out of the treasury of said county as aforesaid, and which salary shall not be increased during his said term of office.

Formerly: Acts 1891, c.137, s.2. As amended by Acts 1982, P.L.171, SEC.69.
Ind. Code § 29-1-11-3 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-3
Run to state; joint and several liability; conflict of laws
Status: in_force

Sec. 3. The bond of the personal representative shall run to the state of Indiana to the use of all persons for whose benefit it was given under the provision of this article and shall be for the security and benefit of such persons. The sureties shall be jointly and severally liable with the personal representative and with each other. The provisions of this section shall not change the rights of the sureties under other statutes or under the law.

Formerly: Acts 1953, c.112, s.1103. As amended by Acts 1982, P.L.171, SEC.31.
Ind. Code § 29-1-1-14 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-14
Service upon attorney
Status: in_force

Sec. 14. (a) If an attorney shall have entered his appearance in writing for any person in any probate proceeding or matter pending in the court, all notices required to be served on the person in such proceeding or matter may be served on the attorney and such service shall be in lieu of service upon the person for whom the attorney appears.

(b) Notices to the personal representative may similarly be served on his attorney of record.

Formerly: Acts 1953, c.112, s.114.
Ind. Code § 29-3-4-1 — Indiana Code / Title 29 / Article 3 / Chapter 4 / Section 29-3-4-1
Protective orders; notice and hearing; findings; protective arrangements
Status: in_force

Sec. 1. (a) Upon petition by any person and after a hearing under IC 29-3-5, the court may issue, without the appointment of a guardian, any protective order for the benefit of a person who has been adjudicated an incapacitated person or is a minor.

(b) Notice of the filing of a petition under this chapter for the issuance of a protective order and the hearing on the petition shall be given under IC 29-3-6.

(c) Incapacitated persons and minors have the same rights at the hearing on a petition filed under this chapter for the issuance of a protective order as they would have at a hearing for the appointment of a guardian.

(d) The court may issue a protective order concerning an incapacitated person if the court finds that:

(1) the incapacitated person:

(A) owns property or has income requiring management or protection that cannot otherwise be provided;

(B) has or may have financial or business affairs that may be jeopardized or impaired; or

(C) has property that needs to be managed to provide for the support or protection of the incapacitated person;

(2) the incapacitated person is unable to manage the incapacitated person's property and financial or business affairs effectively; and

(3) the protection sought is necessary.

The court shall make the orders that it considers proper and appropriate to protect the person, business affairs, and property of the incapacitated person.

(e) The court may issue a protective order concerning a minor if the court finds that:

(1) the minor:

(A) owns property or has income requiring management or protection that cannot otherwise be provided;

(B) has or may have financial or business affairs that may be jeopardized or impaired; or

(C) has property that needs to be managed to provide for the support or protection of the minor; and

(2) the protection sought is necessary.

The court shall make the orders it considers proper and appropriate to protect the person, business affairs, and property of the minor.

(f) If the court finds grounds for a protective order under subsection (d) or (e), it may, without appointing a guardian, declare the person to be a protected person and authorize or ratify any transaction necessary or desirable to meet the needs of the protected person. Protective arrangements include the following:

(1) The payment, delivery, deposit, or retention of property, including delivery of property to a custodian under IC 30-2-8.5.

(2) The sale, mortgage, lease, or other transfer of property.

(3) The entry into an annuity contract, a contract for life care, a deposit contract, or a contract for training and educating a person.

(4) The addition to or establishment of a suitable trust.

A court may order a trustee, custodian, or other person to file periodic reports concerning a transaction involving property of a minor ordered under subdivisions (1) through (4).

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.66; P.L.6-2010, SEC.9; P.L.105-2026, SEC.3.
Ind. Code § 29-2-1-9 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-9
Foreign personal representative; submission to jurisdiction of state court
Status: in_force

Sec. 9. A foreign personal representative submits himself to the jurisdiction of the courts of this state by (a) filing authenticated copies of his appointment as provided in section 5 of this chapter, (b) receiving payment of money or taking delivery of personal property under section 2 of this chapter, or (c) doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual. Jurisdiction under (b) is limited to the money or value of personal property collected.

