Ind. Code § 29-1-17-2 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-2
Final accounts; decree of final distribution
Status: in_force

Sec. 2. (a) After the expiration of the time limit for the filing of claims, and after all claims against the estate, including state and federal inheritance and estate taxes, have been determined, paid, or provision made therefor, except contingent and unmatured claims which cannot then be paid, the personal representative shall, if the estate is in a condition to be closed, render a final account and at the same time petition the court to decree the final distribution of the estate.

(b) The final account must include a verified statement that the clerk of the court, the personal representative, or a previous personal representative, has done the following:

(1) Published notice to creditors as provided in IC 29-1-7-7(b), with the first publication occurring more than three (3) months before the date of the final account.

(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).

(c) Notice of the hearing of the petition shall be provided under IC 29-1-16-6.

(d) In its decree of final distribution, the court shall designate the persons to whom distribution is to be made, and the proportions or parts of the estate, or the amounts, to which each is entitled under the will and the provisions of this probate code, including the provisions regarding advancements, election by the surviving spouse, lapse, renunciation, adjudicated compromise of controversies, and retainer. Every tract of real property so distributed shall be specifically described therein. The decree shall find that all state and federal inheritance and estate taxes are paid, and if all claims have been paid, it shall so state; otherwise, the decree shall state that all claims except those therein specified are paid and shall describe the claims for the payment of which a special fund is set aside, and the amount of such fund. If any contingent claims which have been duly allowed are still unpaid and have not become absolute, such claims shall be described in the decree, which shall state whether the distributees take subject to them. If a fund is set aside for the payment of contingent claims, the decree shall provide for the distribution of such fund in the event that all or a part of it is not needed to satisfy such contingent claims. If a decree of partial distribution has been previously made, the decree of final distribution shall expressly confirm it, or, for good cause, shall modify said decree and state specifically what modifications are made.

(e) If a distributee dies before distribution to the distributee of the distributee's share of the estate, the distributee's share may be distributed to the personal representative of the distributee's estate, if there is one; or if no administration on the deceased distributee's estate is had and none is necessary according to IC 29-1-8, the share of the deceased distributee shall be distributed in accordance with IC 29-1-8.

(f) The decree of final distribution shall be a conclusive determination of the persons who are the successors in interest to the estate of the decedent and of the extent and character of their interest therein, subject only to the right of appeal and the right to reopen the decree. It shall operate as the final adjudication of the transfer of the right, title, and interest of the decedent to the distributees therein designated; but no transfer before or after the decedent's death by an heir or devisee shall affect the decree, nor shall the decree affect any rights so acquired by grantees from the heirs or devisees.

(g) Whenever the decree of final distribution includes real property, a certified copy thereof shall be recorded by the personal representative in every county of this state in which any real property distributed by the decree is located except the county in which the estate is administered. The cost of recording such decree shall be charged to the estate.

Formerly: Acts 1953, c.112, s.1702; Acts 1975, P.L.288, SEC.36. As amended by P.L.95-2007, SEC.11; P.L.163-2018, SEC.12; P.L.211-2019, SEC.3; P.L.50-2025, SEC.6.
Ind. Code § 29-1-1-5 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-5
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.105. Repealed by Acts 1971, P.L.407, SEC.2.
Ind. Code § 29-3-3-8 — Indiana Code / Title 29 / Article 3 / Chapter 3 / Section 29-3-3-8
Tenant's representative; administration
Status: in_force

Sec. 8. (a) A tenant's representative who accepts appointment under IC 32-31-1-23 may represent the tenant 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 will 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 set forth 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.7.
Ind. Code § 29-1-15-19 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-19
Irregularity or defect in proceedings; guardians; good faith purchasers
Status: in_force

Sec. 19. (a) No sale of any real estate made by a personal representative or guardian under the provisions of IC 29-1, shall be voided on account of any irregularity or defect in the proceedings, if it shall appear:

(1) that the sale was authorized by the court having the jurisdiction of the parties and the subject-matter;

(2) that notice of the time and place of sale was given in the manner provided by law; and

(3) that the premises were sold accordingly and are held by or under one who purchased them in good faith.

(b) No sale of any real estate, made by a personal representative pursuant to a power given him by any will, shall be voided on account of any irregularity or defect if it shall appear:

(1) that the personal representative acted in substantial conformity with the terms and conditions of the power given him by the will; and

(2) that the premises are held by or under one who purchased them in good faith.

