Ind. Code § 29-2-19-17 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-17
Priority among individuals as to right to control disposition of decedent's body and make other arrangements
Status: in_force

Sec. 17. The right to control the disposition of a decedent's body, to make arrangements for funeral services, and to make other ceremonial arrangements after an individual's death devolves on the following, in the priority listed:

(1) A person:

(A) granted the authority to serve in a funeral planning declaration executed by the decedent under this chapter; or

(B) named in a United States Department of Defense form "Record of Emergency Data" (DD Form 93) or a successor form adopted by the United States Department of Defense, if the decedent died while serving in any branch of the United States Armed Forces (as defined in 10 U.S.C. 1481) and completed the form.

(2) An individual specifically granted the authority in a power of attorney or a health care power of attorney executed by the decedent under IC 30-5-5-16 or a health care representative under IC 16-36-7.

(3) The decedent's surviving spouse.

(4) A surviving adult child of the decedent or, if more than one (1) adult child is surviving, the majority of the other adult children. However, less than half of the surviving adult children have the rights under this subdivision if the adult children have used reasonable efforts to notify the other surviving adult children of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving adult children.

(5) The surviving parent or parents of the decedent. If one (1) of the parents is absent, the parent who is present has the rights under this subdivision if the parent who is present has used reasonable efforts to notify the absent parent.

(6) The decedent's surviving sibling or, if more than one (1) sibling is surviving, the majority of the surviving siblings. However, less than half of the surviving siblings have the rights under this subdivision if the siblings have used reasonable efforts to notify the other surviving siblings of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the surviving siblings.

(7) A guardian appointed by a court under IC 29-3-5-3.

(8) An individual in the next degree of kinship under IC 29-1-2-1 to inherit the estate of the decedent or, if more than one (1) individual of the same degree survives, the majority of those who are of the same degree of kinship. However, less than half of the individuals who are of the same degree of kinship have the rights under this subdivision if they have used reasonable efforts to notify the other individuals who are of the same degree of kinship of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the individuals who are of the same degree of kinship.

(9) If none of the persons described in subdivisions (1) through (8) are available, or willing, to act and arrange for the final disposition of the decedent's remains, a stepchild (as defined in IC 6-4.1-1-3(f)) of the decedent. If more than one (1) stepchild survives the decedent, then a majority of the surviving stepchildren. However, less than half of the surviving stepchildren have the rights under this subdivision if they have used reasonable efforts to notify the other stepchildren of their intentions and are not aware of any opposition to the final disposition instructions by more than half of the stepchildren.

(10) The person appointed to administer the decedent's estate under IC 29-1.

(11) If none of the persons described in subdivisions (1) through (10) are available, any other person willing to act and arrange for the final disposition of the decedent's remains, including a funeral home that:

(A) has a valid prepaid funeral plan executed under IC 30-2-13 that makes arrangements for the disposition of the decedent's remains; and

(B) attests in writing that a good faith effort has been made to contact any living individuals described in subdivisions (1) through (10).

As added by P.L.143-2009, SEC.14. Amended by P.L.101-2010, SEC.4; P.L.34-2011, SEC.7; P.L.6-2012, SEC.201; P.L.190-2016, SEC.38; P.L.26-2021, SEC.7; P.L.50-2021, SEC.71; P.L.137-2021, SEC.33.
Ind. Code § 29-1-16-7 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-7
Objections; modification
Status: in_force

Sec. 7. As stated in section 6 of this chapter, any interested person may file written objections to any item or omission in the account. All such objections shall be specific and shall indicate the modification desired.

Formerly: Acts 1953, c.112, s.1607. As amended by P.L.162-2022, SEC.13.
Ind. Code § 29-1-9-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 9 / Section 29-1-9-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.

As added by P.L.220-2011, SEC.475.
Ind. Code § 29-3-6-1 — Indiana Code / Title 29 / Article 3 / Chapter 6 / Section 29-3-6-1
Notice of petition and hearing; persons to whom notice must be given; waiver of notice
Status: in_force

Sec. 1. (a) When a petition for appointment of a guardian or for the issuance of a protective order is filed with the court, notice of the petition and the hearing on the petition shall be given through the E-filing System of the Indiana Courts or by first class postage prepaid mail as follows:

(1) If the petition is for the appointment of a successor guardian, notice shall be given unless the court, for good cause shown, orders that notice is not necessary.

(2) If the petition is for the appointment of a temporary guardian, notice shall be given as required by IC 29-3-3-4.

(3) If the subject of the petition is a minor, notice of the petition and the hearing on the petition shall be given to the following persons whose whereabouts can be determined upon reasonable inquiry:

(A) The minor, if at least fourteen (14) years of age, unless the minor has signed the petition.

(B) Any living parent of the minor, unless parental rights have been terminated by a court order.

(C) Any person alleged to have had the principal care and custody of the minor during the sixty (60) days preceding the filing of the petition.

(D) Any other person that the court directs.

(4) If it is alleged that the person is an incapacitated person, notice of the petition and the hearing on the petition shall be given to the following persons whose whereabouts can be determined upon reasonable inquiry:

(A) The alleged incapacitated person, the alleged incapacitated person's spouse, and the alleged incapacitated person's adult children, or if none, the alleged incapacitated person's parents.

(B) Any person who is serving as a guardian for, or who has the care and custody of, the alleged incapacitated person.

(C) In case no person other than the incapacitated person is notified under clause (A), at least one (1) of the persons most closely related by blood or marriage to the alleged incapacitated person.

(D) Any person known to the petitioner to be serving as the alleged incapacitated person's attorney-in-fact under a durable power of attorney.

(E) Any other person that the court directs.

Notice is not required under this subdivision if the person to be notified waives notice or appears at the hearing on the petition.

(b) Whenever a petition (other than one for the appointment of a guardian or for the issuance of a protective order) is filed with the court, notice of the petition and the hearing on the petition shall be given to the following persons, unless they appear or waive notice:

(1) The guardian.

(2) Any other persons that the court directs, including the following:

(A) Any department, bureau, agency, or political subdivision of the United States or of this state that makes or awards compensation, pension, insurance, or other allowance for the benefit of an alleged incapacitated person.

(B) Any department, bureau, agency, or political subdivision of this state that may be charged with the supervision, control, or custody of an alleged incapacitated person.

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.8; P.L.95-2007, SEC.13; P.L.143-2009, SEC.15; P.L.178-2011, SEC.5; P.L.162-2022, SEC.18.
Ind. Code § 29-3-9-9 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-9
Expenses of proceedings
Status: in_force

Sec. 9. (a) Whenever a guardian is appointed for an incapacitated person or minor, the guardian shall pay all expenses of the proceeding, including reasonable medical, professional, and attorney's fees, out of the property of the protected person.

(b) The expenses of any other proceeding under this article that results in benefit to the protected person or the protected person's property shall be paid from the protected person's property as approved by the court.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.77.
Ind. Code § 29-1-2-6 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-6
Afterborn children; inheritance
Status: in_force

Sec. 6. Descendants of the intestate, begotten before his death but born thereafter, shall inherit as if they had been born in the lifetime of the intestate and had survived him. With this exception, the descent and distribution of intestate estates shall be determined by the relationships existing at the time of the death of the intestate.

Formerly: Acts 1953, c.112, s.206.
Ind. Code § 29-1-7-3 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-3
Produce will in court; contempt; damages
Status: in_force

Sec. 3. (a) After the death of a person, the person having custody of the decedent's will:

(1) may; or

(2) shall, upon written demand by the personal representative or upon court order;

deliver the will to the court which has jurisdiction of the administration of the decedent's estate.

(b) A verified written application may be filed by or on behalf of any interested person or any personal representative named, in any court having jurisdiction of the administration of the decedent's estate for an order of that court against any person who is alleged to have the custody of the will of the said person so dying, to produce said will before said court at the time fixed by said court in order that said will may be probated. Upon the filing of said application, the court shall cause notice to issue of the filing thereof to the person alleged in said petition to have the custody of said will. If, upon the hearing of said application, the court shall find the allegations thereof to be true, the court shall enter an order directing the person so named in said application to deliver said will within the time fixed in said order, to such person as the court shall designate, so that the same may be offered for probate.

(c) If the person against whom said order is issued shall, after said order shall have been served upon him, fail without just cause to so produce said will at the time so fixed therefor, he shall be guilty of contempt of court and may by said court be committed to the jail of the county in which said court is located, there to remain until he produces said will, or until said order to produce shall have been vacated, and said person so found guilty of contempt shall also be liable to any person interested in the probate of said will for all damages he may sustain by the failure of said person to comply with said order.

Formerly: Acts 1953, c.112, s.703. As amended by P.L.165-2002, SEC.5.
Ind. Code § 29-1-17-3 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-3
Abatement of distributee shares
Status: in_force

Sec. 3. (a) Except as provided in subsection (b) hereof, shares of the distributees shall abate, for the payment of claims, legacies, the allowance provided by IC 29-1-4-1, the shares of pretermitted heirs or the share of the surviving spouse who elects to take against the will, without any preference or priority as between real and personal property, in the following order:

(1) Property not disposed of by the will.

(2) Property devised to the residuary devisee.

(3) Property disposed of by the will but not specifically devised and not devised to the residuary devisee.

(4) Property specifically devised.

A general devise charged on any specific property or fund shall, for purposes of abatement be deemed property specifically devised to the extent of the value of the thing on which it is charged. Upon the failure or insufficiency of the thing on which it is charged, it shall be deemed property not specifically devised to the extent of such failure or insufficiency.

(b) If the provisions of the will or the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a) hereof, the shares of distributees shall abate in such other manner as may be found necessary to give effect to the intention of the testator.

Formerly: Acts 1953, c.112, s.1703. As amended by Acts 1981, P.L.260, SEC.2.
Ind. Code § 29-1-10-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.

As added by P.L.220-2011, SEC.476.
Ind. Code § 29-1-12-2 — Indiana Code / Title 29 / Article 1 / Chapter 12 / Section 29-1-12-2
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.1202. As amended by Acts 1973, P.L.287, SEC.6. Repealed by Acts 1975, P.L.289, SEC.3.
Ind. Code § 29-1-7-7.5 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-7.5
Personal representative; reasonable diligence to discover creditors of decedent; affidavit; presumption of reasonable diligence
Status: in_force

Sec. 7.5. (a) A personal representative shall exercise reasonable diligence to discover the reasonably ascertainable creditors of the decedent within one (1) month of the first publication of notice under section 7 of this chapter.

(b) A personal representative is considered to have exercised reasonable diligence under subsection (a) if the personal representative:

(1) conducts a review of the decedent's financial records that are reasonably available to the personal representative; and

(2) makes reasonable inquiries of the persons who are likely to have knowledge of the decedent's debts and are known to the personal representative.

(c) A personal representative may file an affidavit with the clerk of the court stating that the personal representative has complied with the requirements of subsection (b). In addition, a personal representative may petition the court for an order declaring that:

(1) the personal representative has complied with the requirements of subsection (b); and

(2) any creditors not known to the personal representative after complying with the requirements of subsection (b) are not reasonably ascertainable.

(d) If a personal representative complies with the requirements of subsection (b), the personal representative is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and creditors not discovered are presumed not reasonably ascertainable. The presumptions may be rebutted only by clear and convincing evidence.

As added by P.L.154-1990, SEC.3. Amended by P.L.252-2001, SEC.13.
Ind. Code § 29-1-19-11 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-11
Removal of guardian
Status: in_force

Sec. 11. If any guardian shall fail to file with the court any account as required by this article or by an order of the court when any account is due or within thirty (30) days after citation issues as provided by law, or shall fail to furnish the department a true copy of any account, petition, or pleading as required by this article, such failure may in the discretion of the court be ground for removal.

Formerly: Acts 1953, c.112, s.2011. As amended by Acts 1982, P.L.171, SEC.66; P.L.1-1990, SEC.270.
Ind. Code § 29-1-6-2 — Indiana Code / Title 29 / Article 1 / Chapter 6 / Section 29-1-6-2
Contest of wills; admission prevented; forfeiture of benefits
Status: in_force

Sec. 2. (a) Except as provided in subsection (b), a no contest provision is enforceable according to the express terms of the no contest provision.

(b) Subsection (a) does not apply to the following proceedings:

(1) An action brought by a beneficiary if good cause is found by a court.

(2) An action brought by an executor or other fiduciary of a will that incorporates a no contest provision, unless the executor or other fiduciary is a beneficiary against whom the no contest provision is otherwise enforceable.

(3) An agreement, including a nonjudicial settlement agreement, among beneficiaries and any other interested persons to settle or resolve any other matter relating to a will or estate.

(4) An action to determine whether a proposed or pending motion or proceeding constitutes a contest.

(5) An action brought by or on behalf of a beneficiary to seek a ruling regarding the construction or interpretation of a will.

(6) An action or objection brought by a beneficiary, an executor, or other fiduciary that seeks a ruling on proposed distributions, fiduciary fees, or any other matter where a court has discretion.

(7) An action brought by the attorney general that:

(A) seeks a ruling regarding the construction or interpretation of:

(i) a will containing a charitable trust or charitable bequest; or

(ii) a no contest provision contained in a will or trust that purports to penalize a charity or charitable interest; or

(B) institutes any other proceedings relating to:

(i) an estate; or

(ii) a trust;

if good cause is shown to do so.

Formerly: Acts 1953, c.112, s.602. As amended by P.L.136-2018, SEC.215; P.L.163-2018, SEC.4; P.L.215-2018(ss), SEC.13.
Ind. Code § 29-3.5-2-2 — Indiana Code / Title 29 / Article 3.5 / Chapter 2 / Section 29-3.5-2-2
Exclusive basis for determining jurisdiction
Status: in_force

Sec. 2. This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-6-5 — Indiana Code / Title 29 / Article 1 / Chapter 6 / Section 29-1-6-5
Construction of wills; petition
Status: in_force

Sec. 5. The court in which a will is probated shall have jurisdiction to construe it. Such construction may be made on a petition of the personal representative or of any other person interested in the will; or, if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of such issue. When a petition for the construction of a will is filed during administration of the estate, notice of the hearing thereon shall be given to interested persons. If the estate has been closed prior to the filing of such petition, notice shall be given as in civil actions.

Formerly: Acts 1953, c.112, s.605.
Ind. Code § 29-2-12-5 — Indiana Code / Title 29 / Article 2 / Chapter 12 / Section 29-2-12-5
Liens
Status: in_force

Sec. 5. That portion of said federal estate tax apportioned to each person, heir, or beneficiary receiving property as aforesaid, shall constitute a lien upon the property received by said person, heir or beneficiary until the amount thereof has been paid or reimbursed to the personal representative of decedent's estate or the person other than the personal representative who has paid such tax.

Formerly: Acts 1969, c.175, s.5.
Ind. Code § 29-1-5-3.3 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-3.3
Certain wills executed in reliance on supreme court order
Status: in_force

Sec. 3.3. (a) This section applies to a will that is signed and witnessed:

(1) on or after March 31, 2020;

(2) before January 1, 2021; and

(3) in reliance on the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, or, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237, and by the supreme court's orders signed and filed on May 29, 2020, and November 10, 2020, under case number 20S-CB-123.

(b) Notwithstanding any other law or provision, a will described in subsection (a) that was signed and witnessed in compliance with:

(1) the procedures and requirements set forth in the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, or, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237 and by the supreme court's order signed and filed on November 10, 2020, under case number 20S-CB-123; or

(2) the procedures and requirements set forth in section 3.1 of this chapter or IC 29-1-21-4;

is not required to be reexecuted or reratified by the testator or the witnesses in compliance with the witnessing procedures specified under section 3 or 3.1 of this chapter as those chapters existed on June 30, 2020.

(c) A proponent who offers a will for probate may demonstrate prima facie compliance with subsection (b) by relying on the contents of a self-proving clause or by describing compliance in a verified petition under IC 29-1-7-4. A person contesting the validity of a will described in subsection (a) has the burden of proving noncompliance with subsection (b).

As added by P.L.185-2021, SEC.5.
Ind. Code § 29-2-2-5 — Indiana Code / Title 29 / Article 2 / Chapter 2 / Section 29-2-2-5
Rules for protection of trusts; speedy transaction of probate business
Status: in_force

Sec. 5. Such court shall have power to make and enforce all necessary rules for the protection of the several trusts pending therein, and the requiring of delinquent guardians, administrators or other trustees to make reports, give new or additional bonds, or discharge any other duty required of them by law, or the rules of said court, and may vest such commissioner with all necessary power in the premises looking to the protection of such trusts and enforcement of the law and rules of said court in reference thereto, and the proper and speedy transaction of the probate business of such court, as the court, in its discretion, may deem advisable and necessary.

Formerly: Acts 1891, c.137, s.5.
Ind. Code § 29-1-15-18 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-18
Forms for conveyances
Status: in_force

Sec. 18. (a) Whenever a personal representative shall be ordered by the court to execute a conveyance of the real estate of a decedent, a conveyance subscribed by the personal representative shall vest in the grantee all the title in the real estate ordered by the court to be conveyed as completely as if all the proceedings of the court preliminary to such conveyance has been fully recited therein, if such conveyance includes substantially the following:

"A.B., as personal representative of C.D., deceased, by order of the ____________ Court of ________ County, Indiana, dated __________, for good and sufficient consideration, conveys to E.F. the following real estate: (insert description)."

(b) Whenever the personal representative, by the provisions contained in the will, shall be required or authorized, without the intervention of a court, to execute a conveyance of the real estate of a decedent, a conveyance subscribed by the personal representative shall be sufficient to convey all the title in the real estate to the grantee, if such conveyance includes substantially the following:

"A.B., as personal representative of C.D., deceased, by virtue of the decedent's said will, for good and sufficient consideration, conveys to E.F. the following described real estate: (insert description)."