Formerly: Acts 1975, P.L.288, SEC.47.
Ind. Code § 29-1-15-5 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-5
Credit sales
Status: in_force

Sec. 5. In all sales of real or personal property, the court may authorize credit to be given by the personal representative for a term and for an amount of the purchase price each in the discretion of the court, the payment of which shall be secured by notes or bonds with approved sureties or by a purchase money mortgage. If credit is authorized, the order shall specify the time of payment, the minimum rate of interest on deferred payments and the manner in which such payments shall be secured. If the estate is solvent, credit may be extended by the personal representative for a time longer than one (1) year with the written consent of the distributees affected thereby.

Formerly: Acts 1953, c.112, s.1505; Acts 1971, P.L.410, SEC.1. As amended by P.L.9-2022, SEC.61.
Ind. Code § 29-3-7-4 — Indiana Code / Title 29 / Article 3 / Chapter 7 / Section 29-3-7-4
Acceptance of appointment as submission to personal jurisdiction
Status: in_force

Sec. 4. By accepting appointment, a guardian and the guardian's attorney submit personally to the jurisdiction of the court in any proceeding relating to the guardianship.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-6-1 — Indiana Code / Title 29 / Article 1 / Chapter 6 / Section 29-1-6-1
Construction of wills; rules
Status: in_force

Sec. 1. In the absence of a contrary intent appearing in the will, wills shall be construed as to real and personal estate in accordance with the rules in this section.

(a) Any estate, right, or interest in land or other things acquired by the testator after the making of the testator's will shall pass as if title was vested in the testator at the time of making of the will.

(b) All devises of real estate shall pass the whole estate of the testator in the premises devised, although there are no words of inheritance or of perpetuity, whether or not at the time of the execution of the will the decedent was the owner of that particular interest in the real estate devised. Such devise shall also pass any interest which the testator may have at the time of the testator's death as vendor under a contract for the sale of such real estate.

(c) A devise of real or personal estate, whether directly or in trust, to the testator's or another designated person's "heirs", "next of kin", "relatives", or "family", or to "the persons thereunto entitled under the intestate laws" or to persons described by words of similar import, shall mean those persons (including the spouse) who would take under the intestate laws if the testator or other designated person were to die intestate at the time when such class is to be ascertained, domiciled in this state, and owning the estate so devised. With respect to a devise which does not take effect at the testator's death, the time when such class is to be ascertained shall be the time when the devise is to take effect in enjoyment.

(d) In construing a will making a devise to a person or persons described by relationship to the testator or to another, any person adopted prior to the person's twenty-first birthday before the death of the testator shall be considered the child of the adopting parent or parents and not the child of the natural or previous adopting parents. However, if a natural parent or previous adopting parent marries the adopting parent before the testator's death, the adopted person shall also be considered the child of such natural or previous adopting parent. Any person adopted after the person's twenty-first birthday by the testator shall be considered the child of the testator, but no other person shall be entitled to establish relationship to the testator through such child.

(e) In construing a will making a devise to a person described by relationship to the testator or to another, a person born out of wedlock shall be considered the child of the child's mother, and also of the child's father, if, but only if, the child's right to inherit from the child's father is, or has been, established in the manner provided in IC 29-1-2-7.

(f) A will shall not operate as the exercise of a power of appointment which the testator may have with respect to any real or personal estate, unless by its terms the will specifically indicates that the testator intended to exercise the power.