(c) No sale involving real estate that is made by an unsupervised personal representative under IC 29-1-7.5 is voided on account of any irregularity or defect if it appears that:

(1) the personal representative acted in substantial conformity with the terms and conditions of the power given in IC 29-1-7.5; and

(2) the premises are held by or under one who purchased them in good faith.

Formerly: Acts 1953, c.112, s.1519. As amended by Acts 1978, P.L.132, SEC.10.
Ind. Code § 29-1-2-3 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-3
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.203. Repealed by Acts 1973, P.L.288, SEC.2.
Ind. Code § 29-3-8.5-2 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-2
Progress reports; final report
Status: in_force

Sec. 2. A volunteer advocates for seniors and incapacitated adults program shall submit to the court:

(1) a progress report thirty (30) days after the date of appointment describing:

(A) the matters required by the court; and

(B) the:

(i) current physical and mental condition;

(ii) residential placement;

(iii) person centered care plan; and

(iv) property, and any property related issues;

of the senior or the incapacitated adult;

(2) a progress report sixty (60) days after the date of appointment:

(A) describing the matters required by the court; and

(B) that includes a verified inventory describing the property, and any property related issues, of the incapacitated adult or senior;

(3) a progress report or final report ninety (90) days after the date of appointment:

(A) describing the matters required by the court;

(B) describing the person centered care plan; and

(C) making recommendations to the court as to whether the need continues to exist for the appointment of a guardian of the incapacitated adult or senior;

(4) an annual progress report on the anniversary date of the appointment if the appointment of the volunteer advocate is continued by the court for more than one (1) year:

(A) describing the matters required by the court;

(B) describing the:

(i) current physical and mental condition;

(ii) residential placement;

(iii) person centered care plan; and

(iv) property, and any property related issues;

of the senior or the incapacitated adult; and

(C) making recommendations to the court as to whether the need continues to exist for the appointment of a guardian of the incapacitated adult or senior; and

(5) upon the death of the incapacitated person, a final report and financial accounting:

(A) describing the incapacitated person's:

(i) final physical and mental condition;

(ii) cause of death;

(iii) last residential placement; and

(iv) final burial arrangements;

(B) stating the actions taken by the program regarding the:

(i) person's care and custody; and

(ii) preservation of the person's property;

(C) making recommendations to the court to close the guardianship of the person; and

(D) containing all other matters required by the court.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.3; P.L.72-2010, SEC.6; P.L.4-2020, SEC.6.
Ind. Code § 29-3-8-5 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-5
Sale or encumbrance of guardianship property; conflicts of interest
Status: in_force

Sec. 5. (a) Any:

(1) sale or encumbrance of any part of the property of a protected person to a guardian or guardian's spouse, agent, attorney, or any corporation, trust, or other organization in which the guardian has a substantial beneficial interest; or

(2) other transaction involving the property that is affected by a substantial conflict between the interest of the protected person and the guardian's personal interest;

is void unless approved by the court.

(b) Every contract, sale, or conveyance executed by a protected person is void unless the protected person is a minor, in which event the contract, sale, or conveyance is voidable.

As added by P.L.169-1988, SEC.1. Amended by P.L.238-2005, SEC.15.
Ind. Code § 29-1-19-13 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-13
Investment of funds
Status: in_force

Sec. 13. Every guardian shall invest the surplus funds of the estate of the protected person, in which investment the guardian has no interest, and only as provided in this section:

(1) In bonds or notes constituting the direct and general obligations of the United States, or of a state that has not at any time during the ten (10) years next preceding the date of the investment defaulted in payment of the principal or interest on any bonds or notes by it issued, or in bonds, the payment of which, both principal and interest, is guaranteed by the United States.

(2) In bonds or notes that are the direct and general legal obligations of a county, city, or town in this state, and which also at the date of the investment has the power to levy general taxes sufficient for the payment of principal and interest on the obligations, if the issuer of the obligation has not defaulted in payment of principal or interest due upon any of its bonds or notes at any time during the ten (10) years next preceding the date of the investment.