Formerly: Acts 1953, c.112, s.1518; Acts 1975, P.L.288, SEC.33. As amended by Acts 1979, P.L.268, SEC.7; P.L.130-1992, SEC.9.
Ind. Code § 29-1-8-9 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-9
Prepaid funeral expenses; last illness expense
Status: in_force

Sec. 9. This article shall not be construed to prevent the application by any person, association or corporation of all or any portion of any obligation owed to a decedent's estate and designed, intended or created for the purpose of paying the funeral expenses or expenses of the last illness of the deceased from directly applying the proceeds of such obligation for such purpose. The payment of such expenses by the obligor or person holding such funds shall be a complete defense to the extent of such payment to the demand of any person on behalf of such estate or any other claimant.

Formerly: Acts 1953, c.112, s.809. As amended by Acts 1982, P.L.171, SEC.26.
Ind. Code § 29-1-8-4.5 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-4.5
Affidavit of entitlement to property; enforcement action; remedies
Status: in_force

Sec. 4.5. (a) A distributee entitled to payment or delivery of the property belonging to the decedent or someone acting on a distributee's behalf may present to the court having jurisdiction over the decedent's estate an affidavit containing a statement of the conditions required under section 1(b) of this chapter. Upon receipt of the affidavit, the court may, without notice and hearing, enter an order that the distributees identified in the affidavit are entitled to payment or delivery of the property.

(b) A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action 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 refusing to pay or deliver the property belonging to the decedent; or

(2) refused to respond within thirty (30) business days after receiving an affidavit from the person bringing an action under this section, if the affidavit is consistent with section 1 of this chapter.

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

(1) the insurer failed to respond pursuant to IC 27 after receiving an affidavit from the person; and

(2) the affidavit is consistent with section 1 of this chapter.

As added by Acts 1978, P.L.132, SEC.6. Amended by P.L.61-2006, SEC.5; P.L.51-2014, SEC.4.
Ind. Code § 29-3-14-11 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-11
Immunity; exception
Status: in_force

Sec. 11. (a) Except as provided in subsection (c), a person who, in good faith, relies on an authorization in a supported decision making agreement or who, in good faith, declines to honor an authorization in a supported decision making agreement is not subject to civil or criminal liability or to discipline for unprofessional conduct.

(b) Except as provided in subsection (c), a supporter who performs supported decision making in good faith as specified in a supported decision making agreement is immune from civil or criminal liability resulting from the adult's decision.

(c) This section does not apply to a person whose act or omission amounts to fraud, misrepresentation, recklessness, or willful or wanton misconduct.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-3-7-7 — Indiana Code / Title 29 / Article 3 / Chapter 7 / Section 29-3-7-7
Persons prohibited from being appointed or from serving as a guardian
Status: in_force

Sec. 7. A court may not appoint a person to serve as the guardian or permit a person to continue to serve as a guardian if the person:

(1) is a sexually violent predator (as described in IC 35-38-1-7.5);

(2) was at least eighteen (18) years of age at the time of the offense and was convicted of child molesting (IC 35-42-4-3) or sexual misconduct with a minor (IC 35-42-4-9) against a child less than sixteen (16) years of age:

(A) by using or threatening the use of deadly force;

(B) while armed with a deadly weapon; or

(C) that resulted in serious bodily injury; or

(3) was less than eighteen (18) years of age at the time of the offense and was convicted as an adult of an offense described in:

(A) IC 35-42-4-1;

(B) IC 35-42-4-2 (before its repeal);

(C) IC 35-42-4-3 as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 1, Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);

(D) IC 35-42-4-5(a)(1);

(E) IC 35-42-4-5(a)(2);

(F) IC 35-42-4-5(a)(3) (before that provision was redesignated by P.L.158-2013, SECTION 441);

(G) IC 35-42-4-5(b)(1) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014);

(H) IC 35-42-4-5(b)(2); or

(I) IC 35-42-4-5(b)(3) as a Class A or Class B felony (for crimes committed before July 1, 2014) or as a Level 2, Level 3, or Level 4 felony (for crimes committed after June 30, 2014).

As added by P.L.131-2009, SEC.5. Amended by P.L.158-2013, SEC.303; P.L.214-2013, SEC.22; P.L.168-2014, SEC.37; P.L.187-2015, SEC.25; P.L.86-2018, SEC.213; P.L.142-2020, SEC.33.
Ind. Code § 29-1-7-18 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-18
Contest of wills; notice and service requirements
Status: in_force

Sec. 18. (a) When an action is brought to contest the validity of any will as provided in this article, notice is served upon the defendants in the same manner as required by the Indiana Rules of Trial Procedure.

(b) A contesting party shall also serve a copy of the complaint on the counsel of record, if any, for the personal representative. The court may not enter a default judgment for the contesting party unless proof of service on the counsel for the personal representative is made to the court.

Formerly: Acts 1953, c.112, s.718. As amended by Acts 1982, P.L.171, SEC.22; P.L.118-1997, SEC.13; P.L.51-2014, SEC.2.
Ind. Code § 29-3-1-4.1 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-4.1
"Digital asset"
Status: in_force

Sec. 4.1. "Digital asset" has the meaning set forth in IC 32-39-1-10.

As added by P.L.137-2016, SEC.5.
Ind. Code § 29-1-5-4 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-4
Nuncupative will; requisites; limitations
Status: in_force

Sec. 4. (a) A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be

(1) Declared to be his will by the testator before two (2) disinterested witnesses;

(2) Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and

(3) Submitted for probate within six (6) months after the death of the testator.

(b) The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand ($1,000) dollars, except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand ($10,000) dollars.

(c) A nuncupative will does not revoke an existing written will. Such written will is changed only to the extent necessary to give effect to the nuncupative will.

Formerly: Acts 1953, c.112, s.504.
Ind. Code § 29-1-6-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 6 / Section 29-1-6-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.

As added by P.L.220-2011, SEC.469.
Ind. Code § 29-1-19-5 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-5
Petition for appointment
Status: in_force

Sec. 5. (a) A petition for the appointment of a guardian may be filed by any relative or friend of the incapacitated person or minor or by any person who is authorized by law to file such a petition. If there is no person authorized to file or if the person authorized to file refuses or fails to file a petition within thirty (30) days after mailing of notice by the Department to the last known address of the person, if any, indicating the necessity for the filing of a petition, a petition for appointment may be filed by any resident of Indiana.

(b) The petition for appointment shall set forth the name, age, place of residence of the protected person, the name and place of residence of the nearest relative, if known, and the fact that the protected person is entitled to receive benefits payable by or through the Department and shall set forth the amount of money then due and the amount of probable future payments.

(c) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the protected person and the name, age, relationship, if any, occupation, and address of the proposed guardian, and, if the nominee is a natural person, the number of protected persons for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the protected person.

(d) In the case of an incapacitated person the petition shall show that the person has been rated incapacitated by the Department on examination in accordance with the laws and regulations governing the Department.

Formerly: Acts 1953, c.112, s.2005. As amended by P.L.33-1989, SEC.43.
Ind. Code § 29-3.5-1-5 — Indiana Code / Title 29 / Article 3.5 / Chapter 1 / Section 29-3.5-1-5
Requests of out-of-state courts
Status: in_force

Sec. 5. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:

(1) Hold an evidentiary hearing.

(2) Order a person in that state to produce or give evidence pursuant to procedures of that state.

(3) Order that an evaluation or assessment be made of the respondent, or order any appropriate investigation of a person involved in a proceeding.

(4) Forward to the court of this state a certified copy of any of the following:

(A) The transcript or other record of a hearing under subdivision (1) or any other proceeding.

(B) Any evidence otherwise presented under subdivision (2).

(C) Any evaluation or assessment prepared in compliance with the request under subdivision (3).

(5) Issue any other order necessary to assure the appearance of a person necessary to make a determination, including the respondent or the incapacitated or protected person.

(6) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including health information otherwise protected by state or federal law.

(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-16-10 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-10
Noncompliance with orders; attachment; imprisonment
Status: in_force

Sec. 10. Any person who has been ordered to account as herein provided, and who fails to comply with such order, may be attached and imprisoned in order to enforce such compliance therewith.

Formerly: Acts 1953, c.112, s.1610.
Ind. Code § 29-3-9-4.1 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-4.1
Guardian access to protected person's digital assets upon authorization of court
Status: in_force

Sec. 4.1. (a) After notice to interested persons and upon authorization of a court, a guardian may access:

(1) the content of an electronic communication;

(2) a catalogue of electronic communications; or

(3) any other digital asset;

of a protected person as provided in the order of the court. The court's authorization may apply generally or be restricted in scope.

(b) Before approving a guardian's exercise of the power to access an item described in subsection (a)(1) through (a)(3), the court shall consider primarily the decision that the protected person would have made, to the extent that the decision the protected person would have made can be ascertained.

As added by P.L.137-2016, SEC.7.
Ind. Code § 29-3-6-2 — Indiana Code / Title 29 / Article 3 / Chapter 6 / Section 29-3-6-2
Notice; form and contents; copy of petition to be attached
Status: in_force

Sec. 2. A copy of the petition shall be attached to the notice, and the notice must be in substantially the following form:

NOTICE

TO: (name and address of person receiving notice)

On (date of hearing) at (time of hearing) in (place of hearing) at (city), Indiana, the (name and address of court) will hold a hearing to determine whether a guardian should be appointed or a protective order should be issued for (name of alleged incapacitated person or minor). A copy of the petition requesting appointment of a guardian or for the issuance of a protective order is attached to this notice.

At the hearing the court will determine whether (name of alleged incapacitated person or minor) is an incapacitated person or minor under Indiana law. This proceeding may substantially affect the rights of (name of alleged incapacitated person or minor).

If the court finds that (name of alleged incapacitated person or minor) is an incapacitated person or minor, the court at the hearing shall also consider whether (name of proposed guardian, if any) should be appointed as guardian of (name of alleged incapacitated person or minor). The court may, in its discretion, appoint some other qualified person as guardian. The court may also, in its discretion, limit the powers and duties of the guardian to allow (name of alleged incapacitated person or minor) to retain control over certain property and activities. The court may also determine whether a protective order should be entered on behalf of (name of alleged incapacitated person or minor).

(Name of alleged incapacitated person) may attend the hearing and be represented by an attorney. The petition may be heard and determined in the absence of (name of alleged incapacitated person) if the court determines that the presence of (name of alleged incapacitated person) is not required. If (name of alleged incapacitated person) attends the hearing, opposes the petition, and is not represented by an attorney, the court may appoint an attorney to represent (name of alleged incapacitated person). The court may, where required, appoint a guardian ad litem to represent (name of alleged incapacitated person or minor) at the hearing.

The court may, on its own motion or on request of any interested person, postpone the hearing to another date and time.

________________________________

(signature of clerk of the court)

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.9; P.L.77-1992, SEC.6; P.L.6-2010, SEC.11; P.L.162-2022, SEC.19.
Ind. Code § 29-1-1-19 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-19
Notice of hearing; waiver
Status: in_force

Sec. 19. Any person legally competent who is required to be served with notice of any hearing in a probate proceeding may in person or by attorney waive in writing issuance and service of notice of the hearing. A guardian of the estate or a guardian ad litem may make the waiver on behalf of a protected person. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of a person residing in a foreign country, may make a waiver of notice on behalf of the person. Any person who submits to the jurisdiction of the court in any hearing shall be deemed to have waived notice.

Formerly: Acts 1953, c.112, s.119. As amended by P.L.33-1989, SEC.32.
Ind. Code § 29-2-12-1.5 — Indiana Code / Title 29 / Article 2 / Chapter 12 / Section 29-2-12-1.5
"Will" defined
Status: in_force

Sec. 1.5. As used in this chapter, "will" includes a trust or other instrument governing the distribution of assets following an individual's death.

As added by P.L.266-1989, SEC.1.
Ind. Code § 29-1-7-17.5 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-17.5
Contest of two or more wills
Status: in_force

Sec. 17.5. (a) The court, in its discretion and upon application of any party instituting an action under section 16 or 17 of this chapter, may permit the contest of two (2) or more wills if there is prima facie evidence that:

(1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or

(2) a party beneficially interested in one (1) or more challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged on the basis of undue influence.

The prima facie preliminary evidentiary showing under subdivision (1) shall be made by an affidavit of the decedent's treating physician or through the records of a health care provider obtained during discovery and tendered to the court under Rule 803(6) of the Indiana Rules of Evidence.

(b) If the court exercises its discretion to permit the challenge to two (2) or more wills in one (1) proceeding, a challenger is eligible to request attorney's fees under IC 29-1-10-14 if the challenger stands to directly benefit from a successful suit. The court shall review the attorney's fee claims at the conclusion of the will contest. The award and allocation of attorney's fees paid from the estate shall be solely at the discretion of the court.

As added by P.L.231-2019, SEC.9.
Ind. Code § 29-1-7-20 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-20
Contest of wills; burden of proof
Status: in_force

Sec. 20. In a suit:

(1) objecting to the probate of a will under section 16 of this chapter; or

(2) testing the validity of a will after probate under section 17 of this chapter;

the burden of proof is upon the contestor.

Formerly: Acts 1953, c.112, s.720. As amended by Acts 1982, P.L.171, SEC.24; P.L.94-1989, SEC.3; P.L.86-2018, SEC.210.
Ind. Code § 29-3-11-4 — Indiana Code / Title 29 / Article 3 / Chapter 11 / Section 29-3-11-4
Civil immunity of a guardian
Status: in_force

Sec. 4. Except as provided in section 2 of this chapter and except for gross misconduct, a guardian appointed under this article is immune from any civil liability resulting from the guardian's performance.

As added by P.L.41-2004, SEC.4.
Ind. Code § 29-2-16.1-11 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-11
Searches for documents of gift or refusal
Status: in_force

Sec. 11. (a) The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death in a hospital for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:

(1) An organ procurement organization.

(2) A tissue bank.

(3) An eye bank.

(4) If no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.

(b) If a document of gift or a refusal to make an anatomical gift is located by the search required by subsection (a) and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

(c) A person is not subject to civil liability for failing to discharge the duties imposed by this section but may be subject to criminal liability or administrative sanctions.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-1-10-1 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-1
Letters testamentary; letters of general administration; persons to whom granted; order; qualifications
Status: in_force

Sec. 1. (a) Domiciliary letters testamentary or domiciliary letters of general administration may be granted to one (1) or more of the persons mentioned in this subsection, natural or corporate, who are not disqualified, in the following order:

(1) To the executor or executors designated in a will that has been admitted to probate.

(2) To a surviving spouse who is a devisee in a will that has been admitted to probate.

(3) To a devisee in a will that has been admitted to probate.

(4) To the surviving spouse, or to the person or persons nominated by the surviving spouse or to the surviving spouse and the person or persons nominated by the surviving spouse.

(5) To:

(A) an heir;

(B) the person or persons nominated by an heir; or

(C) an heir and the person or persons nominated by an heir.

(6) If there is not a person listed in subdivisions (1) through (5), then to any other qualified person.

(b) Except as provided in subsection (g), no person is qualified to serve as a domiciliary personal representative who is:

(1) under eighteen (18) years of age;

(2) incapacitated unless the incapacity is caused only by:

(A) physical illness;

(B) physical impairment; or

(C) physical infirmity;

(3) a convicted felon, either under the laws of the United States or of any state or territory of the United States;

(4) a resident corporation not authorized to act as a fiduciary in this state; or

(5) a person whom the court finds unsuitable.

(c) A nonresident individual or corporate fiduciary may qualify and serve as a joint personal representative with a resident personal representative only by:

(1) filing with the court that has jurisdiction of the administration of the decedent's estate a bond in an amount:

(A) not less than:

(i) the probable value of the estate's personal property; plus

(ii) the estimated rents and profits to be derived from the property in the estate during the probate period; and

(B) not greater than the probable gross value of the estate; and

(2) otherwise meeting the qualifications of subsection (b).

If the court authorizes the joint personal representative to administer the estate without court supervision under IC 29-1-7.5, the court may exercise its discretion under IC 29-1-7.5-2.5(c) to increase, decrease, or waive the bond that the nonresident joint personal representative would otherwise be required to file under this subsection.

(d) A nonresident individual who otherwise qualifies under subsection (b) may qualify to serve as a personal representative in Indiana only by filing with the court that has jurisdiction of the administration of the decedent's estate:

(1) notice in writing of the individual's acceptance of the appointment as personal representative;

(2) notice of the appointment of a resident agent to accept service of process, notices, and other documents; and

(3) a bond in an amount:

(A) not less than:

(i) the probable value of the estate's personal property; plus

(ii) the estimated rents and profits to be derived from the property in the estate during the probate period; and

(B) not greater than the probable gross value of the estate.

If the court authorizes the nonresident personal representative to administer the estate without court supervision under IC 29-1-7.5, the court may exercise its discretion under IC 29-1-7.5-2.5(c) to increase, decrease, or waive the bond that the nonresident personal representative would otherwise be required to file under subdivision (3).

(e) If a personal representative becomes a nonresident of this state, the representative remains qualified to serve only if the representative files with the court that has jurisdiction of the administration of the estate a bond in an amount:

(1) not less than:

(A) the probable value of the estate's personal property; plus

(B) the estimated rents and profits to be derived from the property in the estate during the probate period; and

(2) not greater than the probable gross value of the estate.

If the court previously authorized the personal representative to administer the estate without court supervision under IC 29-1-7.5, the court may exercise its discretion under IC 29-1-7.5-2.5(c) to increase, decrease, or waive the bond that the nonresident personal representative would otherwise be required to file under this subsection.

(f) A nonresident individual who satisfies the conditions of subsection (d) or (e) submits personally to the jurisdiction of the court in any proceeding that relates to the estate of the decedent.

(g) A court may order that a convicted felon may serve as a domiciliary personal representative upon consideration of the following:

(1) The amount of time that has elapsed since the person was convicted of a felony.

(2) The nature of the felony conviction.

(3) Whether the felony conviction is no longer a felony charge under current law.

(4) Whether the felony conviction has been expunged.

(5) Whether the person's felony conviction was acknowledged in the testator's will or in a consent signed by the distributees.