(g) If a devise of real or personal property, not included in the residuary clause of the will, is void, is revoked, or lapses, it shall become a part of the residue, and shall pass to the residuary devisee. Whenever any estate, real or personal, shall be devised to any descendant of the testator, and such devisee shall die during the lifetime of the testator, whether before or after the execution of the will, leaving a descendant who shall survive such testator, such devise shall not lapse, but the property so devised shall vest in the surviving descendant of the devisee as if such devisee had survived the testator and died intestate. The word "descendant", as used in this section, includes children adopted during minority by the testator and by the testator's descendants and includes descendants of such adopted children. "Descendant" also includes children of the mother who are born out of wedlock, and children of the father who are born out of wedlock, if, but only if, such child's right to inherit from such father is, or has been, established in the manner provided in IC 29-1-2-7. This rule applies where the parent is a descendant of the testator as well as where the parent is the testator. Descendants of such children shall also be included.

(h) Except as provided in subsection (m), if a testator in the testator's will refers to a writing of any kind, such writing, whether subsequently amended or revoked, as it existed at the time of execution of the will, shall be given the same effect as if set forth at length in the will, if such writing is clearly identified in the will and is in existence both at the time of the execution of the will and at the testator's death.

(i) If a testator devises real or personal property upon such terms that the testator's intentions with respect to such devise can be determined at the testator's death only by reference to a fact or an event independent of the will, such devise shall be valid and effective if the testator's intention can be clearly ascertained by taking into consideration such fact or event even though occurring after the execution of the will.

(j) If a testator devises or bequeaths property to be added to a trust or trust fund which is clearly identified in the testator's will and which trust is in existence at the time of the death of the testator, such devise or bequest shall be valid and effective. Unless the will provides otherwise, the property so devised or bequeathed shall be subject to the terms and provisions of the instrument or instruments creating or governing the trust or trust fund, including any amendments or modifications in writing made at any time before or after the execution of the will and before or after the death of the testator.

(k) If a testator devises securities in a will and the testator then owned securities that meet the description in the will, the devise includes additional securities owned by the testator at death to the extent the additional securities were acquired by the testator after the will was executed as a result of the testator's ownership of the described securities and are securities of any of the following types:

(1) Securities of the same organization acquired because of an action initiated by the organization or any successor, related, or acquiring organization, excluding any security acquired by exercise of purchase options.

(2) Securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization.

(3) Securities of the same organization acquired as a result of a plan of reinvestment.

Distributions in cash before death with respect to a described security are not part of the devise.

(l) For purposes of this subsection, "incapacitated principal" means a principal who is an incapacitated person. An adjudication of incapacity before death is not necessary. The acts of an agent within the authority of a durable power of attorney are presumed to be for an incapacitated principal. If:

(1) specifically devised property is sold or mortgaged by; or

(2) a condemnation award, insurance proceeds, or recovery for injury to specifically devised property are paid to;

a guardian or an agent acting within the authority of a durable power of attorney for an incapacitated principal, the specific devisee has the right to a general pecuniary devise equal to the net sale price, the amount of the unpaid loan, the condemnation award, the insurance proceeds, or the recovery.

(m) A written statement or list that:

(1) complies with this subsection; and

(2) is referred to in a will;

may be used to dispose of items of tangible personal property, other than property used in a trade or business, not otherwise specifically disposed of by the will. To be admissible under this subsection as evidence of the intended disposition, the writing must be signed by the testator and must describe the items and the beneficiaries with reasonable certainty. The writing may be prepared before or after the execution of the will. The writing may be altered by the testator after the writing is prepared. The writing may have no significance apart from the writing's effect on the dispositions made by the will. If more than one (1) otherwise effective writing exists, then, to the extent of a conflict among the writings, the provisions of the most recent writing revoke the inconsistent provisions of each earlier writing.