(3) After prior order of the court, upon application, in the legally issued notes or bonds of the owner of improved unencumbered real property in this state, secured by first mortgage or deed of trust. The total debt secured by the encumbrance may not exceed fifty percent (50%) of the cash market value of the real property at the time of the investment, and, if buildings or other improvements constitute a material part of the value of the premises encumbered to secure the indebtedness, they shall be kept insured against loss or damage by fire, in a reasonable amount for the benefit of the owners of the notes or bonds. Before making any investment, a signed application shall be procured from the borrower, that shall contain the information required by the lender, and that shall contain a complete description of the real estate, including improvements and an affirmative statement that the proposed borrower is the owner of the entire fee simple title to the real estate and improvements, that they are free of every encumbrance or lien of any character, or if not, a statement of any existing encumbrance or other liens, and specific authorization to the lender to withhold from the proposed loan the necessary sum to discharge and procure the release of any encumbrances or other liens. The release shall be procured and filed for record prior to or contemporaneously with the making of the loan. The proposed borrower shall also furnish with the application an abstract or certificate of title, which shall be completed to the time of closing the loan. The guardian proposing to make a loan or purchase any notes or bonds shall exhibit to the court with the application for approval the opinion of a qualified attorney at law, satisfactory to the court, which opinion shall show that the attorney has examined the title or certificate of title and that it is the opinion of the attorney that the proposed borrower has good title to the property to be encumbered, and that the proposed encumbrance will constitute a first lien on the property. In addition, the guardian shall file with the court satisfactory written evidence that the cash market value of the property to be encumbered is in accordance with the requirements of this subsection. If the guardian purchases notes or bonds previously issued, the attorney's examination and opinion shall also disclose whether the proposed transferor has and will pass to the guardian good title together with the liens securing the notes or bonds. Except loans insured by the federal housing administrator, the guardian is not authorized to loan or invest money upon the security of a real estate mortgage or trust deed which secures any principal indebtedness other than to the protected person's estate, and in the case of a minor the maturity of any indebtedness to the minor secured by real estate mortgage or trust deed shall not be later than the date on which the minor will attain the age of majority. Any investment made by a guardian in any of the securities enumerated shall not be transferred, liquidated, or disposed of, except upon petition filed for that purpose and an order of court obtained.

(4) In shares of a federal savings and loan association organized under the Home Owners' Loan Act of 1933, (12 U.S.C. 1461 through 1468), as in effect on December 31, 1990, or any building or savings and loan association whose principal place of business is located in Indiana whose accounts are insured by the Federal Deposit Insurance Corporation as provided in 12 U.S.C. 1811 through 1833e, as in effect on December 31, 1990. No shares may be purchased in excess of the amount of insurance protection afforded a member or investor of any such institution.

(5) In savings deposits in any bank whose principal place of business is located in Indiana.

Formerly: Acts 1953, c.112, s.2013; Acts 1957, c.223, s.1. As amended by Acts 1982, P.L.1, SEC.53; P.L.33-1989, SEC.48; P.L.8-1991, SEC.32.
Ind. Code § 29-2-6-1 — Indiana Code / Title 29 / Article 2 / Chapter 6 / Section 29-2-6-1
Distribution of estates; bond; trustee appointed
Status: in_force

Sec. 1. When any resident of this state shall have absented himself from his usual place of residence and gone to parts unknown for a space of five (5) years, and when, in such case, thirty (30) days' notice shall have been given to such person by publication in a newspaper of general circulation published at the capital of the state, and also in a paper published in the county where he last resided in such state, if there be any, it shall be presumed and taken by the court having probate jurisdiction in the county where such person last resided, or any county of said state where trust funds or an interest therein have been left to such person, as hereinafter set out, that such person is dead, upon presentation of proper proof of such absence and of publication of notice. Any interest any such absentee would have in any property under and by the terms of any will shall be administered upon by the executor of such will the same as though such person were in fact dead; and where, by the terms of any will, a trust has been created in favor of such absentee, such trust shall be terminated and the executor of such will or the trustee in charge of said trust funds shall administer and dispose of such funds as are provided in such will upon the death of the cestui que trust: Provided, however, That before any distribution of any such trust funds shall be made to the person or persons entitled to receive the same, 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, with interest, on demand of said cestui que trust, said bond to run and be enforced for the period of three (3) years from the date of the judgment of the court declaring said absentee legally dead, and if, during said period of three (3) years, the absentee shall not appear and demand any rights he may have in said trust, 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 and his rights in said trust within said period of three (3) years, the court shall order the money so held by such trustee so appointed by said court to be paid to the person or persons entitled to it absolutely. The provisions of this section shall apply to all pending and future administrations of trust funds left to absentees.

Formerly: Acts 1915, c.43, s.1.
Ind. Code § 29-3-1-15 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-15
"Support"
Status: in_force

Sec. 15. "Support" means care, maintenance, and education or training, if appropriate.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-21-6 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-6
"Form vendor"; instructions to signatory
Status: in_force

Sec. 6. (a) As used in this section, "form vendor" means any person who provides a testator with an electronic will form or a user interface for creating, completing, or executing an electronic will. The term includes:

(1) an attorney who prepares an electronic will for a testator; and

(2) any vendor or licensor of estate planning software of digital estate planning forms.