Formerly: Acts 1953, c.112, s.1001; Acts 1973, P.L.287, SEC.5; Acts 1975, P.L.289, SEC.2. As amended by Acts 1982, P.L.173, SEC.1; P.L.33-1989, SEC.39; P.L.118-1997, SEC.19; P.L.38-2023, SEC.8; P.L.99-2024, SEC.8.
Ind. Code § 29-1-7-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-0.1
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 17 of this chapter by P.L.284-1987 do not apply to wills admitted to probate before April 21, 1987.

(2) The amendments made to sections 18 and 19 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.

(3) The amendments made to sections 7, 7.5, and 17 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.

As added by P.L.220-2011, SEC.470.
Ind. Code § 29-1-14-3 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-3
Future claims; payment; bonds
Status: in_force

Sec. 3. Upon proof of a claim which will become due at some future time, the court shall allow it at the present value thereof, and payment may be made as in the case of an absolute claim which has been allowed: Provided, if the obligation upon which such claim was founded was entered into before January 1, 1954, payment may be made as above, if the creditors agree thereto. If payment is not made as above provided, the court may order the personal representative to retain in his hands sufficient funds to satisfy the claim upon maturity; or if the distributees shall give a bond to be approved by the court for the payment of the creditor's claim in accordance with the terms thereof, the court may order such bond to be given in satisfaction of such claim and the estate may be closed.

Formerly: Acts 1953, c.112, s.1403. As amended by Acts 1982, P.L.171, SEC.36.
Ind. Code § 29-3-1-3.5 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-3.5
"De facto custodian"
Status: in_force

Sec. 3.5. "De facto custodian" has the meaning set forth in IC 31-9-2.1-72.

As added by P.L.194-2017, SEC.6. Amended by P.L.145-2026, SEC.153.
Ind. Code § 29-2-16.1-4 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-4
Methods of making anatomical gifts
Status: in_force

Sec. 4. (a) A donor may make an anatomical gift:

(1) by authorizing a statement or symbol indicating that the donor has made an anatomical gift to be imprinted on:

(A) the donor's driver's license or identification card under IC 9-24-17; or

(B) the donor's resident hunting, fishing, or trapping license under IC 14-22-12-1;

(2) in a will;

(3) during a terminal illness or injury of the donor, by any form of communication directed to at least two (2) adults, at least one (1) of whom is a disinterested witness; or

(4) as provided in subsection (b).

(b) A donor or other person authorized to make an anatomical gift under section 3 of this chapter may make a gift by:

(1) a donor card or other record signed by the donor or other person making the gift; or

(2) authorizing that a statement or symbol indicating that the donor has made an anatomical gift be included on a donor registry.

(c) If the donor or other person is physically unable to sign a record, the record may be signed by another individual at the direction of the donor or other person and must:

(1) be witnessed by at least two (2) adults, at least one (1) of whom is a disinterested witness, who have signed at the request of the donor or the other person; and

(2) state that it has been signed and witnessed as provided in subdivision (1).

(d) Revocation, suspension, expiration, or cancellation of:

(1) a driver's license;

(2) an identification card; or

(3) the donor's resident hunting, fishing, or trapping license;

that indicates an anatomical gift does not invalidate the gift.

(e) An anatomical gift made by will takes effect upon the donor's death whether or not the will is probated. Invalidation of the will after the donor's death does not invalidate the gift.

(f) Neither the state nor any organ recovery health care provider (as defined by IC 34-18-2-14) is civilly liable as a result of an individual making an unrevoked anatomical gift under this chapter.

As added by P.L.147-2007, SEC.12. Amended by P.L.11-2020, SEC.3.
Ind. Code § 29-1-11-6 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-6
Sufficiency; value of assets; evidence of title
Status: in_force

Sec. 6. No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved as required by law, and the approval endorsed thereon in writing. Before giving approval the court, judge, commissioner, or clerk may require evidence as to the value and character of the assets of personal sureties, including an abstract, certificate or other satisfactory evidence of title of every tract of real property which is offered as security. In the event that the bond is not approved, the personal representative shall, within such time as may be directed, secure a bond with satisfactory surety or sureties.

Formerly: Acts 1953, c.112, s.1106.
Ind. Code § 29-2-5-1 — Indiana Code / Title 29 / Article 2 / Chapter 5 / Section 29-2-5-1
Five years absence; presumption of death
Status: in_force

Sec. 1. (a) When any resident of Indiana is absent from the individual's usual place of residence and gone to parts unknown for a period of five (5) years, without having made any sufficient provision for the care and management of the individual's property, real or personal, and the court having probate jurisdiction in the county where the individual last resided or where the property is situated determines that:

(1) the individual's property is suffering waste for want of proper care; or

(2) the family of the individual is in need of the use and proceeds of the property for support or education (or that the sale of the property, or part thereof, is necessary for the payment of the individual's debts);

it shall be presumed and taken by the court that the individual is dead. The court has jurisdiction over the estate of the individual in the same manner and to the same extent as if the individual were dead. The court shall appoint an administrator of the individual's estate, who shall have all of the powers and rights over the estate and be subject to all of the liabilities and duties that appertain to administrators of decedents' estates.

(b) Before the court may determine that an individual should be presumed dead, notice to the individual must be published once each week for three (3) consecutive weeks, with the first notice published more than thirty (30) days before the hearing in a newspaper of general circulation in the county where the individual last resided or where the individual's property is located.

(c) The will of an individual who is presumed dead under this section is admissible to probate under IC 29-1 and shall be probated as the will of a deceased individual.

Formerly: Acts 1859, c.4, s.1; Acts 1861, c.52, s.1; Acts 1911, c.285, s.1. As amended by P.L.263-1989, SEC.2; P.L.4-2003, SEC.6.
Ind. Code § 29-1-19-2 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-2
Party in interest; notice of hearing
Status: in_force

Sec. 2. The Secretary shall be a party in interest in any proceeding:

(1) for the appointment or removal of a guardian;

(2) for the recognition that an individual is no longer a minor or an incapacitated person (as defined in IC 29-3-1-7.5); and

(3) affecting in any manner the administration by the guardian of the estate of any present or former protected person whose estate includes assets derived in whole or in part from benefits paid at any time by the Department.

Not less than fifteen (15) days before the hearing on the matter, notice in writing of the time and place of the hearing shall be given by mail (unless waived in writing) to the office of the Department having jurisdiction over the area in which the suit or proceeding is pending.

Formerly: Acts 1953, c.112, s.2002. As amended by P.L.33-1989, SEC.42.
Ind. Code § 29-2-14-5 — Indiana Code / Title 29 / Article 2 / Chapter 14 / Section 29-2-14-5
Prior death
Status: in_force

Sec. 5. This chapter shall not apply to the distribution of the property of a person who has died before it takes effect.

Formerly: Acts 1941, c.49, s.5. As amended by Acts 1982, P.L.171, SEC.75.
Ind. Code § 29-1-21-18 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-18
"Digital asset"; "electronic communication"; "custodian"; "users"; "transaction"
Status: in_force

Sec. 18. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39:

(1) the electronic record for an electronic will is a "digital asset" as that term is defined in IC 32-39-1-10;

(2) the electronic record for an electronic will is not an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;

(3) the digital or electronic transfer or transmission of the electronic record for an electronic will between any two (2) persons other than the testator and the testator's attorney is an electronic communication as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;

(4) a custodian (as defined in section 3(3) of this chapter) of an electronic will is a "custodian" as defined in IC 32-39-1-8; and

(5) the following individuals are "users" for purposes of IC 32-39 if the testator, attorney, or other authorized person contracts with another person to store the electronic record for the electronic will:

(A) The testator of an electronic will.

(B) The attorney representing the testator.

(C) Any other person with authorized possession of or authorized access to the electronic record for the electronic will.

(b) The execution or revocation of an electronic will is not a contract or a "transaction in or affecting interstate or foreign commerce" for purposes of the federal E-SIGN Act, 15 U.S.C. 7001.

(c) The execution or revocation of an electronic will is not a contract or "transaction" for purposes of IC 26-2-8 and the exclusion stated in IC 26-2-8-103(b)(1) continues in effect with respect to electronic wills and codicils.

As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.13.
Ind. Code § 29-2-1-1 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-1
Definitions
Status: in_force

Sec. 1. The following terms are defined for this chapter:

(1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in IC 29-1.

(2) "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in IC 29-1 and excludes foreign personal representatives who acquire the power of a local personal representative under section 6 of this chapter.

(3) "Resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a non-resident decedent.

(4) "Non-resident decedent" means a decedent not domiciled in Indiana at the decedent's death.

(5) "Foreign personal representative" means a personal representative appointed in a jurisdiction other than Indiana to administer a non-resident decedent's estate.

(6) "Domiciliary foreign personal representative" means a foreign personal representative appointed in the jurisdiction where the decedent was domiciled at the time of the decedent's death.

Formerly: Acts 1881(ss), c.45, s.1; Acts 1975, P.L.288, SEC.39. As amended by P.L.9-2022, SEC.62.
Ind. Code § 29-1-1-8 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-8
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.108. Repealed by Acts 1971, P.L.407, SEC.2.
Ind. Code § 29-3-14-13 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-13
Reporting of abuse or neglect
Status: in_force

Sec. 13. A person who:

(1) receives a copy of a supported decision making agreement; or

(2) is aware of the existence of a supported decision making agreement;

and reasonably believes that an adult is being abused, neglected, or exploited must report the alleged abuse, neglect, or exploitation to adult protective services or another authorized law enforcement agency.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-1-11-4 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-4
Joint representatives; personal representative as surety
Status: in_force

Sec. 4. When two (2) or more persons are appointed personal representatives of the same estate and are required by the provisions of this article to give a bond, the court may require either a separate bond from each or one (1) bond from all of them. No personal representative shall be deemed a surety for another personal representative unless the terms of the bond so provide.

Formerly: Acts 1953, c.112, s.1104. As amended by Acts 1982, P.L.171, SEC.32.
Ind. Code § 29-3-1-2 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-2
"Claim"
Status: in_force

Sec. 2. "Claim" means, with respect to an incapacitated person or a minor, any liability of the incapacitated person or minor, whether arising in contract, tort, or otherwise, and any liability against an incapacitated person's or a minor's property that arises before, at, or after the appointment of a guardian, including expenses of administration.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.56.
Ind. Code § 29-2-1-2 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-2
Indebtedness to non-resident decedent; payments to domiciliary foreign personal representative
Status: in_force

Sec. 2. At any time after the expiration of forty-five (45) days from the death of a non-resident decedent, any person indebted to the estate of the non-resident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the non-resident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the non-resident decedent upon being presented with proof of the representative's appointment and an affidavit made by or on behalf of the representative stating:

(1) the date of the death of the non-resident decedent;

(2) that no local administration, or application or petition therefor, is pending in this state; and

(3) that the domiciliary foreign personal representative is entitled to payment or delivery.

Formerly: Acts 1881(ss), c.45, s.15; Acts 1975, P.L.288, SEC.40. As amended by P.L.137-2021, SEC.9.
Ind. Code § 29-3.5-3-2 — Indiana Code / Title 29 / Article 3.5 / Chapter 3 / Section 29-3.5-3-2
Acceptance of a guardianship transferred to Indiana
Status: reserved

Sec. 2. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 1 of this chapter, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer.

(b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state.

(c) On the court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the court shall hold a hearing on a petition filed under subsection (a).

(d) The court shall issue an order provisionally granting a petition filed under subsection (a) unless:

(1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or

(2) the guardian or conservator is ineligible for appointment in this state.

(e) The court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in this state upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 1 of this chapter transferring the proceeding to this state.

(f) Not later than ninety (90) days after issuance of a final order accepting transfer of a guardianship or conservatorship, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to the law of this state.

(g) In granting a petition under this section, the court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator.

(h) The denial by a court of this state of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian in this state under IC 29-3 if the court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-3-8.5-7 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-7
Attorney appointment
Status: in_force

Sec. 7. The court may appoint an attorney to represent a volunteer advocate for seniors and incapacitated adults.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.8; P.L.4-2020, SEC.11.
Ind. Code § 29-1-15-7 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-7
Collateral attack; irregularity in proceedings
Status: in_force

Sec. 7. No proceedings for sale, mortgage, lease, exchange or conveyance by a personal representative of property belonging to the estate shall be subject to collateral attack on account of any irregularity in the proceedings if the court which ordered the same had jurisdiction of the estate.

Formerly: Acts 1953, c.112, s.1507.
Ind. Code § 29-3-8-8 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-8
Limitations on guardian powers; petition for confidential health disclosure order
Status: in_force

Sec. 8. (a) The court, at the time of appointment or later, on its own motion or on petition of the protected person or other person approved by the court, may:

(1) confer upon the guardian any additional responsibilities and powers;

(2) increase or decrease the bond of the guardian to satisfy the requirements of IC 29-3-7-1; or

(3) limit the responsibilities and powers of the guardian otherwise conferred by this article and create a limited guardianship.

(b) However, all limitations must be endorsed on the guardian's letters. Following the same procedure, a limitation may be removed or modified and appropriate revised letters issued.

(c) If a protected person files a petition to limit or modify a guardianship under this section and the protected person is unable to obtain medical records from a health care provider, the:

(1) protected person;

(2) attorney of record for the protected person;

(3) court appointed guardian ad litem for the protected person; or

(4) volunteer advocates for seniors or incapacitated adults program appointed under IC 29-3-8.5;

may file a petition under IC 29-3-4-1.5 to request a confidential health disclosure order and shall provide notice of the petition to any court appointed guardian ad litem of the protected person under IC 29-3-4-1.5(f)(3). A petition filed under this subsection that contains an allegation that the protected person has made a direct request for and has been denied access to the medical records has satisfied the requirement of IC 29-3-4-1.5(b)(4)(E).

As added by P.L.169-1988, SEC.1. Amended by P.L.38-2023, SEC.13.
Ind. Code § 29-1-10-5 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-5
Actions or proceedings; evidence of authority
Status: in_force

Sec. 5. In any action or proceeding brought by the personal representative in such representative capacity, it shall not be necessary for him to make profert of his letters, nor shall his right to sue as such personal representative be questioned, unless the opposite party shall file a plea denying such right, with his affidavit to the truth thereof thereunto attached, in which case a copy of the letters issued to such personal representative, duly authenticated, shall be all the evidence necessary to establish such right.

Formerly: Acts 1953, c.112, s.1005.
Ind. Code § 29-3-9-12 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-12
Guardianship of property of minor or incapacitated adult; compliance with demand or instruction; enforcement proceedings; awards
Status: in_force

Sec. 12. (a) This section applies only to a guardianship of the property of a minor or an incapacitated adult.

(b) If a third party fails to comply with a guardian's written demand or instruction that:

(1) was issued within the scope of the guardian's authority; and

(2) is consistent with this article;

the guardian may bring an enforcement proceeding to compel compliance in the court having jurisdiction over the guardianship.

(c) A court may award attorney's fees and costs to the guardian in an enforcement proceeding under subsection (b), if the person indebted to the guardianship estate or holding property of the guardianship estate:

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

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

(d) 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 under IC 27 after receiving a written demand or instruction from the personal guardian; and

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

As added by P.L.51-2014, SEC.7. Amended by P.L.83-2014, SEC.5.
Ind. Code § 29-2-19-1 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-1
"Declarant"
Status: in_force

Sec. 1. As used in this chapter, "declarant" means an individual who signs a funeral planning declaration executed under this chapter.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-2-2-3 — Indiana Code / Title 29 / Article 2 / Chapter 2 / Section 29-2-2-3
Oaths; acknowledgments; removal from office
Status: in_force

Sec. 3. Said commissioner shall have power to administer oaths, take acknowledgments and do all other acts legally pertaining to said office and necessary to carry into effect the rules or orders of said court, and he may, at any time, be removed by the court for failure to properly discharge the duties of his trust.

Formerly: Acts 1891, c.137, s.3.
Ind. Code § 29-2-5-3 — Indiana Code / Title 29 / Article 2 / Chapter 5 / Section 29-2-5-3
Repealed
Status: repealed

Formerly: Acts 1859, c.4, s.3. Repealed by Acts 1975, P.L.289, SEC.3.
Ind. Code § 29-3-7-3 — Indiana Code / Title 29 / Article 3 / Chapter 7 / Section 29-3-7-3
Letters of guardianship
Status: in_force

Sec. 3. (a) Letters of guardianship, temporary or otherwise, shall be issued to the person entitled to receive them when:

(1) the guardian, if an individual, has filed bond if required and taken and subscribed before the clerk or any other officer authorized to administer oaths, an oath or affirmation that the guardian will faithfully discharge the duties of the guardian's trust according to law; or

(2) the guardian, if other than an individual, has filed bond if required and has:

(A) taken and subscribed before the clerk or any other officer authorized to administer oaths an oath or affirmation that it will faithfully discharge the duties of its trust according to law; and

(B) filed an acceptance of the appointment, duly executed and acknowledged by one (1) of its officers.

(b) The oath, and if other than an individual also the acceptance, shall be filed and recorded as a part of the proceedings of the guardianship.

(c) If the court limits or restricts the authority of the guardian or creates a limited guardianship, the letters must so state under IC 29-3-8.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-7.5-2.5 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-2.5
Personal representative's bond
Status: in_force

Sec. 2.5. (a) A personal representative is not required to execute and file a bond relating to the duties of the personal representative's office under this chapter unless:

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

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

(b) If a bond is required under subsection (a):

(1) the amount of the bond shall be determined by the court; and

(2) the bond shall be administered;

under IC 29-1-11.

(c) If a personal representative is not an Indiana resident or ceases to be an Indiana resident, the personal representative at the discretion of the court shall execute and file a bond under IC 29-1-10-1. The amount of the bond may be increased, decreased, or reduced to zero (0) at the court's discretion.