Formerly: Acts 1953, c.112, s.601; Acts 1967, c.77, s.1; Acts 1973, P.L.287, SEC.4. As amended by P.L.152-1987, SEC.10; P.L.118-1997, SEC.12; P.L.238-2005, SEC.8; P.L.6-2010, SEC.6; P.L.36-2011, SEC.3; P.L.149-2012, SEC.6.
Ind. Code § 29-3.5-2-1 — Indiana Code / Title 29 / Article 3.5 / Chapter 2 / Section 29-3.5-2-1
Considerations in determining jurisdiction
Status: in_force

Sec. 1. In determining under section 3 of this chapter and IC 29-3.5-3-1(d) whether a respondent has a significant connection with a particular state, the court shall consider:

(1) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;

(2) the length of time the respondent at any time was physically present in the state and the duration of any absence;

(3) the location of the respondent's property; and

(4) the extent to which the respondent has ties to the state such as registering to vote, filing a state or local tax return, registering a vehicle, possessing a driver's license, having social relationships, and receiving services in the state.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-17-8 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-8
General legacies; interest
Status: in_force

Sec. 8. General legacies shall not bear interest, unless a contrary intent is indicated by the will.

Formerly: Acts 1953, c.112, s.1708.
Ind. Code § 29-2-14-6 — Indiana Code / Title 29 / Article 2 / Chapter 14 / Section 29-2-14-6
Wills, living trusts; deeds; insurance
Status: in_force

Sec. 6. This chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.

Formerly: Acts 1941, c.49, s.6. As amended by Acts 1982, P.L.171, SEC.76.
Ind. Code § 29-1-2-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The amendments made to section 10 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.

(2) The amendments made to section 1 of this chapter by P.L.176-2003 apply only to the estate of an individual who dies after June 30, 2003.

(3) The amendments made to section 1 of this chapter by P.L.238-2005 apply to the estate of a person who dies after June 30, 2004.

(4) The amendments made to section 1 of this chapter by P.L.61-2006 apply to the estate of an individual who dies after June 30, 2005.

As added by P.L.220-2011, SEC.466.
Ind. Code § 29-1-21-2 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-2
Exclusive authority; application of other statutes
Status: in_force

Sec. 2. (a) Except as provided in subsection (b), electronic wills are exclusively governed by this chapter.

(b) If this chapter does not provide an explicit definition, form, rule, or statute concerning the creation, execution, probate, interpretation, storage, or use of an electronic will, the applicable statute from this article shall apply to the electronic will.

As added by P.L.40-2018, SEC.2.
Ind. Code § 29-3.5-1-1 — Indiana Code / Title 29 / Article 3.5 / Chapter 1 / Section 29-3.5-1-1
Citation
Status: in_force

Sec. 1. This article may be cited as the uniform adult guardianship and protective proceedings jurisdiction act.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-7-2 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-2
One proceeding in rem
Status: in_force

Sec. 2. The probate of a will and the administration of the estate shall be considered one (1) proceeding for the purposes of jurisdiction. The entire proceeding and the administration of a decedent's estate is a proceeding in rem. This section applies to proceedings under IC 29-1-13-4, IC 29-1-13-16, and IC 29-1-14-10.

Formerly: Acts 1953, c.112, s.702. As amended by P.L.154-1990, SEC.1.
Ind. Code § 29-3-8.5-5 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-5
Term of appointment
Status: in_force

Sec. 5. (a) If a court appoints a volunteer advocates for seniors and incapacitated adults program, the initial appointment shall be for a period of ninety (90) days.

(b) After the initial ninety (90) day period, the court may, upon petition by the volunteer advocates for seniors and incapacitated adults program or upon the court's own motion, extend the appointment for a period as determined by the court to be necessary to protect the best interests and property of the incapacitated person or senior.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.6; P.L.72-2010, SEC.9; P.L.4-2020, SEC.9.
Ind. Code § 29-3-9-6 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-6
Account of administration; filing with court; notice of hearing on account; order of discharge; limitation of actions against sureties
Status: in_force

Sec. 6. (a) Unless otherwise directed by the court, a guardian (other than a temporary guardian) shall file with the court:

(1) at least biennially, not more than thirty (30) days after the anniversary date of the guardian's appointment; and

(2) not more than thirty (30) days after the termination of the appointment;

a written verified account of the guardian's administration.