(b) It is consistent with best practices to provide the following advisory instruction with each electronic will:

"IMPORTANT Instructions to the Person Signing an Electronic Will

A. The procedure for proper execution (electronic signing and witnessing) of your electronic will is as follows:

(1) You (the testator) and the two (2) attesting witnesses must be able to interact with each other in real time throughout the execution process and the witnesses must be able to observe you and each other as your electronic will is being signed. Effective on and after __________, 2021 and on or after March 31, 2020 in some situations covered by emergency orders of the Indiana Supreme Court, Indiana law has permitted attesting witnesses to observe or participate in the signing process from a location that is apart or separate from the testator's location and to act as witnesses through use of remote audio, remote visual, or remote audiovisual software or technology.

(2) Both attesting witnesses must be adults and should not be individuals who will be gifted money or other property under the terms of your electronic will. If a witness named in the electronic will is named as a beneficiary or legatee or entitled to money or property under the terms of the electronic will, the beneficiary or legatee named in the electronic will may only receive money, property, or shares reserved for them under state intestacy laws.

(3) You, as the testator, must inform the attesting witnesses that the document you will be signing is your will.

(4) You (the testator) and the two (2) attesting witnesses may use the same computer or device or different computers and devices to make your respective electronic signatures on the electronic will.

(5) The online user interface or software application for your will may require you and the attesting witnesses to use a password, validation code, token, or other security feature in order to prevent identity theft or impersonation and permanently link each of you, as individuals, to your respective electronic signatures.

(6) You (the testator) and the two (2) attesting witnesses should follow the instructions provided by the online user interface or software application when making your respective electronic signatures on your electronic will. You (the testator) should electronically sign the electronic will first followed by each of the attesting witnesses. If you (the testator) are physically unable to type, press keys, or otherwise enter commands on the computer or device being used to electronically sign the electronic will, you may instruct another adult who is not an attesting witness to enter your electronic signature on your electronic will for you. Any individual who enters or makes your electronic signature on your electronic will on your behalf must do so in your presence. For this purpose, and on and after _______, 2021, the requirement of presence is satisfied by use of any two-way audiovisual communication method that allows you and the witnesses to interact and observe each other in real time as described in subdivision (1).

(7) The software application or online user interface may create a date and time stamp for your electronic signature and for the electronic signature of each attesting witness.

(8) The execution of your electronic will is complete after you and the attesting witnesses have completed making your electronic signatures by clicking or executing a command that saves or submits your respective electronic signatures in the software application or online interface.

(9) You are strongly encouraged to save a complete copy of your electronic will in a portable and printable format. An electronic will preserved in this manner should include all information related to the execution process of your electronic will, including information that is compiled or stored by the software application or online user interface. The related information described in this subdivision should be viewable and printable as a self-contained and permanent part of the electronic record for your electronic will.

B. If you used a software application or an online user interface to generate, finalize, and sign your electronic will, the software or user interface may also offer you the ability to securely store the electronic record of your electronic will. You may be required to create or establish a user identification, password, or other security feature in order to store the electronic record of your electronic will in this way. You should carefully safeguard your user identification, password, security questions, and personal information used to securely save or store your electronic will. The information that you are being asked to safeguard will likely be required in order to:

(1) generate;

(2) replace;

(3) retrieve; or

(4) revoke;

your electronic will at a later date.

C. The only proper and valid way for you to revoke your electronic will is to:

(1) sign a new electronic will or a traditional paper will that revokes all previous wills executed by you; or

(2) permanently and irrevocably make unreadable and nonretrievable the electronic record for your electronic will.

If you are holding the electronic record for your electronic will on your own computer or digital storage device and not making use of a third party custodian or online storage or cloud based document storage service to store or safeguard your electronic will, you may personally delete permanently or make unreadable the electronic record associated with your electronic will. Before doing so, you are encouraged to make and save a printable, permanent copy of the complete electronic record associated with your electronic will, including any related information pertaining to the execution or signing process of your electronic will, so that the contents of your revoked electronic will may be discovered later by a probate court or any other interested persons in the event of a dispute concerning the validity of any later will that you decide to make.