As added by P.L.130-1992, SEC.2. Amended by P.L.38-2023, SEC.7; P.L.9-2024, SEC.493.
Ind. Code § 29-1-8-5 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-5
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.805. Repealed by Acts 1975, P.L.288, SEC.51.
Ind. Code § 29-1-1-11 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-11
Notice to interested persons
Status: in_force

Sec. 11. No notice to interested persons need be given except as specifically provided for in this article or as ordered by the court. When no notice is required by this article, the court may require such notice as it deems desirable by a general rule or by an order in a particular case. Notice is required as follows:

(1) Notice as prescribed by this chapter must be given to every interested person or to one who can bind an interested person as described in section 20(a)(1) through 20(a)(3) of this chapter or IC 29-3-2-4. Notice may be given both to a person and to another who may bind him.

(2) Notice is given to unborn or unascertained persons, who are not represented as described in section 20(a)(1) through 20(a)(3) of this chapter or IC 29-3-2-4, by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons.

Formerly: Acts 1953, c.112, s.111. As amended by Acts 1982, P.L.171, SEC.5; P.L.118-1997, SEC.7.
Ind. Code § 29-1-2-14 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-14
Adultery; forfeiture of rights to estate or trust
Status: in_force

Sec. 14. If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife.

Formerly: Acts 1953, c.112, s.214. As amended by P.L.238-2005, SEC.5.
Ind. Code § 29-1-21-11 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-11
Delivery of electronic will; recipients; methods of delivery
Status: in_force

Sec. 11. (a) After a testator's death becomes known to a custodian or other person authorized to act on behalf of the testator, custody of the electronic record associated with the testator's will or a complete converted copy of the testator's electronic will shall be delivered to one (1) of the following individuals, in decreasing order of priority, unless the testator has left other written instructions concerning the disposition of the testator's electronic will:

(1) A person nominated in the electronic will as a personal representative of the testator's estate and having priority to seek appointment.

(2) A surviving spouse of the testator.

(3) A living adult child of the testator.

(4) A living parent of the testator.

(5) A living adult sibling of the testator.

(6) A beneficiary named or defined in the electronic will and entitled to share in the testator's residuary probate estate.

(7) The clerk of the probate court having jurisdiction over the testator's estate if the custodian or other person authorized to act on behalf of the testator has knowledge of:

(A) the testator's domicile; or

(B) the location of the testator's property at the time of the testator's death.

The custodian or other person may use any means of delivery, including electronic means, that is commercially reasonable.

(b) After the death of a testator, subsection (a) and IC 29-1-7-3(b) and IC 29-1-7-3(c) shall apply to electronic wills and permit the personal representative named in an electronic will or any other interested person to file a verified written application requesting a probate court with subject matter jurisdiction to order the delivery of the electronic will to the clerk of the probate court.

(c) If a custodian or other person has possession of both the electronic record for a deceased testator's electronic will and a complete converted copy of the electronic will:

(1) the custodian or other person shall deliver only the complete converted copy of the electronic will if delivery is made to the clerk of the probate court under subsection (a)(7); and

(2) the custodian or other person shall deliver both the electronic record and the complete converted copy of the electronic will if delivery is made to a person named in the testator's written instructions or to any other person listed in subsection (a).

(d) If the custodian or other person delivers the electronic will to the clerk of the probate court under subsection (a)(7) or subsection (b), the custodian or other person shall deliver only a complete converted copy of the electronic will to the clerk, unless the court rules or other applicable laws specifically require otherwise.

As added by P.L.40-2018, SEC.2.
Ind. Code § 29-3-10-1 — Indiana Code / Title 29 / Article 3 / Chapter 10 / Section 29-3-10-1
Payment of debts incurred on behalf of protected person; payment of claims; actions against guardian; filing of claims
Status: in_force

Sec. 1. (a) Without prior order of the court, a guardian shall pay from the guardianship property all indebtedness that the guardian has reasonably incurred in good faith on behalf of the protected person.

(b) Upon order of the court, a guardian shall pay from the protected person's property for which the guardian is responsible any claim against the protected person or the protected person's property, that the court determines has merit.

(c) Claims based on:

(1) contracts entered into by a guardian in the guardian's official capacity;

(2) obligations arising from ownership or control of the property for which the guardian is responsible; or

(3) acts or omissions in the course of administration of the guardianship;

may be asserted against the guardianship by proceeding against the guardian in the guardian's official capacity, whether or not the guardian is personally liable.

(d) Any person having a claim against the protected person or the protected person's property or against the guardian as such may file the claim with the court at any time before the claim is barred by the statute of limitations and, upon proof of the claim, procure an order for its allowance and payment from the guardianship property. However, if a claim is filed within sixty (60) days before the date that a protected person attains the age of majority or regains capacity:

(1) the claim shall be stayed until the sixty (60) day period has elapsed;

(2) the protected person shall be substituted as a party; and

(3) the guardian shall prepare and file the guardian's account without regard to the claim.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-7.5-2 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-2
Conditions to grant of petition; collateral attack; revocation
Status: in_force

Sec. 2. (a) The court may grant a petition for administration without court supervision if:

(1) all the persons referred to in either section 1(a)(1) or 1(a)(2) of this chapter have joined in the petition;

(2) the estate is solvent;

(3) the personal representative is qualified to administer the estate without court supervision;

(4) the heirs, or legatees and devisees, or the parent (as defined in IC 29-3-1-11), or if none, the guardian (as defined in IC 29-3-1-6) of an heir, legatee, or devisee, as the case may be, freely consent to and understand the significance of administration without court supervision; and

(5) the will does not request supervised administration.

(b) As an alternative to the requirements of subsection (a), the court may also grant a petition for administration without court supervision if:

(1) the decedent in the will authorized the administration of the estate to be unsupervised;

(2) the estate is solvent; and

(3) the personal representative is qualified to administer the estate without court supervision.

(c) Once a petition for administration without court supervision has been granted under subsection (a) or (b), a personal representative's authority, under such order, shall not be subject to any requirement of court approval or confirmation or be open to collateral attack on account of any defect or irregularity in the proceedings resulting in issuance of the order of no supervision, if the court issuing the order had jurisdiction of the estate.

(d) The court may, on its own motion or the motion of an interested person, revoke an order of unsupervised administration and require an administration on terms and conditions which the court specifies if the court finds that such a revocation is in the best interests of the estate, creditors, taxing authorities, heirs, legatees, or devisees.

Formerly: Acts 1975, P.L.288, SEC.11. As amended by Acts 1977, P.L.297, SEC.1; Acts 1978, P.L.132, SEC.3; Acts 1982, P.L.172, SEC.1; P.L.169-1988, SEC.3; P.L.264-1989, SEC.1; P.L.182-1999, SEC.3.
Ind. Code § 29-3-8.5-12 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-12
Programs of nonprofit corporations
Status: in_force

Sec. 12. (a) A volunteer advocates for seniors and incapacitated adults program that is a program of an Indiana nonprofit corporation must establish policies and procedures to avoid a conflict of interest if the nonprofit corporation is also a provider of other necessary services to the incapacitated individual.

(b) A volunteer advocates for seniors and incapacitated adults program to which subsection (a) applies shall advise the court of the policies and procedures established to avoid a conflict of interest in the petition to the court for guardianship of the incapacitated individual.

As added by P.L.72-2010, SEC.15. Amended by P.L.4-2020, SEC.17.
Ind. Code § 29-1-10-10 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-10
Joint representatives; powers
Status: in_force

Sec. 10. Where there are two (2) or more personal representatives, the following powers can be exercised, except as otherwise provided in section 11 of this chapter, only by all of them:

(a) the institution of a suit on behalf of the estate;

(b) the employment of an attorney;

(c) the carrying on the business of the deceased;

(d) the voting of corporate shares of the estate;

(e) the exercise of those powers given by the will which, by the terms of the will, are to be exercised only by all of the personal representatives, or by all the survivors of them.

All other powers can be exercised by any one of the personal representatives, unless the will otherwise provides.

Formerly: Acts 1953, c.112, s.1010. As amended by Acts 1982, P.L.171, SEC.29.
Ind. Code § 29-1-16-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-0.1
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 6 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 6 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.

As added by P.L.220-2011, SEC.478.
Ind. Code § 29-1-13-15 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-15
Deposit of funds
Status: in_force

Sec. 15. Whenever it is consistent with a proper administration of the estate, the personal representative may deposit, as a fiduciary, the funds of the estate in a bank in this state as a general deposit, either in a checking account or in a savings account. If the personal representative is a bank or trust company, it may make such deposit in its own bank.

Formerly: Acts 1953, c.112, s.1315.
Ind. Code § 29-3-3-3.5 — Indiana Code / Title 29 / Article 3 / Chapter 3 / Section 29-3-3-3.5
Custodians of individual retirement accounts
Status: in_force

Sec. 3.5. (a) Except as otherwise determined in a dissolution of marriage proceeding, a custody proceeding, or another proceeding authorized by law, including a proceeding under section 6 of this chapter or another proceeding under this article, and unless a minor is married:

(1) the parents of the minor jointly or one (1) parent of the minor individually, if both parents are not incapacitated persons;

(2) one (1) parent, if one (1) of the parents is an incapacitated person; or

(3) the survivor, if one (1) parent is deceased and if the survivor is not an incapacitated person;

have the right, without the appointment of a guardian, giving of bond, or order or confirmation of court, to act as custodians of an individual retirement account established for the minor under 26 U.S.C. 408.

(b) IC 30-2-8.5-27(b), IC 30-2-8.5-27(e), and IC 30-2-8.5-28 apply to this section.

As added by P.L.264-1995, SEC.1.
Ind. Code § 29-1-15-1 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-1
Priorities; wills; orders of court
Status: in_force

Sec. 1. In determining what property of the estate shall be sold, mortgaged, leased or exchanged for any purpose provided in section 3 of this chapter, there shall be no priority as between real and personal property, except as provided by the will, if any, or by order of the court or by the provisions of IC 29-1-17-3.

Formerly: Acts 1953, c.112, s.1501. As amended by Acts 1982, P.L.171, SEC.41.
Ind. Code § 29-1-15-22 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-22
Platting real property
Status: in_force

Sec. 22. When it is for the best interests of the estate in order to dispose of real property, the court upon application by the personal representative or any other interested person, may authorize the personal representative, either alone or together with other owners, to plat any land belonging to the estate in accordance with the statutes in regard to platting.

Formerly: Acts 1953, c.112, s.1522.
Ind. Code § 29-3-1-5 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-5
"Durable power of attorney"
Status: in_force

Sec. 5. "Durable power of attorney" means a power of attorney that:

(1) is executed by an incapacitated person before that person became an incapacitated person;

(2) provides that the power survives the person's incompetence; and

(3) is executed in accordance with the law in effect in the jurisdiction in which it was executed on the date it was executed.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.57.
Ind. Code § 29-1-21-12 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-12
"Destroy"; destruction of electronic will
Status: in_force

Sec. 12. (a) As used in this section, "destroy" means any act that:

(1) permanently deletes the electronic record associated with an electronic will; or

(2) renders the electronic record associated with an electronic will unreadable and nonretrievable.

(b) Any custodian or attorney holding an electronic will may destroy the electronic record associated with the electronic will and any accompanying document integrity evidence (as applicable) at any time following the:

(1) fifth anniversary of a testator's will being admitted to probate;

(2) fifth anniversary of the date that the custodian ceases to have custody of the electronic will;

(3) tenth anniversary of the testator's death;

(4) one hundredth anniversary of an electronic will's execution; or

(5) valid revocation of an electronic will.

(c) This section does not require a custodian, attorney, or other person to destroy a complete converted copy of an electronic will.

As added by P.L.40-2018, SEC.2.
Ind. Code § 29-3-5-1 — Indiana Code / Title 29 / Article 3 / Chapter 5 / Section 29-3-5-1
Petitions for appointment of a guardian or to have a protective order issued; requirements; notice and hearing; conduct of hearing; participation by department of child services
Status: in_force

Sec. 1. (a) Any person may file a petition for the appointment of a person to serve as guardian for an incapacitated person or minor under this chapter or to have a protective order issued under IC 29-3-4. The petition must state the following:

(1) The name, age, residence, and post office address of the alleged incapacitated person or minor for whom the guardian is sought to be appointed or the protective order issued.

(2) The nature of the incapacity.

(3) The approximate value and description of the property of the incapacitated person or minor, including any compensation, pension, insurance, or allowance to which the incapacitated person or minor may be entitled.

(4) If a limited guardianship is sought, the particular limitations requested.

(5) Whether a protective order has been issued or a guardian has been appointed or is acting for the incapacitated person or minor in any state.

(6) The residence and post office address of the proposed guardian or person to carry out the protective order and the relationship to the alleged incapacitated person of:

(A) the proposed guardian; or

(B) the person proposed to carry out the protective order.

(7) The names and addresses, as far as known or as can reasonably be ascertained, of the persons most closely related by blood or marriage to the person for whom the guardian is sought to be appointed or the protective order is issued.

(8) The name and address of the person or institution having the care and custody of the person for whom the guardian is sought to be appointed or the protective order is issued.

(9) The names and addresses of any other incapacitated persons or minors for whom the proposed guardian or person to carry out the protective order is acting if the proposed guardian or person is an individual.

(10) The reasons the appointment of a guardian or issuance of a protective order is sought and the interest of the petitioner in the appointment or issuance.

(11) A description of the petitioner's efforts to use less restrictive alternatives before seeking guardianship, including:

(A) the less restrictive alternatives for meeting the alleged incapacitated person's needs that were considered or implemented;

(B) if a less restrictive alternative was not considered or implemented, the reason that the less restrictive alternative was not considered or implemented; and

(C) the reason a less restrictive alternative is insufficient to meet the needs of the alleged incapacitated person.

(12) The name and business address of the attorney who is to represent the guardian or person to carry out the protective order.

(13) Whether a child in need of services petition or a program of informal adjustment has been filed regarding the minor for whom a guardianship is being sought, and, if so, whether the case regarding the minor is open at the time the guardianship petition is filed.

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

(c) After the filing of a petition, the court shall set a date for a hearing on the issues raised by the petition. Unless an alleged incapacitated person is already represented by counsel, the court may appoint an attorney to represent the incapacitated person.

(d) A person alleged to be an incapacitated person must be present at the hearing on the issues raised by the petition and any response to the petition unless the court determines by evidence that:

(1) it is impossible or impractical for the alleged incapacitated person to be present due to the alleged incapacitated person's disappearance, absence from the state, or similar circumstance;

(2) it is not in the alleged incapacitated person's best interest to be present because of a threat to the health or safety of the alleged incapacitated person as determined by the court;

(3) the incapacitated person has knowingly and voluntarily consented to the appointment of a guardian or the issuance of a protective order and at the time of such consent the incapacitated person was not incapacitated as a result of a mental condition that would prevent that person from knowingly and voluntarily consenting; or

(4) the incapacitated person has knowingly and voluntarily waived notice of the hearing and at the time of such waiver the incapacitated person was not incapacitated as a result of a mental condition that would prevent that person from making a knowing and voluntary waiver of notice.

(e) A person alleged to be an incapacitated person may present evidence and cross-examine witnesses at the hearing. The issues raised by the petition and any response to the petition shall be determined by a jury if a jury is requested no later than seventy-two (72) hours prior to the original date and time set for the hearing on the petition. However, in no event may a request for a jury trial be made after thirty (30) days have passed following the service of notice of a petition.

(f) Any person may apply for permission to participate in the proceeding, and the court may grant the request with or without hearing upon determining that the best interest of the alleged incapacitated person or minor will be served by permitting the applicant's participation. The court may attach appropriate conditions to the permission to participate.

(g) A court shall notify the department of child services of a hearing regarding the guardianship of a minor under this section if a:

(1) child in need of services petition has been filed regarding the minor; or

(2) program of informal adjustment involving the minor is pending.

The department of child services may participate in a hearing regarding the guardianship of a minor described in this subsection.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.68; P.L.6-2010, SEC.10; P.L.162-2011, SEC.2; P.L.68-2019, SEC.2.
Ind. Code § 29-1-3-3 — Indiana Code / Title 29 / Article 1 / Chapter 3 / Section 29-1-3-3
Forms; recording; service
Status: in_force

Sec. 3. (a) The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian of the estate and shall be filed in the office of the clerk of the court. It may be in the following form:

I, A.B., surviving wife (or husband) of C.D., late of the county of ____________ and state of _______, do hereby elect to take my legal share in the estate of the said C.D. and I do hereby renounce provisions in the will of the said C.D. inconsistent herewith.

Signed,

(Signature)

(Acknowledgment)

(b) Said election shall be recorded by such clerk in the record of wills, marginal reference being made from such record to the book and page in which such will is recorded, and from the record of such will to the book and page where such election is recorded.

(c) The clerk shall cause a copy of said election to be served upon the personal representative and the personal representative's attorney of record through the E-filing System of the Indiana Courts or by first class postage prepaid mail addressed to such persons at their respective addresses as shown by the petition for probate of will and appointment of personal representative.

Formerly: Acts 1953, c.112, s.303; Acts 1969, c.67, s.1; Acts 1975, P.L.288, SEC.2. As amended by P.L.162-2022, SEC.6.
Ind. Code § 29-1-19-15 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-15
Real estate acquisition
Status: in_force

Sec. 15. (a) The court may authorize the purchase of the entire fee simple title to real estate in Indiana in which the guardian has no interest, but only as a home for the ward, or to protect the ward's interest, or (if the ward is not a minor) as a home for the ward's dependent family.

(b) Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the department and notice of hearing on the petition shall be given the office as provided in the case of hearing on a guardian's account.

(c) Before authorizing such investment the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name.

(d) This section does not limit the right of the guardian:

(1) on behalf of the ward to bid and to become the purchaser of real estate at a sale of the real estate pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; or

(2) if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with co-tenants of the ward for a partition in kind, or to purchase from co-tenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.