(b) A temporary guardian shall file with the court, within thirty (30) days after the termination of the temporary guardian's appointment, and otherwise as ordered by the court, a written verified account of the temporary guardian's administration.

(c) A written verified account required under this section must include the incapacitated person's or minor's current residence and a description of the condition and circumstances of the incapacitated person or minor, including a specific showing of whether guardianship is still necessary and appropriate, and whether any less restrictive alternatives have been considered or implemented.

(d) The court shall conduct a hearing on each verified account filed under this section. The court shall give notice to each person entitled to receive notice that an accounting has been filed and will be acted upon by the court on the date set unless written objections are presented to the court on or before that date. The court shall give the notice required by this subsection, unless waived, to the following:

(1) The protected person, unless waived by the court. If notice to the protected person is waived, the court shall give notice to a person who is not the guardian of the protected person in the following priority:

(A) The protected person's spouse.

(B) An adult child of the protected person.

(C) A parent of the protected person.

(D) A guardian ad litem appointed by the court under subsection (e).

(2) In the case of a protected person who has died, the personal representative of the estate of the protected person, if any.

(3) Any other persons that the court directs.

(e) The court may appoint a guardian ad litem to review on behalf of a protected person an accounting filed under this section if:

(1) the protected person does not have a spouse, an adult child, or a parent; or

(2) the same individual:

(A) served as the protected person's guardian before the death of the protected person; and

(B) is the personal representative of the protected person's estate.

(f) When an account other than an account in final settlement is filed, the court may approve the same ex parte, but the account may be reviewed by the court at any subsequent time and does not become final until an account in final settlement is approved by the court after notice and hearing.

(g) When notice of hearing has been given under this section, the order of the court approving the intermediate account or the final account is binding upon all persons.

(h) When a guardian files with the court proper receipts or other evidence satisfactory to the court showing that the guardian has delivered to the appropriate persons all the property for which the guardian is accountable as guardian, the court shall enter an order of discharge. The order of discharge operates as a release from the duties of the guardian's office that have not yet terminated and operates as a bar to any suit against the guardian and the guardian's sureties, unless the suit is commenced within one (1) year from the date of the discharge.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.76; P.L.99-2013, SEC.8; P.L.68-2019, SEC.3.
Ind. Code § 29-2-16.1-1 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-1
Definitions
Status: in_force

Sec. 1. The following definitions apply throughout this chapter:

(1) "Adult" means an individual at least eighteen (18) years of age.

(2) "Agent" means an individual who is:

(A) authorized to make health care decisions on behalf of another person by a health care power of attorney under IC 30-5-5-16 or a health care representative under IC 16-36-7; or

(B) expressly authorized to make an anatomical gift on behalf of another person by a document signed by the person.

(3) "Anatomical gift" means a donation of all or part of a human body to take effect after the donor's death for the purpose of transplantation, therapy, research, or education.

(4) "Bank" or "storage facility" means a facility licensed, accredited, or approved under the laws of any state for storage of human bodies or parts of human bodies.

(5) "Decedent":

(A) means a deceased individual whose body or body part is or may be the source of an anatomical gift; and

(B) includes:

(i) a stillborn infant; and

(ii) except as restricted by any other law, a fetus.

(6) "Disinterested witness" means an individual other than a spouse, child, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift or another adult who exhibited special care and concern for the individual. This term does not include a person to whom an anatomical gift could pass under section 10 of this chapter.

(7) "Document of gift" means a donor card or other record used to make an anatomical gift, including a statement or symbol on:

(A) a driver's license;

(B) an identification card;

(C) a resident license to hunt, fish, or trap; or

(D) a donor registry.

(8) "Donor" means an individual whose body or body part is the subject of an anatomical gift.