If you are making use of a third party custodian or online or cloud based document storage service to store or safeguard your electronic will, the valid revocation of your electronic will requires you to personally issue a written or electronic revocation document to each third party custodian who has custody of a copy of the electronic record associated with your electronic will. A valid revocation document must instruct the custodian to permanently delete or make unreadable and nonretrievable the electronic record associated with your electronic will. A valid revocation document must be signed by you and two (2) attesting witnesses while following the same procedures required for the execution of a new traditional paper will or new electronic will.".

(c) A failure to provide the text of the advisory instruction in subsection (b) does not affect the validity of the electronic will if the electronic will is otherwise properly executed in the manner set forth in this chapter.

(d) A failure to provide the advisory instruction described in subsection (b) may not be the predicate for any form of civil or other liability.

As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.10.
Ind. Code § 29-1-14-10 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-10
Allowance; disallowance; expenses of administration
Status: in_force

Sec. 10. (a) On or before three (3) months and fifteen (15) days after the date of the first published notice to creditors, the personal representative shall allow or disallow each claim filed not later than three (3) months after the date of the first published notice to creditors, and as to any claim filed not later than nine (9) months after the decedent's death by a claimant (other than the United States, the state, or a subdivision of the state) who did not receive notice of administration under IC 29-1-7-7, the personal representative shall allow or disallow the claim not later than fifteen (15) days after the date of filing of the claim.

(b) The personal representative shall allow or disallow each claim filed by the United States, the state, or a subdivision of the state on or before the later of:

(1) three (3) months and fifteen (15) days after the first published notice to creditors; or

(2) fifteen (15) days after the date on which the United States, the state, or a subdivision of the state filed the claim.

(c) The personal representative shall make appropriate notations on the margin of the claim and allowance docket showing the action taken as to the claim, or, in a jurisdiction that has implemented electronic filing, by making appropriate notations of the action taken as to the claim according to rules established by the Indiana supreme court, or if the Indiana supreme court adopts no rule regarding the notations, then by local rules established by the court where the claim is filed.

(d) If a personal representative determines that the personal representative should not allow a claim in full, the claim shall be noted "disallowed". The clerk of the court shall give written notice to a creditor if a claim has been disallowed in full or in part. In a jurisdiction that has implemented electronic filing, written notice to a creditor concerning a disallowed claim, in full or in part, shall be given according to rules established by:

(1) the Indiana supreme court; or

(2) local rules established by the local court where the claim is filed if rules from the Indiana supreme court have not yet been promulgated.

(e) All claims that are disallowed, or are neither allowed nor disallowed within the deadlines provided in subsection (a) or (b), shall be set for trial in the probate court upon the petition of either party to the claim. The personal representative shall make an appropriate notation of any compromise or adjustment on the margin of the claim and allowance docket, or in a jurisdiction that has implemented electronic filing, by making appropriate notations of the action taken as to the claim according to rules established by the Indiana supreme court, or if the Indiana supreme court adopts no rule regarding the notations, then by local rules established by the court where the claim is filed. If the personal representative, after allowing a claim and before paying it, determines that the claim should not have been allowed, the personal representative shall change the notation on the claim and allowance docket from "allowed" to "disallowed" and give written notice to the creditor. If a claim has been paid in full or in part, the creditor shall:

(1) release the claim to the extent that the claim has been paid; and

(2) give written notice to the clerk of the court of the release.

(f) Claims for expenses of administration may be allowed upon application of the claimant or of the personal representative, or may be allowed at any accounting, regardless of whether or not they have been paid by the personal representative.

Formerly: Acts 1953, c.112, s.1410; Acts 1975, P.L.288, SEC.24. As amended by P.L.154-1990, SEC.10; P.L.252-2001, SEC.19; P.L.163-2018, SEC.10; P.L.231-2019, SEC.17.
Ind. Code § 29-1-14-14 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-14
Petitions; defend claims; objections to payment
Status: in_force

Sec. 14. (a) In all cases when a claim is filed against the estate, and before it is paid, any person interested in the estate, upon written petition to the court, shall be allowed, at his expense, to defend such claim, and until such claim is adjudicated the personal representative shall not pay the same.

(b) In all cases when a claim against the estate is paid by the personal representative, without payment thereof having been ordered by the court, whether or not such claim has been filed, any person interested in the estate may raise whatever objections he may have to the payment of such claim by filing his objections to the next account of the personal representative, as provided in IC 29-1-16-7.