Formerly: Acts 1953, c.112, s.2015. As amended by P.L.1-1990, SEC.272.
Ind. Code § 29-1-4-1 — Indiana Code / Title 29 / Article 1 / Chapter 4 / Section 29-1-4-1
Surviving spouse and family allowances
Status: in_force

Sec. 1. (a) The surviving spouse of a decedent who was domiciled in Indiana at the decedent's death is entitled from the estate to an allowance of twenty-five thousand dollars ($25,000). If there is no surviving spouse, the decedent's children who are under eighteen (18) years of age at the time of the decedent's death are entitled to the same allowance to be divided equally among them.

(b) The allowance under subsection (a) may be claimed against:

(1) the personal property of the decedent's estate;

(2) the real property that is part of the decedent's estate; or

(3) a combination of personal property under subdivision (1) and real property under subdivision (2).

(c) Not later than ninety (90) days after the order commencing the estate administration, an individual entitled to the allowance may file with the court an election specifying whether the allowance is being claimed under subsection (b) against the personal property of the estate or the real property that is part of the estate, or a combination of both. An interested party may file an objection to the manner in which the allowance is being claimed not later than thirty (30) days after the date the election is filed with the court. The court shall rule on the objection after notice and a hearing. If an election is not filed within ninety (90) days after the order commencing the estate administration, the allowance must be satisfied according to the following order of preference:

(1) From the intangible personal property of the estate.

(2) From the tangible personal property of the estate.

(3) From the real property that is part of the estate.

(d) If the personal property of the estate is less than twenty-five thousand dollars ($25,000) in value, the spouse or decedent's children who are under eighteen (18) years of age at the time of the decedent's death, as the case may be, are entitled to any real estate of the estate to the extent necessary to make up the difference between the value of the personal property and twenty-five thousand dollars ($25,000). The amount of that difference is a lien on the real estate. However, no real estate may be sold to satisfy the survivor's allowance unless the sale is approved:

(1) in an agreement signed by all interested persons; or

(2) by court order following notice to all interested persons.

(e) An allowance under this section is not chargeable against the distributive shares of either the surviving spouse or the children.

(f) For purposes of this section, the value of the real property that is part of a decedent's estate must be determined as of the date of the decedent's death.

Formerly: Acts 1953, c.112, s.401; Acts 1973, P.L.287, SEC.2; Acts 1975, P.L.288, SEC.3. As amended by Acts 1978, P.L.132, SEC.1; P.L.118-1997, SEC.11; P.L.42-1998, SEC.1; P.L.252-2001, SEC.11; P.L.143-2009, SEC.9.
Ind. Code § 29-1-14-6 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-6
Secured claims, allowance, and payment
Status: in_force

Sec. 6. The allowance and payment of secured claims shall be made in accordance with the "Uniform Act Governing Secured Creditors Dividends in Liquidation Proceedings," IC 30-2-7.

Formerly: Acts 1953, c.112, s.1406. As amended by Acts 1982, P.L.171, SEC.39.
Ind. Code § 29-2-19-4 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-4
"Disposition"
Status: in_force

Sec. 4. As used in this chapter, "disposition" has the meaning set forth in IC 25-15-2-7.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-3-1-11 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-11
"Parent"
Status: in_force

Sec. 11. "Parent" means a biological or adoptive parent. The term does not include a stepparent, foster parent, or grandparent.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-2-19-10 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-10
Conflict resolution
Status: in_force

Sec. 10. The provisions of a declarant's most recent declaration prevail over any other document executed by the declarant concerning any preferences described in section 9 of this chapter. However, this section may not be construed to invalidate a power of attorney executed under IC 30-5-5 or an appointment of a health care representative under IC 16-36-1 or IC 16-36-7 with respect to any power or duty belonging to the attorney in fact or health care representative that is not related to a preference described in section 9 of this chapter.

As added by P.L.143-2009, SEC.14. Amended by P.L.50-2021, SEC.70.
Ind. Code § 29-1-2-12 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-12
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.212. As amended by Acts 1978, P.L.2, SEC.2901. Repealed by P.L.147-1984, SEC.2.
Ind. Code § 29-3-9-10 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-10
Attorney of record for guardian
Status: in_force

Sec. 10. The attorney of record for a guardian continues as such until the termination of the guardianship or the attorney's withdrawal, whichever occurs first, as approved by the court.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-2-5-5 — Indiana Code / Title 29 / Article 2 / Chapter 5 / Section 29-2-5-5
Distribution of estates; bond; trustee
Status: in_force

Sec. 5. (a) The property of such departed person, real and personal, and all his rights, obligations and choses in action, shall be subject to the same liabilities, incidents, rights, management and disposal under this chapter, in all respects, as if such person were known to be deceased; and all adjudications and acts done by such administrator or guardian shall be valid, effectual and binding on such person should he return, as if they were his own acts, the acts and doings of such administrator and guardian being in good faith and without fraud.

(b) Before any distribution of the estate of such absentee shall be made to the person or persons entitled to receive it, he or they shall give security, to the approval of the proper circuit or superior court or probate court of the county having jurisdiction thereof, in such sum as the court shall direct, and conditioned that if the absentee shall, in fact, be at the time alive, he or they will, respectively, refund the amounts received by each, on demand, with interest; said bond to run and be in force for the period of three (3) years from the date of the issuing of letters of administration by said court, and if, during said period of three (3) years, the absentee shall not appear and demand said estate, the rights of the absentee thereto shall be barred; but if the person or persons entitled to receive the same is or are unable to give the security aforesaid, then the court shall appoint a trustee, who shall give bond for the faithful performance of his duties in one and one-half times the amount of such money, with sufficient sureties, who shall invest said money at interest as the court may direct, which interest is to be paid annually to the person or persons entitled to it, and the money to remain at interest until the security aforesaid is given, and if the absentee does not appear and demand said money within said period of three (3) years, the court shall order it to be paid to the person or persons entitled to it absolutely.

(c) The provisions of this section shall apply to all pending and future administrations of such estates of absentees.

Formerly: Acts 1859, c.4, s.5; Acts 1913, c.326, s.1. As amended by Acts 1982, P.L.171, SEC.70.
Ind. Code § 29-1-13-6 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-6
Real estate interest as personal assets; proceeds from sale of real estate
Status: repealed

Sec. 6. (a) Unless foreclosure shall have been completed and redemption period shall have expired prior to the death of a decedent, real property mortgages, the interest in the mortgaged premises conveyed thereby, and the debt secured thereby, or any real property acquired by the personal representative in settlement of a debt or liability, or any real property sold by the decedent on written contract, the purchase price of which shall not have been paid in full prior to the death of the decedent, shall be deemed personal assets in the hands of his personal representative and be distributed and accounted for as such, but any sale, mortgage, lease or exchange of any of such real property made after the death of the decedent shall be made pursuant to IC 29-1-15, unless otherwise provided in the will of the decedent.

(b) In all cases of a sale of real property by a personal representative, upon order of the court the surplus of the proceeds of such sale remaining on the final settlement of the account shall be considered as real property and disposed of among the persons and in the same proportions as the real property would have been if it had not been sold.

Formerly: Acts 1953, c.112, s.1306. As amended by Acts 1982, P.L.171, SEC.34.
Ind. Code § 29-1-21-4.1 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-4.1
Certain wills executed in reliance on supreme court order
Status: in_force

Sec. 4.1. (a) This section applies to a will or codicil that is electronically signed and witnessed:

(1) on or after March 31, 2020;

(2) before January 1, 2021; and

(3) in reliance on the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237, and by the supreme court's orders signed and filed on May 29, 2020, and November 10, 2020, under case number 20S-CB-123.

(b) Notwithstanding any other law or provision, a will or codicil described in subsection (a) that was electronically signed and witnessed in compliance with:

(1) the procedures and requirements set forth in the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237 and as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237 and by the supreme court's order signed and filed on November 10, 2020, under case number 20S-CB-123; or

(2) the procedures and requirements set forth in section 4 of this chapter;

does not need to be reexecuted or reratified in compliance with the witnessing procedures specified under section 4 of this chapter or IC 29-1-5-3 as they existed on June 30, 2020.

(c) A proponent who offers an electronic will for probate may demonstrate prima facie compliance with subsection (b) by relying on the contents of a self-proving clause or by describing compliance in a verified petition under IC 29-1-7-4. A person contesting the validity of an electronic will described in subsection (b) has the burden of proving noncompliance with subsection (b).

As added by P.L.185-2021, SEC.8.
Ind. Code § 29-2-8-2 — Indiana Code / Title 29 / Article 2 / Chapter 8 / Section 29-2-8-2
Guardian bond; powers; removal and substitution
Status: in_force

Sec. 2. The court shall have full discretionary authority to appoint any suitable person as guardian and may require the guardian to post an adequate surety bond and to make reports as the court may deem necessary. The guardian shall have the same powers and authority as the guardian of the property of a minor or incapacitated person (as defined in IC 29-3-1-7.5) and shall be considered as an officer of the court, and shall be subject to removal and substitution for good cause shown.

Formerly: Acts 1945, c.35, s.2. As amended by P.L.33-1989, SEC.53.
Ind. Code § 29-1-9-3 — Indiana Code / Title 29 / Article 1 / Chapter 9 / Section 29-1-9-3
Notice; order approving agreement
Status: in_force

Sec. 3. Upon due notice, in the manner directed by the court, to all interested persons in being, or to their guardians, and to the guardians of all unborn persons who may take contingent interests by the compromise, and to the personal representative of the estate and to all trustees of testamentary trusts which would be affected by the compromise, the court shall, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries is just and reasonable, make an order approving the agreement and directing the fiduciaries and guardians ad litem to execute such agreement. Upon the making of such order and the execution of the agreement, all further disposition of the estate shall be in accordance with the terms of the agreement.

Formerly: Acts 1953, c.112, s.903.
Ind. Code § 29-3-8.5-9 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-9
Repealed
Status: repealed

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.10; P.L.72-2010, SEC.11. Repealed by P.L.4-2020, SEC.13.
Ind. Code § 29-1-7-15.2 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-15.2
Sale of real property; permitted use of proceeds
Status: in_force

Sec. 15.2. (a) This section applies to real property subject to section 15.1(b) of this chapter, if the personal representative sells the real property to:

(1) satisfy a lien of record in the county in which the real property is located;

(2) pay costs of administration; or

(3) use the sale proceeds for any other payment or distribution approved by the written consent of a majority in interest of the distributees under IC 29-1-10-21.

(b) The proceeds of the sale of real property described in subsection (a) will retain the same protection that section 15.1(b) of this chapter provides to real property with respect to payment of any debt or obligation of the deceased person not described in subsection (a).

As added by P.L.163-2018, SEC.7. Amended by P.L.184-2021, SEC.2.
Ind. Code § 29-3-2-3 — Indiana Code / Title 29 / Article 3 / Chapter 2 / Section 29-3-2-3
Guardian ad litem; appointment
Status: in_force

Sec. 3. (a) Unless waived under subsection (b) or if section 4 of this chapter does not apply, the court shall appoint a guardian ad litem to represent the interests of the alleged incapacitated person or minor if the court determines that the alleged incapacitated person or minor is not represented or is not adequately represented by counsel. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests. The court as part of the record of the proceeding shall set out its reasons for appointing a guardian ad litem.

(b) If a minor has or is entitled to property for the preservation of which the appointment of a guardian is necessary, and the court makes written findings that:

(1) the proposed guardian is capable of representing and managing the minor's property;

(2) no other petition for the appointment of a guardian has been filed; and

(3) the petition for the appointment of the proposed guardian is uncontested;

the court may waive the appointment of a guardian ad litem for the minor.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.63; P.L.154-1990, SEC.12; P.L.118-1997, SEC.25.
Ind. Code § 29-1-15-23 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-23
Exchange of property; terms and conditions
Status: in_force

Sec. 23. Whenever it shall appear upon the petition of the personal representative or of any person interested in the estate to be to the best interests of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may prescribe, which may include the payment or receipt of part cash by the personal representative. If personal property of the estate is to be exchanged, the proceedings required for the sale of such property shall apply so far as may be; if real property of the estate is to be exchanged, the procedure for the sale of such property shall apply so far as may be.

Formerly: Acts 1953, c.112, s.1523.
Ind. Code § 29-3-5-5 — Indiana Code / Title 29 / Article 3 / Chapter 5 / Section 29-3-5-5
Persons entitled to consideration for appointment as a guardian
Status: in_force

Sec. 5. (a) The following are entitled to consideration for appointment as a guardian under section 4 of this chapter in the order listed:

(1) A person designated in a durable power of attorney.

(2) A person designated as a standby guardian under IC 29-3-3-7.

(3) The spouse of an incapacitated person.

(4) An adult child of an incapacitated person.

(5) A parent of an incapacitated person, or a person nominated by will of a deceased parent of an incapacitated person or by any writing signed by a parent of an incapacitated person and attested to by at least two (2) witnesses, or in a power of attorney of a living parent of an incapacitated person under IC 30-5-3-4(c).

(6) A parent of a minor, a de facto custodian of a minor, or a person nominated:

(A) by will of a deceased parent or a de facto custodian of a minor; or

(B) by a power of attorney of a living parent or a de facto custodian of a minor.

(7) Any person related to an incapacitated person by blood or marriage with whom the incapacitated person has resided for more than six (6) months before the filing of the petition.

(8) A person nominated by the incapacitated person who is caring for or paying for the care of the incapacitated person.

(b) With respect to persons having equal priority, the court shall select the person it considers best qualified to serve as guardian. The court, acting in the best interest of the incapacitated person or minor, may pass over a person having priority and appoint a person having a lower priority or no priority under this section.

(c) In addition to this section, section 4.1 of this chapter applies if a person having equal priority is a person with a disability.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.70; P.L.190-2016, SEC.40; P.L.194-2017, SEC.8; P.L.146-2021, SEC.3.
Ind. Code § 29-1-13-5 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-5
Compromise; debtor or obligor
Status: in_force

Sec. 5. When it appears for the best interest of the estate, the personal representative may on order of the court effect a fair and reasonable compromise with any debtor or other obligor, or extend, renew or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge or other lien upon property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of such encumbered assets from the owner thereof in satisfaction of the indebtedness secured by such lien, if it appears for the best interest of the estate and if the court shall so order. In the absence of prior authorization or subsequent approval of the court, no compromise shall bind the estate.

Formerly: Acts 1953, c.112, s.1305.
Ind. Code § 29-1-7.5-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-0.1
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 3.8 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 4 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.

As added by P.L.220-2011, SEC.471.
Ind. Code § 29-3-2-4 — Indiana Code / Title 29 / Article 3 / Chapter 2 / Section 29-3-2-4
Discretion of court; binding orders
Status: in_force

Sec. 4. (a) All findings, orders, or other proceedings under this article shall be in the discretion of the court unless otherwise provided in this article.

(b) If there is not a conflict of interest between a guardian of an estate and the protected person or among persons represented, orders binding a guardian of an estate bind the protected person.

(c) Orders binding a guardian of the person bind the ward if a guardian of the ward's estate has not been appointed.

As added by P.L.169-1988, SEC.1. Amended by P.L.118-1997, SEC.26; P.L.252-2001, SEC.25.
Ind. Code § 29-1-10-12.5 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-12.5
Protection of persons dealing in good faith
Status: in_force

Sec. 12.5. A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. No provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is in addition to that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.

As added by Acts 1977, P.L.297, SEC.3.
Ind. Code § 29-1-1-15 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-15
Form of notice
Status: in_force

Sec. 15. The form of such notice may be prescribed by the court by rule or order. A notice shall be deemed sufficient if it shall set forth the nature of the petition or paper filed or the action requested, and the time fixed for hearing thereof, or the time fixed for filing a responsive pleading. or objections thereto.

Formerly: Acts 1953, c.112, s.115.
Ind. Code § 29-1-21-16 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-16
"Filing of an electronic will"
Status: in_force

Sec. 16. (a) As used in this section and for the purpose of offering or submitting an electronic will in probate under IC 29-1-7, the "filing of an electronic will" means the electronic filing of a complete converted copy of the associated electronic will.

(b) When filing an electronic will, the filing of any accompanying document integrity evidence or identity verification is not required unless explicitly required by the court.

(c) If a person files an electronic will:

(1) for the purpose of probating the electronic will; and

(2) including accompanying:

(A) document integrity evidence;

(B) identity verification evidence; or

(C) evidence described in both clauses (A) and (B);

in the filing or in response to a court order under subsection (e)(2), the person shall file a complete and unredacted copy of the evidence described in clauses (A) and (B) as a nonpublic document under Rule 5 of the Rules on Access to Court Records. All personally identifying information pertaining to the testator or the attesting witnesses shall be redacted in the publicly filed copy.

(d) If an electronic will includes a self-proving clause that complies with section 4(f) of this chapter, the testator's and witnesses' compliance with the execution requirements shall be presumed upon the filing of the electronic will with the court without the need for any additional testimony or an accompanying affidavit. The presumption described in this subsection may be subject to rebuttal or objection on the grounds of fraud, forgery, or impersonation.

(e) After determining that a testator is dead and that the testator's electronic will has been executed in compliance with applicable law, the court may:

(1) enter an order, without requiring the submission of additional evidence, admitting the electronic will to probate as the last will of the deceased testator unless objections are filed under IC 29-1-7-16; or

(2) require the petitioner to submit additional evidence regarding:

(A) the proper execution of the electronic will; or

(B) the electronic will's freedom from unauthorized alteration or tampering after its execution.

The court may require the submission of additional evidence under subdivision (2) on the court's own motion or in response to an objection filed under IC 29-1-7-16.

(f) The additional evidence that the court may require and rely upon under subsection (e)(2) may include one (1) or more of the following:

(1) Readable copies of the document integrity evidence or the identity verification evidence associated with the electronic will.

(2) All or part of the electronic record (if available) in a native or computer readable form.

(3) A sworn or verified affidavit from:

(A) an attorney or other person who supervised the execution of the electronic will; or

(B) one (1) or more of the attesting witnesses.

(4) An affidavit signed under section 9(b) of this chapter by a person who created a complete converted copy of the electronic will.