(9) "Donor registry" means:

(A) a data base maintained by:

(i) the bureau of motor vehicles; or

(ii) the equivalent agency in another state;

(B) the Donate Life Indiana Registry maintained by the Indiana Donation Alliance Foundation; or

(C) a donor registry maintained in another state;

that contains records of anatomical gifts and amendments to or revocations of anatomical gifts.

(10) "Driver's license" means a license or permit issued by the bureau of motor vehicles to operate a vehicle.

(11) "Eye bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes.

(12) "Guardian" means an individual appointed by a court to make decisions regarding the support, care, education, health, or welfare of an individual. The term does not include a guardian ad litem.

(13) "Hospital" means a facility licensed as a hospital under the laws of any state or a facility operated as a hospital by the United States, a state, or a subdivision of a state.

(14) "Identification card" means an identification card issued by the bureau of motor vehicles.

(15) "Minor" means an individual under eighteen (18) years of age.

(16) "Organ procurement organization" means a person designated by the Secretary of the United States Department of Health and Human Services as an organ procurement organization.

(17) "Parent" means an individual whose parental rights have not been terminated.

(18) "Part" means an organ, an eye, or tissue of a human being. The term does not mean a whole body.

(19) "Pathologist" means a physician:

(A) certified by the American Board of Pathology; or

(B) holding an unlimited license to practice medicine in Indiana and acting under the direction of a physician certified by the American Board of Pathology.

(20) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, instrumentality, or any other legal or commercial entity.

(21) "Physician" or "surgeon" means an individual authorized to practice medicine or osteopathy under the laws of any state.

(22) "Procurement organization" means an eye bank, organ procurement organization, or tissue bank.

(23) "Prospective donor" means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. The term does not include an individual who has made an appropriate refusal.

(24) "Reasonably available" means:

(A) able to be contacted by a procurement organization without undue effort; and

(B) willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift.

(25) "Recipient" means an individual into whose body a decedent's part has been or is intended to be transplanted.

(26) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(27) "Refusal" means a record created under section 6 of this chapter that expressly states the intent to bar another person from making an anatomical gift of an individual's body or part.

(28) "Sign" means, with the present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(29) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(30) "Technician" means an individual determined to be qualified to remove or process parts by an appropriate organization that is licensed, accredited, or regulated under federal or state law. The term includes an eye enucleator.

(31) "Tissue" means a part of the human body other than an organ or an eye. The term does not include blood or other bodily fluids unless the blood or bodily fluids are donated for the purpose of research or education.

(32) "Tissue bank" means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue.

(33) "Transplant hospital" means a hospital that furnishes organ transplants and other medical and surgical specialty services required for the care of organ transplant patients.

As added by P.L.147-2007, SEC.12. Amended by P.L.198-2016, SEC.659; P.L.11-2020, SEC.2; P.L.50-2021, SEC.68.
Ind. Code § 29-1-16-1 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-1
Personal liability, loss to estate
Status: in_force

Sec. 1. (a) Every personal representative shall be liable for and chargeable in his accounts with all of the estate of the decedent which comes into his possession at any time, including all the income therefrom; but he shall not be accountable for any debts due to the decedent or other assets of the estate which remain uncollected without his fault. He shall not be entitled to any profit by the increase, nor be chargeable with loss by the decrease in value or destruction without his fault, of any part of the estate.

(b) Every personal representative shall be chargeable in his accounts with property not a part of the estate which comes into his hands at any time and shall be liable to the persons entitled thereto, if:

(1) the property was received, under a duty imposed on him by law in the capacity of personal representative; or

(2) he has commingled such property with the assets of the estate.

(c) Every personal representative shall be liable for any loss to the estate arising from his neglect or unreasonable delay in collecting the credits or other assets of the estate or in selling, mortgaging or leasing the property of the estate; for neglect in paying over money or delivering property of the estate he shall have in his hands; for failure to account for or to close the estate within the time provided by this article; for any loss to the estate arising from his embezzlement or commingling of the assets of the estate with other property; for loss to the estate through self-dealing; for any loss to the estate arising from wrongful acts or omissions of his co-representatives which he could have prevented by the exercise of ordinary care; and for any other negligent or wilful act or nonfeasance in his administration of the estate by which loss to the estate arises.