Formerly: Acts 1953, c.112, s.1414. As amended by Acts 1982, P.L.171, SEC.40.
Ind. Code § 29-1-7.5-6 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-6
Claims against personal representatives; limitation
Status: in_force

Sec. 6. Unless previously barred by adjudication and except as provided in the closing statement, all claims against the personal representative, including claims by a person under a disability, are barred unless a proceeding to assert the same is commenced within three (3) months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.

Formerly: Acts 1975, P.L.288, SEC.11. As amended by Acts 1978, P.L.132, SEC.4.
Ind. Code § 29-1-7-14 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-14
Certificate of probate; evidence
Status: in_force

Sec. 14. When proved as herein provided, every written will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the court of such order of probate, which certificate shall give the number and page of the will record where it is recorded. If for any reason a written will is not in the custody of the court, or if the will is oral, the court shall find the contents thereof, and the order admitting the will to probate shall state the contents and a certificate shall be annexed as above provided. Every will certified as herein provided, or the record thereof, or a duly certified transcript of the record, may be read in evidence in all the courts within this state without further proof.

Formerly: Acts 1953, c.112, s.714.
Ind. Code § 29-1-1-12 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-12
Service of notice
Status: in_force

Sec. 12. (a) Unless waived and except as otherwise provided by law, all notices required by this article to be served upon any person shall be served as the court shall direct by rule or in a particular case, by:

(1) delivering a copy of the notice to the person or by leaving a copy of the notice at the person's last and usual place of residence, at least ten (10) days before the hearing, if the person is a resident of the state of Indiana;

(2) publication, if the person is a nonresident of the state of Indiana or if the person's residence is unknown, once each week for three (3) weeks consecutively in a newspaper printed and circulating in the county where the court is held, the first day of publication to be at least thirty (30) days prior to the date set for hearing; or in case there is no newspaper printed in the county, then in a newspaper circulating in the county where the proceeding is pending, and designated by the judge or clerk;

(3) first class postage prepaid mail addressed to the person located in the United States, at the person's address stated in the petition for the hearing, to be posted by depositing in any United States post office in this state at least fourteen (14) days prior to the date set for hearing in the notice;

(4) personal service on nonresidents to be served by any officer authorized to serve process in the county of the nonresident, which notice shall be served at least fourteen (14) days prior to the date set for hearing in such notice; or

(5) any combination of two (2) or more of the above.

(b) In all cases where service by publication is ordered but personal service or service by registered mail is not ordered, all persons directed by the provisions of this article, or by order of the court, to be notified, whose names and addresses are known or can by reasonable diligence be ascertained by the party charged with the duty of giving notice, shall in addition to the published notice required by order, be served by a written notice by United States first class postage prepaid mail at least fourteen (14) days prior to the date set for hearing in the notice.

Formerly: Acts 1953, c.112, s.112; Acts 1955, c.258, s.1; Acts 1961, c.50, s.2. As amended by Acts 1982, P.L.171, SEC.6; P.L.118-1997, SEC.8; P.L.95-2007, SEC.3; P.L.162-2022, SEC.2.
Ind. Code § 29-1-10-15.5 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-15.5
Wrongful death; special administrator; appointment; objection
Status: in_force

Sec. 15.5. (a) Upon the filing of a petition for the appointment of a special administrator for the sole purpose of pursuing a claim for the decedent's wrongful death, hearing and notice shall be had as set forth in this section.

(b) The court or clerk shall set a date by which all objections or petitions for an alternate appointment must be filed in writing, and the clerk shall give notice to all interested persons that a petition for appointment of a special administrator to pursue a claim for decedent's wrongful death has been filed and will be acted upon by the court on the date set unless written objections or requests for an alternate special administrator are presented to the court on or before that date.

(c) In the petition for appointment as special administrator, the petitioner shall identify the names and addresses of all persons potentially interested in the wrongful death claim whose names and addresses are known to the petitioner or may by reasonable diligence be ascertained. The petitioner shall provide sufficient copies of the notice described in subsection (b), prepared for mailing to the clerk. The clerk shall send a copy of the notice by ordinary mail to each of such interested persons at least thirty (30) days prior to the hearing date. Any interested person may waive the service by mail of this notice. Neither a notice nor a hearing is required if all persons entitled to notice waive in writing the service of notice by mail and consent to the appointment of the special administrator without a hearing.

(d) If a person interested in the wrongful death claim is unknown or cannot be located, the petitioner may give notice by one (1) publication in a newspaper of general circulation, published in the county in which the petition is pending.