(5) A sworn or verified affidavit from a qualified person that:

(A) describes the person's training and expertise;

(B) describes the results of the person's forensic examination of the electronic record associated with:

(i) the electronic will at issue; or

(ii) any other relevant evidence; and

(C) affirms that the electronic will was not altered or tampered with after its execution.

(6) Any other evidence, including other affidavits or testimony, that the court considers material or probative on the issues of proper execution or unauthorized alteration or tampering.

(g) If the court enters an order admitting an electronic will to probate after receiving additional evidence, any of the additional evidence may be disputed through a will contest that is timely filed under IC 29-1-7-17.

As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.12; P.L.162-2022, SEC.15.
Ind. Code § 29-2-19-18 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-18
Reliance on out-of-state declarations
Status: in_force

Sec. 18. A person in Indiana may rely on a declaration or similar instrument that was executed in another state and that complies with the requirements of this chapter to the extent that an action requested by the declarant in the declaration or similar instrument does not violate any federal or Indiana law or any ordinance or regulation of a political subdivision.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-1-19-16 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-16
Copies of records; determining eligibility
Status: in_force

Sec. 16. When a copy of any public record is required by the department to be used in determining the eligibility of any person to participate in benefits made available by the department, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on the applicant's behalf or the authorized representative of the department with a certified copy of such record.

Formerly: Acts 1953, c.112, s.2016. As amended by P.L.1-1990, SEC.273.
Ind. Code § 29-1-2-4 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-4
Part not disposed of by will
Status: in_force

Sec. 4. If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates.

Formerly: Acts 1953, c.112, s.204.
Ind. Code § 29-1-19-18 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-18
Application of certain provisions of chapter
Status: in_force

Sec. 18. The provisions of this chapter relating to surety bonds and the administration of estates of protected persons shall apply to all income and estate as defined in section 1 of this chapter whether the guardian has been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to January 1, 1954.

Formerly: Acts 1953, c.112, s.2018. As amended by Acts 1982, P.L.171, SEC.67; P.L.33-1989, SEC.51.
Ind. Code § 29-3-12-5 — Indiana Code / Title 29 / Article 3 / Chapter 12 / Section 29-3-12-5
Termination of authority and responsibility of guardian; effect on liability of guardian; court approval
Status: in_force

Sec. 5. (a) The authority and responsibility of a guardian terminate:

(1) at the time that the court designates;

(2) upon the death, resignation, or removal of the guardian; or

(3) upon the termination of the guardianship, subject to section 1(e) and 1(f) of this chapter.

(b) The termination for any reason of the authority and responsibility of the guardian does not affect the liability of the guardian for prior acts or the obligation to account for the guardian's conduct of the guardian's trust.

(c) The resignation of a guardian does not terminate the appointment of the guardian until the guardian's resignation and final account have been approved by the court.

As added by P.L.169-1988, SEC.1. Amended by P.L.240-2017, SEC.3; P.L.38-2023, SEC.15.
Ind. Code § 29-1-17-1 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-1
Order of court; perishable property; depreciable property; storage or preservation; income and profits
Status: in_force

Sec. 1. (a) At any time during the administration, upon application of the personal representative or any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee, who consents to it, possession of any specific real or tangible personal property to which he is entitled under the terms of the will or by intestacy, provided that other distributees and claimants are not prejudiced thereby. The court may at any time prior to the decree of final distribution order him to return such property to the personal representative if it is for the best interest of the estate. The court may require the distributee to give security for such return.

(b) At any time during the administration, when it is apparent that the estate is solvent, the court in its discretion may order distribution to the persons entitled thereto of such items of property of the estate as:

(1) are perishable in nature,

(2) would materially depreciate in value if distribution were delayed, or

(3) would necessitate the expenditure of estate funds for storage or preservation if not distributed.

Such distribution may be with or without security or notice to the interested parties as the court may direct.

(c) After the expiration of the time limited for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be decreed, with notice to interested persons as the court may direct. Such distribution shall be as conclusive as a decree of final distribution, except that the court may, as provided in section 2(d) of this chapter, modify such decree of partial distribution to the extent necessary to protect the other distributees and claimants, and assure them that they will receive the amount due them on final distribution. Before a partial distribution is so decreed, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees and claimants who may be prejudiced as aforesaid by the partial distribution.

(d) The person to whom possession or distribution has been made under the provisions of this section, shall be entitled to the income and profits from such property.

Formerly: Acts 1953, c.112, s.1701; Acts 1955, c.258, s.9. As amended by Acts 1982, P.L.171, SEC.48; P.L.163-2018, SEC.11.
Ind. Code § 29-1-15-21 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-21
Fees and expenses
Status: in_force

Sec. 21. In connection with the sale, mortgage, lease or exchange of property, the court may authorize the personal representative to pay, out of the proceeds realized therefrom or out of the estate, the customary and reasonable auctioneers' and brokers' fees and any necessary expenses for abstracting, title insurance, survey, revenue stamps and other necessary costs and expenses in connection therewith.

Formerly: Acts 1953, c.112, s.1521.
Ind. Code § 29-1-13-1 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-1
Possession of property; duties of personal representative
Status: in_force

Sec. 1. Every personal representative shall have a right to take, and shall take, possession of all the real and personal property of the decedent. The personal representative:

(1) shall pay the taxes and collect the rents and earnings thereon until the estate is settled or until delivered by order of the court to the distributees;

(2) shall keep in tenantable repair the buildings and fixtures under the personal representative's control;

(3) may protect the buildings and fixtures under the personal representative's control by insurance; and

(4) may maintain an action:

(A) for the possession of real property; or

(B) to determine the title to real property.

Formerly: Acts 1953, c.112, s.1301; Acts 1973, P.L.287, SEC.7. As amended by Acts 1976, P.L.125, SEC.5; Acts 1979, P.L.268, SEC.4; P.L.95-2007, SEC.10.
Ind. Code § 29-1-14-13 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-13
Trial of claims; judgment; set-off or counterclaim
Status: in_force

Sec. 13. The trial of a claim under this chapter shall be conducted as in ordinary civil cases, and if the finding is for the claimant the court shall allow the claim in full or in part, and costs, to be paid out of the assets of the estate under section 19 of this chapter. If the claim sued on is secured by a lien upon property of the deceased, the date and extent shall be ascertained and fixed by the finding and judgment. If the finding is in favor of the personal representative upon a set-off or counter-claim, judgment shall be rendered thereon as in ordinary cases. If a set-off or counter-claim is pleaded, and the claim is afterward dismissed, the personal representative may nevertheless proceed to trial and judgment on the set-off or counter-claim.

Formerly: Acts 1953, c.112, s.1413. As amended by P.L.118-1997, SEC.21.
Ind. Code § 29-1-12-5 — Indiana Code / Title 29 / Article 1 / Chapter 12 / Section 29-1-12-5
Right of action against executor; insolvent personal representative
Status: in_force

Sec. 5. The naming of any person as executor in a will shall not operate as a discharge or bequest of any right of action which the testator had against such executor, but such right of action, if it survives, shall be included among the assets of the decedent in the inventory. If the personal representative is or becomes insolvent, debts owed by him to the decedent shall not be deemed assets in his hands in determining the liability on his bond.

Formerly: Acts 1953, c.112, s.1205.
Ind. Code § 29-2-16.1-20 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-20
Declarations and advance health care directives; procurement organizations
Status: in_force

Sec. 20. (a) As used in this section:

(1) "Advance health care directive" means a power of attorney for health care or a record signed by a prospective donor containing the prospective donor's direction concerning a health care decision for the prospective donor.

(2) "Declaration" means a record signed by a prospective donor specifying the circumstances under which a life support system may be withheld or withdrawn from the prospective donor.

(3) "Health care decision" means any decision made regarding the health care of the prospective donor.

(b) If a prospective donor has a declaration or advance health care directive, unless the directive expressly states the contrary, hospitals must use measures necessary to allow a procurement agency to determine the medical suitability of an organ for transplantation or therapy by insuring that life support is not withdrawn from the prospective donor before consultation with the appropriate procurement agency to determine medical potential for donation. The procurement organization shall make every effort to determine donor potential within approximately two (2) hours from the time the procurement organization is contacted by the hospital. A hospital may, in accordance with a donor's declaration or advance health care directive, withdraw life support from the prospective donor if the procurement organization has not made a determination of donor potential within six (6) hours from the time the procurement organization is contacted by the hospital.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-1-19-6 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-6
Appointment of guardian; condition precedent to payment of veterans' benefits; minor ward
Status: in_force

Sec. 6. Where a petition is filed for the appointment of a guardian for a minor, a certificate of the secretary or the secretary's authorized representative, setting forth the age of such minor as shown by the records of the department and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the department shall be prima facie evidence of the necessity for such appointment.

Formerly: Acts 1953, c.112, s.2006. As amended by P.L.1-1990, SEC.269.
Ind. Code § 29-1-8-11 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-11
Administration of lease tenant's property
Status: in_force

Sec. 11. (a) A tenant's representative who accepts appointment under IC 32-31-1-23 may represent the deceased residential lease tenant's distributees for the following purposes:

(1) Collecting all or part of the tenant's security deposit from the tenant's landlord.

(2) Collecting the tenant's tangible personal property from the tenant's residence.

(3) Distributing among the tenant's distributees any portion of the tenant's security deposit that the tenant's representative has collected from the tenant's landlord.

(4) Distributing among the tenant's distributees any portion of the tenant's tangible personal property that the tenant's representative has collected from the tenant's residence.

(5) Signing and issuing on behalf of the tenant's distributees any affidavit described in IC 29-1-8 that the tenant's landlord may require before releasing the tenant's security deposit or tangible personal property to the tenant's representative.

(b) Upon presentation of letters testamentary or letters of administration by the personal representative of the tenant's estate to the tenant's representative, the tenant's representative shall deliver to the personal representative any portion of the tenant's tangible personal property that the tenant's representative has collected from the tenant's landlord.

(c) The tenant's representative shall keep complete records of all transactions entered into by the tenant's representative on behalf of the tenant for:

(1) nine (9) months after the tenant's death date; or

(2) three (3) months after the records are delivered to the tenant's personal representative;

whichever occurs first.

(d) Except as otherwise required by subsection (e), the tenant's representative is not required to render an accounting.

(e) Except as provided in subsection (h), the tenant's representative shall render a written accounting if an accounting is:

(1) ordered by a court; or

(2) demanded by:

(A) a child of the tenant;

(B) the personal representative of the tenant's estate; or

(C) an heir or legatee of the tenant.

(f) Except as provided in subsection (h), a tenant's representative shall deliver an accounting required under subsection (e) to:

(1) the court;

(2) the personal representative of the tenant's estate;

(3) an heir of the tenant;

(4) a legatee of the tenant; or

(5) a child of the tenant.

(g) Except as provided in subsection (h), a tenant's representative shall deliver an accounting ordered or demanded under subsection (e) to the court or the person demanding the accounting not later than sixty (60) days after the date the tenant's representative receives the court order or written demand for an accounting.

(h) The court may order an accounting under subsection (e) at any time. In the absence of a court ordered accounting, a tenant's representative is not required to deliver an accounting to a person described in subsection (f)(1) through (f)(4) unless the person demands the accounting not later than nine (9) months after the date of the tenant's death. The delivery deadline provided in subsection (g) applies to a written demand for an accounting that is timely submitted under this subsection.

(i) Not more than one (1) accounting is required under this section in each twelve (12) month period unless the court, in its discretion, orders additional accountings.

(j) If a tenant's representative fails to deliver an accounting as required under this section, the court or the person demanding the accounting may initiate an action in mandamus to compel the tenant's representative to render the accounting. The court may award the attorney's fees and court costs incurred under this subsection to the person demanding the accounting if the court finds that the tenant's representative failed to render an accounting as required under this section without just cause.

(k) A tenant's representative is entitled to judicial review and settlement of an account of all transactions entered into by the tenant's representative, regardless of whether:

(1) the tenant's representative's authority has been revoked; or

(2) a demand for an accounting is made under subsection (e).

(l) Judicial review and settlement of an account is initiated upon the filing of a petition to settle and allow an account. The petition must be filed with the court exercising probate jurisdiction for the county in which the tenant resided. Except as otherwise provided by this section, the procedures in IC 30-4-5-14(b), IC 30-4-5-14(c), IC 30-4-5-14(d), and IC 30-4-5-15 that are applicable to judicial settlement of a trustee's account govern:

(1) the filing of objections; and

(2) all proceedings;

on the petition.

(m) A petition to settle and allow an account must be served upon all the following that are applicable:

(1) The tenant's personal representative.

(2) Any person beneficially interested in the decedent's estate.

(3) The tenant's heirs at law.

(4) If the tenant's will is probated without administration:

(A) the personal representative named in the probated will; and

(B) all persons or entities beneficially interested in the probated will.

(5) Any other person that the court directs.

(n) A tenant's representative is discharged from liability as to the transactions disclosed in the accounting if:

(1) the court reviews and approves the accounting; and

(2) notice of the court's approval of the accounting is provided to the persons identified in subsection (m).

(o) In the absence of fraud, misrepresentation, inadequate disclosure, or failure to provide proper notice related to the power of attorney transactions, the discharge from liability under subsection (n) is lawful and binding upon all interested persons:

(1) who would assert an interest on behalf of or through the tenant; and

(2) who are:

(A) born or unborn;

(B) notified or not notified; or

(C) represented or not represented.

(p) The filing fee for a petition to settle and allow an account filed under this section is a legitimate expense of the tenant's estate.

As added by P.L.184-2021, SEC.3.
Ind. Code § 29-1-9-1 — Indiana Code / Title 29 / Article 1 / Chapter 9 / Section 29-1-9-1
Persons represented; creditors; taxing authorities
Status: in_force

Sec. 1. The compromise of any contest or controversy as to:

(a) admission to probate of any instrument offered as the last will of any decedent,

(b) the construction, validity or effect of any such instrument,

(c) the rights or interests in the estate of the decedent of any person, whether claiming under a will or as heir,

(d) the rights or interests of any beneficiary of any testamentary trust, or

(e) the administration of the estate of any decedent or of any testamentary trust,

whether or not there is or may be any person interested who is a minor or otherwise without legal capacity to act in person or whose present existence or whereabouts cannot be ascertained, or whether or not there is any inalienable estate or future contingent interest which may be affected by such compromise, shall, if made in accordance with the provisions of this article, be lawful and binding upon all the parties thereto, whether born or unborn, ascertained or unascertained, including such as are represented by trustees, guardians of estates and guardians ad litem; but no such compromise shall in any way impair the rights of creditors or of taxing authorities.

Formerly: Acts 1953, c.112, s.901. As amended by Acts 1982, P.L.171, SEC.27.
Ind. Code § 29-1-15-10 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-10
Unit sales, mortgages, or leases
Status: in_force

Sec. 10. Whenever it is for the best interests of the estate, real and personal property of the estate may be sold, mortgaged or leased as a unit, but the provisions of this article with respect to the sale, mortgage or lease of real property shall apply so far as may be.

Formerly: Acts 1953, c.112, s.1510. As amended by Acts 1982, P.L.171, SEC.43.
Ind. Code § 29-3.5-1-2 — Indiana Code / Title 29 / Article 3.5 / Chapter 1 / Section 29-3.5-1-2
Definitions
Status: in_force

Sec. 2. The following definitions apply throughout this article:

(1) "Adult" means either of the following:

(A) An individual who has attained eighteen (18) years of age.

(B) An emancipated minor who has not attained eighteen (18) years of age.

(2) "Conservator" means a guardian (as defined in IC 29-3-1-6).

(3) "Guardian" has the meaning set forth in IC 29-3-1-6.

(4) "Guardianship order" means an order appointing a guardian.

(5) "Guardianship proceeding" means a proceeding in which an order for the appointment of a guardian is sought or has been issued.

(6) "Home state" means either of the following:

(A) The state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian.

(B) In the case of a respondent for whom no state satisfies clause (A), the state in which the respondent was physically present, including any period of temporary absence, for at least six (6) consecutive months ending within the six (6) months prior to the filing of the petition.

(7) "Incapacitated person" has the meaning set forth in IC 29-3-1-7.5 with respect to an adult.

(8) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding.

(9) "Person" has the meaning set forth in IC 29-3-1-12.

(10) "Protected person" has the meaning set forth in IC 29-3-1-13 with respect to an adult.

(11) "Protective order" refers to an order issued under IC 29-3-4.

(12) "Protective proceeding" has the meaning set forth in IC 29-3-1-14.

(13) "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.

(14) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought.

(15) "Significant connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.

(16) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-13-11 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-11
Business of decedent; continuing
Status: in_force

Sec. 11. Upon a showing of advantage to the estate, the court may authorize the personal representative to continue any business of the decedent for the benefit of the estate; but if the decedent died testate and his estate is solvent, the order of the court shall be subject to the provisions of the will. The order may be with or without notice. If notice is not given to all interested persons before the order is made, notice of the order shall be given within five (5) days after the order, and any such person not previously notified by publication or otherwise may show cause why the order should be revoked or modified. The order may provide:

(a) For the conduct of the business solely by the personal representative or jointly with one (1) or more of the decedents' surviving partners, or as a corporation to be formed by the personal representative alone or acting with others;

(b) The extent of the liability of the estate, or any part thereof, or the personal representative, for obligations incurred in the continuation of the business;

(c) As to whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate set aside for use in the business or to the estate as a whole; and

(d) As to the period of time for which the business may be conducted, and such other conditions, restrictions, regulations and requirements as the court may order.

Formerly: Acts 1953, c.112, s.1311.
Ind. Code § 29-2-12-7 — Indiana Code / Title 29 / Article 2 / Chapter 12 / Section 29-2-12-7
Will providing for payment
Status: in_force

Sec. 7. (a) This chapter shall not be applicable to estates where the decedent has, by will, provided for the payment of federal estate tax either by the estate or by the residue of the estate.

(b) A specific direction in a will to pay federal estate tax from the testator's estate or the residue of the estate shall be considered a provision for payment under subsection (a).