Formerly: Acts 1953, c.112, s.1601. As amended by Acts 1982, P.L.171, SEC.46.
Ind. Code § 29-3.5-5-3 — Indiana Code / Title 29 / Article 3.5 / Chapter 5 / Section 29-3.5-5-3
Application
Status: in_force

Sec. 3. (a) This article applies as follows:

(1) To guardianships and protective orders in existence on July 1, 2011.

(2) To guardianship and protective proceedings begun after June 30, 2011.

(b) In the case of a guardianship or protective proceeding begun in Indiana before July 1, 2011, jurisdiction is established under IC 29-3.

(c) After June 30, 2011, a guardianship appointed or a protective order issued by a court exercising jurisdiction established under subsection (b) may be transferred to another court in accordance with IC 29-3.5-3.

(d) After June 30, 2011, a guardianship or protective proceeding begun in another state before July 1, 2011, may be registered in Indiana in accordance with IC 29-3.5-4.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-14-9 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-9
Classification of claims; preferences
Status: in_force

Sec. 9. (a) All claims shall be classified in one (1) of the following classes. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:

(1) Costs and expenses of administration, except funeral expenses, expenses of a tombstone, and expenses incurred in the disposition of the decedent's body.

(2) Reasonable funeral expenses, expenses of a tombstone, and expenses incurred in the disposition of the decedent's body. However, in any estate in which the decedent was a recipient of public assistance under IC 12-1-1 through IC 12-1-12 (before its repeal) or any of the following, the amount of funeral expenses having priority over any claim for the recovery of public assistance shall not exceed the limitations provided for under IC 12-14-6, IC 12-14-17, and IC 12-14-21:

TANF assistance.

TANF burials.

TANF IMPACT/J.O.B.S.

Temporary Assistance to Other Needy Families (TAONF) assistance.

ARCH.

Blind relief.

Child care.

Child welfare adoption assistance.

Child welfare adoption opportunities.

Child welfare assistance.

Child welfare child care improvement.

Child welfare child abuse.

Child welfare child abuse and neglect prevention.

Child welfare children's victim advocacy program.

Child welfare foster care assistance.

Child welfare independent living.

Child welfare medical assistance to wards.

Child welfare program review action group (PRAG).

Child welfare special needs adoption.

Food Stamp administration.

Health care for indigent (HCI).

ICES.

IMPACT (food stamps).

Title IV-D (ISETS or a successor statewide automated support enforcement system).

Title IV-D child support administration.

Title IV-D child support enforcement (parent locator).

Medicaid assistance.

Medical services for inmates and patients (590).

Room and board assistance (RBA).

Refugee social service.

Refugee resettlement.

Repatriated citizens.

SSI burials and disabled examinations.

Title XIX certification.

(3) Allowances made under IC 29-1-4-1.

(4) All debts and taxes having preference under the laws of the United States.

(5) Reasonable and necessary medical expenses of the last sickness of the decedent, including compensation of persons attending the decedent.

(6) All debts and taxes having preference under the laws of this state; but no personal representative shall be required to pay any taxes on any property of the decedent unless such taxes are due and payable before possession thereof is delivered by the personal representative pursuant to the provisions of IC 29-1.

(7) All other claims allowed.

(b) No preference shall be given in the payment of any claim over any other claim of the same class, nor shall a claim due and payable be entitled to a preference over claims not due.