(e) The deadline for filing an objection or request for an alternate special administrator is fourteen (14) days before the hearing date. The notice described in subsections (b) and (c) shall state that objections or a request for an alternate special administrator must be filed in writing at least fourteen (14) days before the hearing date.

As added by P.L.162-2022, SEC.11.
Ind. Code § 29-1-21-5 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-5
Recordings; photographs; admissibility
Status: in_force

Sec. 5. Subject to the applicable Indiana Rules of Evidence and the Indiana Rules of Trial Procedure, a video recording, one (1) or more photographs, or an audio recording of part or all of an electronic will's execution or a video recording of a testator either before or after the execution of an electronic will may be admissible as evidence of the following:

(1) The proper execution of an electronic will in compliance with section 4 of this chapter.

(2) The intentions of the testator.

(3) The mental state or capacity of the testator.

(4) The absence of undue influence or duress with respect to the testator.

(5) Verification of the testator's identity.

(6) Evidence that a complete converted copy of an electronic will should be admitted to probate.

(7) Whether a will whose execution failed to fully comply with section 4 of this chapter should be admitted to probate as a valid traditional paper will.

(8) Any other matter the court considers relevant to the probate of an electronic will.

As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.9.
Ind. Code § 29-2-19-9 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-9
Funeral planning declaration; declarant's preferences
Status: in_force

Sec. 9. A declaration may specify the declarant's preferences concerning any of the following:

(1) The disposition of the declarant's remains after the declarant's death.

(2) Who may direct the disposition of the declarant's remains.

(3) Who may provide funeral services after the declarant's death.

(4) The ceremonial arrangements to be performed after the declarant's death.

(5) The merchandise that the declarant prefers for the disposition of the declarant's remains and any ceremonial arrangements.

(6) Who may direct the ceremonial arrangements to be performed after the declarant's death.

(7) A grave memorial.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-1-10-11 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-11
Joint representatives; powers; voting shares of stock
Status: in_force

Sec. 11. (a) Where powers possessed by two (2) or more personal representatives are to be exercised by them jointly, the will of the majority shall control the manner in which such power shall be exercised unless the will otherwise provides.

Where the personal representatives, or a majority of them, cannot agree, or where they are equally divided upon the manner in which such power shall be exercised, other than in the voting of shares of stock, the court shall, upon petition filed by any of such personal representatives or by any party in interest, direct the manner in which such power shall be exercised, and such power shall be exercised only in accordance with such direction.

(b) Shares of stock held by personal representatives may be voted by the personal representatives in such manner as the instrument or order appointing such personal representatives may direct. In the absence of such direction or the inability of the personal representatives to act in accordance therewith, the following provisions shall apply:

(1) Where shares of stock are held jointly by two (2) or more personal representatives, such shares shall be voted in accordance with the will of the majority.

(2) Where the personal representatives or a majority of them cannot agree, or where they are equally divided upon the question of voting such shares of stock, the court shall, upon petition filed by any of such personal representatives or by any party in interest, direct the voting of such shares as it may deem for the best interest of the beneficiaries, and such shares shall be voted in accordance with such direction.

Formerly: Acts 1953, c.112, s.1011.
Ind. Code § 29-1-10-3 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-3
Letters; issuance; conditions
Status: in_force

Sec. 3. Letters testamentary, of administration, of administration with the will annexed, de bonis non, and all other letters special or otherwise, shall be issued to the person entitled to receive the same when:

(a) Said person, if an individual, has taken and subscribed before the clerk or any other officer authorized to administer oaths, an oath or affirmation that he will faithfully discharge the duties of his trust according to law and has given such bond as may be required and the bond has been approved by the court.

(b) Some officer of the corporation, if the person is a corporation, has taken and subscribed before the clerk or any other officer authorized to administer oaths, an oath or affirmation that said bank or trust company will faithfully discharge the duties of its trust according to law, has filed an acceptance of the appointment, duly executed and acknowledged by one (1) of its officers and, if a bond is required to be filed by it, shall have filed such bond as may be required and the bond shall have been approved by the court. The oath and, if a bank or trust company, also the acceptance shall be filed and recorded as a part of the proceedings of the estate.

Formerly: Acts 1953, c.112, s.1003; Acts 1971, P.L.407, SEC.1.
Ind. Code § 29-2-16.1-9 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-9
Anatomical gift documents; amendments; revocations
Status: in_force

Sec. 9. (a) A person authorized to make an anatomical gift under section 8 of this chapter may make an anatomical gift by a document or may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication.