Formerly: Acts 1969, c.175, s.7. As amended by Acts 1982, P.L.171, SEC.73; P.L.266-1989, SEC.2.
Ind. Code § 29-3-14-5 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-5
Supporter responsibilities; prohibited acts
Status: in_force

Sec. 5. (a) A supporter must:

(1) support the will and preference of the adult, and not the supporter's opinion of the adult's best interests;

(2) act honestly, diligently, and in good faith;

(3) act within the scope set forth in the adult's supported decision making agreement;

(4) avoid conflicts of interest; and

(5) notify the adult in writing of the supporter's intent to resign as a supporter.

(b) The relationship between an adult and a supporter is one of trust and confidence, and serves to preserve the decision making authority of the adult.

(c) A supporter is prohibited from:

(1) exerting undue influence upon the adult;

(2) receiving a fee for service related solely to services performed in the role of supporter;

(3) obtaining, without the consent of the adult, information acquired for a purpose other than assisting the adult in making a specific decision authorized by the supported decision making agreement;

(4) acting outside the scope of authority provided in the supported decision making agreement; or

(5) obtaining, without the consent of the adult, nonpublic personal information as defined in 15 U.S.C. 6809(4)(A).

(d) A supporter who is expressly given relevant authority in a power of attorney may act within the scope of that authority to sign instructions or other documents on behalf of the adult, in order to communicate or implement decisions by the adult.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-3-1-1.6 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-1.6
"Catalogue of electronic communications"
Status: in_force

Sec. 1.6. "Catalogue of electronic communications" has the meaning set forth in IC 32-39-1-5.

As added by P.L.137-2016, SEC.3.
Ind. Code § 29-2-14-8 — Indiana Code / Title 29 / Article 2 / Chapter 14 / Section 29-2-14-8
Short title
Status: in_force

Sec. 8. This chapter may be cited as the Uniform Simultaneous Death Act.

Formerly: Acts 1941, c.49, s.8. As amended by Acts 1982, P.L.171, SEC.78.
Ind. Code § 29-2-16.1-3 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-3
Persons who may make anatomical gifts during the lifetime of a donor
Status: in_force

Sec. 3. Subject to section 7 of this chapter, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 4 of this chapter by:

(1) the donor, if the donor is an adult or if the donor is a minor and is:

(A) emancipated; or

(B) authorized under state law to apply for a driver's license because the donor is at least sixteen (16) years of age;

(2) an agent, a health care representative, or a proxy (as defined by IC 16-36-7-20) of the donor, unless the health care power of attorney, advance directive, or other record prohibits the agent from making an anatomical gift;

(3) a parent of the donor, if the donor is not emancipated; or

(4) the donor's guardian.

As added by P.L.147-2007, SEC.12. Amended by P.L.50-2021, SEC.69.
Ind. Code § 29-1-10-7 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-7
Successor representatives; appointment
Status: in_force

Sec. 7. When a personal representative dies, is removed by the court, or resigns and such resignation is accepted by the court, the court may, and if he was the sole or last surviving personal representative and administration is not completed, the court shall appoint another personal representative in his place.

Formerly: Acts 1953, c.112, s.1007.
Ind. Code § 29-1-2-10 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-10
Advancements; gratuitous inter vivos transfer
Status: in_force

Sec. 10. (a) If a person dies intestate as to all his estate, property which he gave in his lifetime to any person who, if the intestate had died at the time of making the gift, would be entitled to inherit a part of his estate, shall be treated as an advancement against the heir's intestate share only if:

(1) the decedent declared in a writing or the heir acknowledged in a writing that the gift is an advancement; or

(2) the decedent's writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.

To the extent that the advancement does not exceed the intestate share the advancement shall be taken into account in computing the estate to be distributed. Every gratuitous inter vivos transfer is deemed to be an absolute gift and not an advancement unless shown to be an advancement.

(b) The advancement shall be considered as of its value at the time when the advancee came into possession or enjoyment or at the time of the death of the intestate, whichever first occurs.

(c) If the advancee dies before the intestate, leaving a lineal heir who takes from the intestate, the advancement shall be taken into account in the same manner as if it had been made directly to such heir. If such heir is entitled to a lesser share in the estate than the advancee would have been entitled to had he survived the intestate, then the heir shall only be charged with such proportion of the advancement as the amount he would have inherited, had there been no advancement, bears to the amount which the advancee would have inherited, had there been no advancement.

Formerly: Acts 1953, c.112, s.210. As amended by P.L.118-1997, SEC.10.
Ind. Code § 29-1-7-19 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-19
Contest of wills; bond of plaintiff
Status: in_force

Sec. 19. At the time of filing a verified complaint under section 17 of this chapter, the plaintiff in the action, or some other person on the plaintiff's behalf, shall file a bond with sufficient sureties in an amount approved by the court, conditioned for the due prosecution of the proceedings and for the payment of all costs if in the proceedings judgment is rendered against the plaintiff.

Formerly: Acts 1953, c.112, s.719. As amended by Acts 1982, P.L.171, SEC.23; P.L.118-1997, SEC.14.
Ind. Code § 29-1-13-2 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-2
Preserving estate; action to prevent loss
Status: in_force

Sec. 2. No executor named in the will shall interfere with the estate entrusted to him further than to preserve the same until the issuing of letters; but, for that purpose, he may prosecute any suit to prevent the loss of any part thereof.

Formerly: Acts 1953, c.112, s.1302.
Ind. Code § 29-1-7.5-4 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-4
Closing estate; procedures; termination of appointment of personal representative
Status: in_force

Sec. 4. (a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than three (3) months after the date of the first published notice to creditors under IC 29-1-7-7(b), a verified statement stating that the personal representative, or a prior personal representative, has done the following:

(1) Published notice to creditors as provided in IC 29-1-7-7(b), and that the first publication occurred more than three (3) months prior to the date of the statement.

(2) Provided notice to creditors as required under IC 29-1-7-7(c), IC 29-1-7-7(d), and IC 29-1-7-7(f).

(3) Fully administered the estate of the decedent by making payment, settlement, or other disposition of all claims which were presented, expenses of administration and estate, inheritance, and other death taxes, except as specified in the statement. If any claims remain undischarged, the statement shall:

(A) state whether the personal representative has distributed the estate, subject to possible liability, with the agreement of the distributees; or

(B) detail other arrangements which have been made to accommodate outstanding liabilities.

(4) Executed and recorded a personal representative's deed for any real estate owned by the decedent.

(5) Distributed all the assets of the estate to the persons entitled to receive the assets.

(6) Sent a copy of the statement to:

(A) all distributees of the estate; and

(B) all creditors or other claimants of whom the personal representative has actual knowledge whose claims are neither paid nor barred and has furnished a full account in writing of the personal representative's administration to the distributees whose interests are affected, unless waived in writing.

(7) Provided the court with the names and addresses of all distributees, creditors, and claimants to whom the personal representative has sent a copy of the statement under subdivision (6).

(b) If no proceedings involving the personal representative are pending in the court three (3) months after the closing statement is filed, the appointment of the personal representative terminates and the estate is closed by operation of law.

Formerly: Acts 1975, P.L.288, SEC.11. As amended by P.L.154-1990, SEC.7; P.L.130-1992, SEC.7; P.L.252-2001, SEC.15; P.L.194-2017, SEC.2; P.L.50-2025, SEC.4.
Ind. Code § 29-3-7-2 — Indiana Code / Title 29 / Article 3 / Chapter 7 / Section 29-3-7-2
Bond requirements; liability; consent to jurisdiction; proceedings against sureties
Status: in_force

Sec. 2. (a) The following requirements apply to all bonds on which the guardian is primary obligor:

(1) Unless otherwise provided by the terms of the bond, sureties are jointly and severally liable with the primary obligor and with each other.

(2) By executing the bond, the surety consents to the jurisdiction of the court that issued letters in any proceeding pertaining to the fiduciary duties of the primary obligor and naming the surety as a party respondent. Notice of any proceeding under this article must be delivered to the surety or mailed by registered or certified mail to the address listed with the court at the place where the bond is filed and to the address as then known to the petitioner.

(3) On petition of a successor to the primary obligor or any interested person, a proceeding may be intitiated against a surety for breach of the obligation of the bond of the primary obligor.

(4) The bond is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.

(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-3-5-4.1 — Indiana Code / Title 29 / Article 3 / Chapter 5 / Section 29-3-5-4.1
"Disability"; guardianship
Status: in_force

Sec. 4.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102.

(b) In considering the qualifications and suitability of an individual with a disability for appointment as a guardian under section 4 of this chapter, a court:

(1) shall not discriminate against; and

(2) shall take into consideration the provision of reasonable accommodations to;

the individual as provided under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 through 42 U.S.C. 12134), and other applicable state and federal law.

As added by P.L.146-2021, SEC.2.
Ind. Code § 29-3-2-0.2 — Indiana Code / Title 29 / Article 3 / Chapter 2 / Section 29-3-2-0.2
Application of article; effect of amendments to certain other statutes
Status: in_force

Sec. 0.2. (a) As used in this section, "affected statutes" refers to the following:

(1) IC 16-8-12-7 (repealed, now codified at IC 16-36-1-8).

(2) IC 29-1-7.5-2.

(3) IC 33-16-2-2 (repealed, codified at IC 33-42-2-2, also repealed).

(4) IC 33-19-3-2 (repealed, now codified at IC 33-37-3-2).

(5) IC 35-34-2-3.

(6) IC 35-37-1-5.

(b) This article and the amendments made by P.L.169-1988 to the affected statutes apply to guardianships in existence on June 30, 1989, except to the extent that application of this article and the amendments made by P.L.169-1988 to the affected statutes would contravene any vested or contractual rights in effect on June 30, 1989, in which case the law in effect before July 1, 1989, prevails.

As added by P.L.220-2011, SEC.481. Amended by P.L.128-2017, SEC.11.
Ind. Code § 29-1-4-3 — Indiana Code / Title 29 / Article 1 / Chapter 4 / Section 29-1-4-3
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.403. As amended by Acts 1971, P.L.403, SEC.2; Acts 1973, P.L.287, SEC.3. Repealed by Acts 1975, P.L.288, SEC.51.
Ind. Code § 29-1-16-3 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-3
Verified account; filing; time
Status: in_force

Sec. 3. Every personal representative may file in the court a verified account of his administration at any time prior to final settlement and distribution but every personal representative must file in the court a verified account of his administration.

(a) Upon filing a petition for final settlement;

(b) Upon the revocation of his letters;

(c) Upon his application to resign and before his resignation is accepted by the court;

(d) At any other time when directed by the court either of its own motion or on the application of any interested person.

Formerly: Acts 1953, c.112, s.1603.
Ind. Code § 29-3-2-5 — Indiana Code / Title 29 / Article 3 / Chapter 2 / Section 29-3-2-5
Residence; determination
Status: in_force

Sec. 5. The residence of a person shall be determined by actual presence rather than technical domicile.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-3-8.5-6 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-6
Officer of the court
Status: in_force

Sec. 6. A volunteer advocates for seniors and incapacitated adults program is considered an officer of the court for the purpose of representing the interests of an incapacitated person or senior.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.7; P.L.72-2010, SEC.10; P.L.4-2020, SEC.10.
Ind. Code § 29-2-19-8 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-8
Funeral planning declaration; requirements
Status: in_force

Sec. 8. (a) A person who is of sound mind and is at least eighteen (18) years of age may execute a funeral planning declaration substantially in the form set forth in section 13 of this chapter. A declaration may not be included in a will, a power of attorney, or a similar document.

(b) A declaration must meet the following conditions:

(1) Be voluntary.

(2) Be in writing.

(3) Direct an individual to serve as the declarant's designee.

(4) Be signed by the person making the declaration or by another person in the declarant's presence and at the direction of the declarant.

(5) Be dated.

(6) Be signed in the presence of at least two (2) competent witnesses who are at least eighteen (18) years of age.

(c) The following may not be a witness to a declaration under subsection (b)(6):

(1) The person who signed the declaration on behalf of and at the direction of the declarant.

(2) A parent, spouse, or child of the declarant.

(3) An individual who is entitled to any part of the declarant's estate whether the declarant dies testate or intestate, including an individual who could take from the declarant's estate if the declarant's will is declared invalid.

For purposes of subdivision (3), a person is not considered to be entitled to any part of the declarant's estate solely by virtue of being nominated as a personal representative or as the attorney for the estate in the declarant's will.

(d) A declaration is not binding upon a funeral home, a cemetery, any other person engaged in the business of providing funeral services, any other person selling merchandise or grave markers, or any other person providing a service or other property subject to the declaration until the person receives consideration for the service, merchandise, or other property. If any provision of a declaration conflicts with:

(1) IC 23-14-31;

(2) IC 23-14-33; or

(3) IC 25-15;

the provision contained in the declaration controls.

(e) Except as provided in subsection (f), a declarant may not direct an individual who is:

(1) a provider of funeral services;

(2) responsible for any aspect of the disposition of the declarant's remains; or

(3) associated with any entity that is responsible for providing funeral services or disposing of the declarant's remains;

to be the declarant's designee in a declaration executed under this chapter.

(f) Subsection (e) does not apply to an individual who is related to the declarant by birth, marriage, or adoption.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-3-11-2 — Indiana Code / Title 29 / Article 3 / Chapter 11 / Section 29-3-11-2
Contracts entered into in good faith; personal liability of guardian; liability for acts or omissions; proceeding to determine liability
Status: in_force

Sec. 2. (a) Unless otherwise provided in the contract, a guardian or person acting under a protective order is not personally liable on a contract entered into in good faith under the order, unless that person fails to reveal that person's representative capacity and identify that person's capacity in the contract.

(b) Subject to subsection (a), a guardian or person acting under a protective order is not personally liable to the protected person or others for any act or omission in good faith or for any act or omission of the protected person or others acting on behalf of the protected person.

(c) The guardian or person acting under a protective order is personally liable to the protected person for acts or omissions in the course of the administration of the trust of the guardian or person acting under a protective order only for a breach of duty to the protected person.

(d) Any question of liability of the guardian or person acting under a protective order personally to the protected person may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-3-8-6 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-6
Sale or transfer of guardianship property contrary to terms of protected person's will; election of devisee
Status: in_force

Sec. 6. If:

(1) a guardian sells or transfers during a protected person's lifetime property belonging to the protected person that is specifically devised to another in a will executed by the protected person;

(2) the protected person subsequently dies; and

(3) the devised property is consequently not contained in the protected person's estate following the death of the protected person;

the devisee may, at the devisee's option, elect to receive the value of the devised property, as valued at the time of death of the protected person, as a general devise or the proceeds of the sale or transfer as a specific devise.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.72; P.L.252-2001, SEC.28.
Ind. Code § 29-1-12-6 — Indiana Code / Title 29 / Article 1 / Chapter 12 / Section 29-1-12-6
Evidence
Status: in_force

Sec. 6. Inventories and appraisements may be given in evidence in all proceedings, but shall not be conclusive, and other evidence may be introduced to vary the effect thereof.

Formerly: Acts 1953, c.112, s.1206.
Ind. Code § 29-3.5-2-7 — Indiana Code / Title 29 / Article 3.5 / Chapter 2 / Section 29-3.5-2-7
Authorized responses to a determination that jurisdiction has been acquired because of unjustifiable conduct
Status: in_force

Sec. 7. (a) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may:

(1) decline to exercise jurisdiction;

(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or

(3) continue to exercise jurisdiction after considering:

(A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction;

(B) whether it is a more appropriate forum than the court of any other state under the factors set forth in section 6(c) of this chapter; and

(C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 3 of this chapter.

(b) If a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state unless authorized by law other than this chapter.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-3-2-0.1 — Indiana Code / Title 29 / Article 3 / Chapter 2 / Section 29-3-2-0.1
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 sections 3 and 4 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.217-2001 apply to all proceedings pending under IC 31-34 on July 1, 2001, and to all proceedings commenced under IC 31-34 after June 30, 2001.

As added by P.L.220-2011, SEC.480.
Ind. Code § 29-1-14-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-0.1
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 sections 2, 13, 17, and 19 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 sections 1, 2, 8, 10, 16, 18, 19, and 21 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.

As added by P.L.220-2011, SEC.477.
Ind. Code § 29-1-17-9 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-9
Specific devise; liens
Status: in_force

Sec. 9. (a) As used in this section, "lien" refers to a mortgage, pledge, security interest, or other lien.

(b) When any real or personal property subject to a lien is specifically devised, the devisee shall take the devised property subject to the lien unless the will provides expressly or by necessary implication that the lien be otherwise paid. If the holder of a lien receives payment on a claim based upon the obligation secured by the lien, the devise which was subject to the lien shall be charged with the reimbursement to the estate of the amount of the payment for the benefit of the distributees entitled to the devise, unless the will provides expressly or by necessary implication that the payment be charged against the residue of the estate.

(c) For purposes of this section, a general directive in a will to pay debts does not imply an intent that a devise of property subject to a lien be distributed free from the lien.

Formerly: Acts 1953, c.112, s.1709. As amended by P.L.51-2014, SEC.6.
Ind. Code § 29-1-7.5-3.8 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-3.8
Prompt closing of estates
Status: in_force

Sec. 3.8. (a) A personal representative shall close an estate administered under this chapter as promptly as possible.

(b) If a personal representative does not file a closing statement under section 4 of this chapter within one (1) year after the appointment of the personal representative, the personal representative shall file a statement with the court indicating why the estate has not been closed.

As added by P.L.130-1992, SEC.6. Amended by P.L.118-1997, SEC.15.
Ind. Code § 29-2-2-1 — Indiana Code / Title 29 / Article 2 / Chapter 2 / Section 29-2-2-1
Appointment; salary
Status: in_force

Sec. 1. (a) In all counties of this state containing a voting population of over seven thousand (7,000), as shown by the vote cast for secretary of state at the last preceding election, the judge of the circuit court of each of said counties, when he shall find:

(1) that the probate business of his court requires it;

(2) that the interests of heirs under the age of eighteen (18) years and other beneficiaries of estates, guardianships, receiverships, and other trusts pending in said court will be protected and subserved thereby; and

(3) that the same is demanded for the proper protection of such interests;

shall cause such finding to be entered of record, and thereupon shall appoint some competent person as probate commissioner of such court.