Formerly: Acts 1953, c.112, s.1409; Acts 1955, c.258, s.5; Acts 1965, c.371, s.1; Acts 1975, P.L.288, SEC.23. As amended by Acts 1976, P.L.125, SEC.6; Acts 1979, P.L.268, SEC.5; P.L.2-1992, SEC.788; P.L.161-2007, SEC.39; P.L.149-2012, SEC.8; P.L.99-2013, SEC.6; P.L.81-2015, SEC.17.
Ind. Code § 29-1-1-13 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-13
Service by publication and mail; personal service
Status: in_force

Sec. 13. Service by publication shall be made by the clerk at the instance of the party who requires such service to be made. Personal service may be made by any competent person unless otherwise directed by the court or the provisions of this article.

Formerly: Acts 1953, c.112, s.113. As amended by Acts 1982, P.L.171, SEC.7; P.L.162-2022, SEC.3.
Ind. Code § 29-3-14-3 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-3
"Supporter"
Status: in_force

Sec. 3. As used in this chapter, "supporter" means a person at least eighteen (18) years of age who has voluntarily agreed to assist an adult in the decision making process as outlined in the adult's supported decision making agreement.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-1-8-12 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-12
Disbanding political committee by personal representative of decedent who was candidate or treasurer of a candidate's committee
Status: in_force

Sec. 12. A personal representative of a decedent who was a treasurer or candidate for office may disband the committee associated with the decedent's office or campaign.

As added by P.L.227-2023, SEC.137.
Ind. Code § 29-3-14-7 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-7
Supported decision making agreements; requirements
Status: in_force

Sec. 7. (a) A supported decision making agreement must:

(1) name at least one (1) supporter;

(2) describe the decision making assistance that each supporter may provide to the adult and how supporters may work together; and

(3) if appropriate, be executed by the adult's guardian.

(b) A supported decision making agreement may:

(1) appoint more than one (1) supporter;

(2) appoint an alternate to act in the place of a supporter under circumstances specified in the agreement; or

(3) authorize a supporter to share information with any other supporter or others named in the agreement.

(c) A supported decision making agreement must be:

(1) in writing;

(2) dated; and

(3) signed by the adult in the presence of a notary.

(d) A supported decision making agreement must contain a separate consent signed by each supporter named in the agreement indicating the supporter's:

(1) relationship to the adult;

(2) willingness to act as a supporter; and

(3) acknowledgment of the duties of a supporter.

(e) An adult who meets the requirements to enter into a supported decision making agreement under section 4 of this chapter may sign a supported decision making agreement in any manner, including electronic signature, permitted under IC 30-5-4-1(b) or IC 30-5-11-4(a).

As added by P.L.68-2019, SEC.4. Amended by P.L.185-2021, SEC.14.
Ind. Code § 29-1-15-13 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-13
Court order; description of property; sequence of parcels; private sale, public auction; terms
Status: in_force

Sec. 13. The order shall describe the property to be sold, mortgaged or leased and may designate the sequence in which the several parcels shall be sold, mortgaged or leased. An order for sale shall direct whether the property shall be sold at private sale or public auction, and, if the latter, the place or places of sale. If real property is to be sold at private sale it shall direct that the same shall not be sold for less than the fair market value, or if at public sale for not less than two-thirds (2/3) of the fair market value; or if real property is to be leased, it shall direct that the same shall not be leased for less than the fair market rental value. An order of sale shall direct whether the sale shall be for cash or for cash and deferred payments, and the terms on which such deferred payments are to be made. If real property is to be mortgaged, it shall fix the maximum amount of principal, the maximum rate of interest, the earliest and latest date of maturity, and shall direct the purpose for which the proceeds Shall be used. An order for sale, mortgage or lease shall remain in force until terminated by the court, but no sale or lease shall be made after one (1) year from the date of the order unless the real property or rental value thereof shall have been reappraised under order of the court within three (3) months preceding the sale or lease.

Formerly: Acts 1953, c.112, s.1513; Acts 1975, P.L.288, SEC.30.
Ind. Code § 29-1-7-15 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-15
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.715. As amended by Acts 1971, P.L.405, SEC.1. Repealed by Acts 1973, P.L.289, SEC.4.