(b) In such finding and order of appointment, on proof first heard in open court, the judge shall fix and specify the annual salary of such commissioner and the time of payment thereof and shall thereupon cause to be certified to the auditor of such county a copy of such finding and order, which shall be sufficient authority for said auditor to draw his warrant for the payment thereof at the times and in the amounts in said record set forth.

Formerly: Acts 1891, c.137, s.1; Acts 1897, c.164, s.1; Acts 1911, c.269, s.1; Acts 1973, P.L.287, SEC.12. As amended by P.L.285-1987, SEC.1.
Ind. Code § 29-2-16.1-6 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-6
Refusal of anatomical gifts
Status: in_force

Sec. 6. (a) An individual may refuse to make an anatomical gift of the individual's body or part by:

(1) a record signed by:

(A) the individual; or

(B) subject to subsection (b), another individual acting at the direction of the individual if the individual is physically unable to sign;

(2) the individual's will, including if the will is admitted to probate or invalidated after the individual's death; or

(3) any form of communication made by the individual during the individual's terminal illness or injury to at least two (2) adults, and one (1) of the adults must be a disinterested witness.

(b) A record signed under subsection (a)(1)(B) must:

(1) be witnessed by two (2) adults, at least one (1) of whom is a disinterested witness, who are witnesses at the request of the donor or the other person acting at the direction of the donor; and

(2) state that the record has been signed and witnessed as described in subdivision (1).

(c) An individual who has made a refusal may amend or revoke the refusal:

(1) in the manner described in subsection (a);

(2) by subsequently making an anatomical gift under section 4 of this chapter that is inconsistent with the refusal; or

(3) by destroying or cancelling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal.

(d) Except as provided in section 7(h) of this chapter, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars another person from making an anatomical gift of the individual's body or part.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-2-1-12 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-12
Adjudications binding on personal representative
Status: in_force

Sec. 12. An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.

Formerly: Acts 1975, P.L.288, SEC.50.
Ind. Code § 29-1-17-16 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-16
Rules of equity; relief not limited
Status: in_force

Sec. 16. The limitations provided for in IC 29-1-1-21 and section 13 of this chapter shall not deprive any interested person of the relief now afforded him under the rules of equity.

Formerly: Acts 1953, c.112, s.1716. As amended by Acts 1982, P.L.171, SEC.50.
Ind. Code § 29-1-14-21 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-21
Adverse claims; notice; trial
Status: in_force

Sec. 21. When any person claims any interest in any property in the possession of the personal representative adverse to the estate, the person may file, prior to the expiration of three (3) months after the date of the first published notice to creditors, a petition with the court having jurisdiction of the estate setting out the facts concerning such interest, and thereupon the court shall cause such notice to be given to such parties as it deems proper, and the case shall be set for trial and tried as in ordinary civil actions.

Formerly: Acts 1953, c.112, s.1421; Acts 1975, P.L.288, SEC.28. As amended by P.L.252-2001, SEC.23.
Ind. Code § 29-3-5-4 — Indiana Code / Title 29 / Article 3 / Chapter 5 / Section 29-3-5-4
Considerations for appointment of guardian
Status: in_force

Sec. 4. (a) The court shall appoint as guardian a qualified person or persons most suitable and willing to serve, having due regard to the following:

(1) Any request made by a person alleged to be an incapacitated person, including designations in a durable power of attorney under IC 30-5-3-4(a).

(2) Any request made for a minor by:

(A) a parent of the minor; or

(B) a de facto custodian of the minor, including a designation in a power of attorney under IC 30-5-3-4(b) or IC 30-5-3-4(c).

(3) Any request contained in a will or other written instrument.

(4) A designation of a standby guardian under IC 29-3-3-7.

(5) Any request made by a minor who is at least fourteen (14) years of age.

(6) Any request made by the spouse of the alleged incapacitated person.

(7) The relationship of the proposed guardian to the individual for whom guardianship is sought.

(8) Any person acting for the incapacitated person under a durable power of attorney.

(9) The best interest of the incapacitated person or minor and the property of the incapacitated person or minor.

(b) In addition to subsection (a), section 4.1 of this chapter applies when a prospective guardian is a person with a disability.

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.7; P.L.149-1991, SEC.3; P.L.190-2016, SEC.39; P.L.194-2017, SEC.7; P.L.146-2021, SEC.1.
Ind. Code § 29-2-4-1 — Indiana Code / Title 29 / Article 2 / Chapter 4 / Section 29-2-4-1
Report of findings; compensation
Status: in_force

Sec. 1. In all counties of this state, having a population of not less than thirty thousand (30,000) nor more than one hundred and fifty thousand (150,000), according to the last preceding United States census, it shall be the duty of the probate commissioner of the circuit court in any county, duly appointed as by law provided, to hear evidence upon and report his finding to the judge of the circuit court of his county, upon all matters, probate, civil and otherwise, which may be referred to such probate commissioner by such judge of the circuit court, and he shall receive no fees or compensation other than his salary, which salary shall be fixed by the judge of said circuit court, after proof heard, during any term of such court, and in such sum as, in the judgment of the judge of such circuit court, may deem proper, the same to be payable out of the treasury of such county.

Formerly: Acts 1911, c.42, s.1.
Ind. Code § 29-1-5-7 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-7
Nuncupative will; revocation
Status: in_force

Sec. 7. A nuncupative will or any part thereof can be revoked by another nuncupative will.

Formerly: Acts 1953, c.112, s.507.
Ind. Code § 29-3-1-14 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-14
"Protective proceeding"
Status: in_force

Sec. 14. "Protective proceeding" means a proceeding for a protective order under IC 29-3-4.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-6-3 — Indiana Code / Title 29 / Article 1 / Chapter 6 / Section 29-1-6-3
Restraint of marriage
Status: in_force

Sec. 3. A devise to a spouse with a condition in restraint of marriage shall stand, but the condition shall be void.

Formerly: Acts 1953, c.112, s.603.
Ind. Code § 29-1-5-9 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-9
Trust inter vivos; execution
Status: in_force

Sec. 9. An instrument creating an inter vivos trust in order to be valid need not be executed as a testamentary instrument pursuant to section 3 or 3.1 of this chapter, even though such trust instrument reserves to the maker or settlor the power to revoke, or the power to alter or amend, or the power to control investments, or the power to consume the principal, or because it reserves to the maker or settlor any one or more of said powers.

Formerly: Acts 1953, c.112, s.509. As amended by Acts 1982, P.L.171, SEC.17; P.L.4-2003, SEC.5.
Ind. Code § 29-1-11-5 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-5
Affidavit of surety; value of property
Status: in_force

Sec. 5. Each personal surety shall execute and file with the court an affidavit that he owns real property, subject to execution, of a value over and above his liabilities, equal to the amount of the bond, and shall include in such affidavit the total amount of his obligations as surety on other official or statutory bonds.

If the amount of the bond exceeds $1,000, the affidavit shall also state:

(a) An adequate description of the real property within this state offered by him as security.

(b) The total amount of the liens, unpaid taxes, other bonds executed and other encumbrances on the property so offered by him as security.

(c) The assessed and market value of such property and the value of the surety's equity over and above all encumbrances, liens, and unpaid taxes.

(d) That the equity in such property so offered is equal to the amount of the bond.

The only provision of this section which shall apply in counties in this state having a population of less than fifty thousand (50,000) according to the last preceding United States census, is the provision that each personal surety shall execute and file with the court an affidavit that he owns real property, subject to execution, of a value over and above his liabilities, including contingent liabilities equal to the amount of the bond.

Formerly: Acts 1953, c.112, s.1105.
Ind. Code § 29-1-5-3.2 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-3.2
Video
Status: in_force

Sec. 3.2. Subject to the applicable Indiana Rules of Trial Procedure and the Indiana Rules of Evidence, a video recording, one (1) or more photographs, or an audio recording made or captured during part or all of a will's execution may be admissible as evidence of the following:

(1) The proper execution of a will.

(2) The intentions of a testator.

(3) The mental state or capacity of a testator.

(4) The authenticity of a will.

(5) Matters that are determined by a court to be relevant to the probate of a will.

As added by P.L.4-2003, SEC.3. Amended by P.L.185-2021, SEC.4.
Ind. Code § 29-1-21-8 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-8
Revocation of electronic will
Status: in_force

Sec. 8. (a) This section describes the exclusive methods for revoking an electronic will. Before a testator completes or directs the revocation of an electronic will, the testator shall:

(1) comply with; or

(2) direct a third party custodian to comply, as applicable, with;

subsection (e).

(b) A testator may revoke and supersede a previously executed electronic will by executing a new electronic will or traditional paper will that explicitly revokes and supersedes all prior wills. However, if the revoked or superseded electronic will is held in the custody or control of more than one (1) custodian, the testator shall use the testator's best efforts to contact each custodian and to instruct each custodian to permanently delete and render nonretrievable each revoked or superseded electronic will in the manner described in subsection (d).

(c) If a testator is not using the services of a custodian to store the electronic record for an electronic will, the testator may revoke the electronic will by permanently deleting each copy of the electronic record associated with the electronic will in the testator's possession or control or by rendering the electronic record for the associated electronic will unreadable and nonretrievable.

(d) The testator may revoke the testator's electronic will by executing a revocation document that:

(1) is signed by the testator and two (2) attesting witnesses in a manner that complies with IC 29-1-5-3(b) or with section 4 of this chapter;

(2) refers to the date on which the electronic will that is being revoked was signed; and

(3) states that the testator is revoking the electronic will described in subdivision (2).

A revocation document under this subsection may be signed and witnessed with the electronic signature of the testator and two (2) attesting witnesses, or signed and witnessed with signatures on paper as described in IC 29-1-5-6.

(e) If a testator is using the services of an attorney or a custodian to store the electronic record associated with the testator's electronic will, the testator may revoke the electronic will by instructing the custodian or attorney to permanently delete or make unreadable and nonretrievable the electronic record associated with the electronic will. An instruction issued under this subsection must be made in writing to the custodian or attorney as applicable. A custodian or attorney who receives a written instruction described in this subsection shall:

(1) sign an affidavit of regularity under section 13 of this chapter with respect to the electronic will to be revoked by the testator;

(2) create a complete converted copy (as defined in section 3(2) of this chapter) of the electronic will being revoked;

(3) make the signed affidavit of regularity a permanent attachment to or part of the complete converted copy;

(4) follow the testator's written instruction by:

(A) permanently deleting the electronic record for the revoked electronic will; or

(B) rendering the electronic record associated with the revoked electronic will unreadable and nonretrievable; and

(5) transmit or issue the complete converted copy of the revoked electronic will to the testator.

(f) If the electronic record for a particular electronic will or a complete converted copy of the electronic will cannot be found after the testator's death, the presumption that applied to a lost or missing traditional paper will shall be applied to the lost or missing electronic will.

As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.11.
Ind. Code § 29-3-9-2 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-2
Change in physical presence of protected person
Status: in_force

Sec. 2. A guardian (other than a temporary guardian) or a volunteer advocate for seniors and incapacitated adults appointed under IC 29-3-8.5 may, with the approval of and under such conditions as may be imposed by the court after notice and hearing, change the physical presence of the protected person to another place in Indiana or to another state if the court finds that such a change is in the best interests of the protected person. Upon such a change, the guardianship may be limited or terminated by the court.

As added by P.L.169-1988, SEC.1. Amended by P.L.41-2004, SEC.3; P.L.11-2006, SEC.11; P.L.4-2020, SEC.18.
Ind. Code § 29-1-15-4 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-4
Order not granted; bond given by interested person
Status: in_force

Sec. 4. An order authorizing a personal representative to sell, mortgage or lease real or personal property for the payment of obligations of the estate shall not be granted if any of the persons interested in the estate shall execute and file in the court a bond in such sum and with such sureties as the court may approve, conditioned to pay all obligations of the estate to the extent that the other property of the estate is insufficient therefor, within such time as the court shall direct. An action may be maintained on such bond by the personal representative on behalf of any person interested in the estate who is prejudiced by breach of any obligation of the bond.

Formerly: Acts 1953, c.112, s.1504.
Ind. Code § 29-1-7-9 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-9
Admission to probate; proof of will
Status: in_force

Sec. 9. Before a written will shall be admitted to probate, the will shall be proved by one (1) or more of the subscribing witnesses, or if all of them are dead, out of the state, or have become incapacitated for any reason since attesting the will, then the will shall be admitted to probate upon proof of the handwriting of the testator or of one (1) of the subscribing witnesses.

Formerly: Acts 1953, c.112, s.709. As amended by P.L.33-1989, SEC.36.
Ind. Code § 29-1-3-8 — Indiana Code / Title 29 / Article 1 / Chapter 3 / Section 29-1-3-8
Afterborn or adopted children; omitted heirs
Status: in_force

Sec. 8. (a) When a testator fails to provide a will for any of the testator's children born or adopted after the making of the testator's last will, such child, whether born before or after the testator's death, shall receive a share in the estate of the testator equal in value to that which the child would have received if the testator had died intestate, unless it appears from the will that such omission was intentional, or unless:

(1) when the will was executed the testator had one (1) or more children known to the testator to be living; and

(2) the testator devised substantially all of the testator's estate to the spouse who survives the testator's death.

(b) If, at the time of the making of the testator's will, the testator believes any of the testator's children to be dead, and fails to provide for such child in the testator's will, the child shall receive a share in the estate of the testator equal in value to that which the child would have received if the testator had died intestate, unless it appears from the will or from other evidence that the testator would not have devised anything to such child had the testator known that the child was alive.

Formerly: Acts 1953, c.112, s.308. As amended by P.L.231-2019, SEC.6.
Ind. Code § 29-1-10-2 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-2
Letters; renouncing right
Status: in_force

Sec. 2. Any person entitled to letters testamentary or to general letters of administration may renounce his right thereto in writing, which renunciation shall be filed with the clerk.

Formerly: Acts 1953, c.112, s.1002.
Ind. Code § 29-3-14-1 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-1
"Supported decision making"
Status: in_force

Sec. 1. As used in this chapter, "supported decision making" refers to the process of supporting and accommodating an adult in the decision making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the adult.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-1-2-12.1 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-12.1
Constructive trust
Status: in_force

Sec. 12.1. (a) The following definitions apply throughout this section:

(1) "Culpable person" means any of the following:

(A) A person who:

(i) has been charged with causing an unlawful death; and

(ii) is found guilty, or guilty but mentally ill, on a charge of causing an unlawful death under a guilty plea or guilty verdict under IC 35-35-1 or IC 35-36-2.

(B) A person who is determined by a preponderance of the evidence in a civil action to have knowingly or intentionally caused an unlawful death.

(C) The estate of a person who:

(i) is described in clause (A) or (B); and

(ii) died after causing an unlawful death.

(2) "Decedent" means the victim of an unlawful death.

(3) "Unlawful death" means a death resulting from murder, voluntary manslaughter, or suicide caused by a person other than the decedent. The term includes a death resulting from an offense under IC 35-42-1-1, IC 35-42-1-2, or IC 35-42-1-3.

(b) A judgment of conviction is conclusive in a subsequent civil action to have a culpable person declared a constructive trustee under subsection (e).

(c) A culpable person is a constructive trustee of any property that is acquired by the culpable person or that the culpable person is entitled to receive as a result of an unlawful death, including the following:

(1) Property from a trust.

(2) Property from a transfer on death transfer under IC 32-17-14.

(3) Proceeds under a policy or certificate of life insurance on the life of the decedent, if the culpable person:

(A) is a beneficiary; and

(B) would otherwise be entitled to receive the proceeds;

under the policy or certificate.

(4) Proceeds under a policy or certificate of life insurance on the life of the culpable person, if the decedent:

(A) was a beneficiary; and

(B) would otherwise be entitled to receive the proceeds;

under the policy or certificate.

(5) The decedent's interest in joint tenancy property that would otherwise pass by survivorship to the culpable person as a result of the decedent's death.

(6) Property passing under a contractual agreement upon the decedent's death.

(d) If a culpable person dies after causing an unlawful death, life insurance proceeds that would otherwise be subject to a constructive trust under subsection (c)(3) or (c)(4) may be paid in the same manner as the life insurance proceeds would be paid if the culpable person had predeceased the decedent.

(e) A civil action may be initiated by an interested person to have a culpable person declared a constructive trustee of property that is acquired by the culpable person, or that the culpable person is otherwise entitled to receive as a result of an unlawful death. If a civil action is initiated under this subsection, the court shall declare that the culpable person is a constructive trustee of the property if by a preponderance of the evidence it is determined that the culpable person caused the unlawful death.

(f) If a constructive trust is established under this section, the property that is subject to the trust may be used only to benefit those persons, other than the culpable person and constructive trustee, legally entitled to the property, determined as if the constructive trustee had died immediately before the decedent. However, if any property that the constructive trustee acquired as a result of the unlawful death has been sold to an innocent purchaser for value who acted in good faith, that property is no longer subject to the constructive trust, but the property received from the purchaser under the transaction becomes subject to the constructive trust.

As added by P.L.147-1984, SEC.1. Amended by P.L.272-1985, SEC.1; P.L.238-2005, SEC.4; P.L.162-2022, SEC.5.
Ind. Code § 29-3-4-4 — Indiana Code / Title 29 / Article 3 / Chapter 4 / Section 29-3-4-4
Compensation; persons whose services benefited protected person or his or her property
Status: in_force

Sec. 4. If not otherwise compensated for services rendered, any guardian, attorney, physician, or other person whose services are provided in good faith and are beneficial to the protected person or the protected person's property is entitled to reasonable compensation and reimbursement for reasonable expenditures made on behalf of the protected person. These amounts may be paid from the property of the protected person as ordered by the court.

As added by P.L.169-1988, SEC.1.