(b) Subject to subsection (c), an anatomical gift by a person authorized under section 8 of this chapter may be amended or revoked orally or in a record by any member of a prior class who is reasonably available. If more than one (1) member of the prior class is reasonably available, the gift made by a person authorized under section 8 of this chapter may be:

(1) amended only if a majority of the reasonably available members agree to the amending of the gift; or

(2) revoked only if a majority of the reasonably available members agree to the revoking of the gift or if they are equally divided as to whether to revoke the gift.

(c) A revocation under subsection (b) is effective only if, before an incision has been made to remove a part from the donor's body or before invasive procedures have begun to prepare the recipient, the procurement organization, transplant hospital, or physician or technician knows of the revocation.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-1-4-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 4 / Section 29-1-4-0.1
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 1 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.252-2001 apply to the estate of an individual who dies after June 30, 2001.

As added by P.L.220-2011, SEC.468.
Ind. Code § 29-1-15-8 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-8
Petition; stock; bonds; securities
Status: in_force

Sec. 8. A personal representative may sell, mortgage or lease any personal property belonging to the estate upon filing a petition setting forth the reasons therefor and describing the property involved. The petition shall be heard without notice unless the court shall otherwise direct. After hearing the petition, the court may order the sale, mortgage or lease of the property described or any part thereof, at either public or private offering and upon such terms and conditions as the court may deem best for the interests of the estate. Where any part of the personal property consists of the corporate stocks, bonds or other securities of any corporation, public or private, which are listed or admitted to trading on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Coast Stock Exchange, or any other recognized stock exchange, or of securities which are obligations of the government of the United States, any of such securities may be sold for cash at the market price thereof at the time of sale whether such price be more or less than the appraised or inventoried value of such securities, and without notice and without any requirement for the reappraisement of such securities.

Formerly: Acts 1953, c.112, s.1508; Acts 1961, c.50, s.1.
Ind. Code § 29-1-10-8 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-8
Successor representatives; rights and powers
Status: in_force

Sec. 8. When a successor personal representative or an administrator with the will annexed is appointed, the person shall have all the rights and powers of the person's predecessor or of the executor designated in the will, except that the person shall not exercise powers given in the will which by its terms are personal to the executor designated in the will.

Formerly: Acts 1953, c.112, s.1008. As amended by P.L.136-2018, SEC.216.
Ind. Code § 29-1-14-7 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-7
Contingent claims; payment; bond of distributee
Status: in_force

Sec. 7. Contingent claims which cannot be allowed as absolute debts shall, nevertheless, be filed in the court. If allowed as a contingent claim, the allowance shall state the nature of the contingency. If such claim shall become absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class. In all other cases the court may provide for the payment of contingent claims in any one of the following methods.

(a) The creditor and personal representative may determine, by agreement, arbitration or compromise, the value thereof, according to its probable present worth, and upon approval thereof by the court, it may be allowed and paid in the same manner as an absolute claim.

(b) The court may order the personal representative to make distribution of the estate but to retain in his hands sufficient funds to pay the claim if and when the same becomes absolute; but for this purpose the estate shall not be kept open longer than two (2) years after distribution of the remainder of the estate has been made; and if such claim has not become absolute within that time, distribution shall be made to the distributees of the funds so retained, after paying any costs and expenses accruing during such period and such distributees shall be liable to the creditor to the extent of the estate received by them, if such contingent claim thereafter becomes absolute. When distribution is so made to distributees, the court may require such distributees to give bond for the satisfaction of their liability to the contingent creditor.

(c) The court may order distribution of the estate as though such contingent claim did not exist, but the distributees shall be liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute; and the court may require such distributees to give bond for the performance of their liability to the contingent creditor.

Formerly: Acts 1953, c.112, s.1407.
Ind. Code § 29-3-13-2 — Indiana Code / Title 29 / Article 3 / Chapter 13 / Section 29-3-13-2
Filings concerning a foreign guardianship of the property of a minor; registration of the letters of office of a foreign guardian for an adult
Status: in_force

Sec. 2. (a) This subsection applies to a guardianship of the property of a minor. If no guardian has been appointed, and no petition in a guardianship proceeding is pending in Indiana, a guardian appointed by a court of another state in which the minor is domiciled may file, with an Indiana court in a county in which property belonging to the minor is located, an authenticated copy of the guardian's appointment and a bond that meets the requirements of IC 29-3-7-1 with respect to that part of the property of the minor that is located in that county. After filing the copy and bond, the foreign guardian may exercise as to the property of the minor in that county in Indiana all powers of a guardian in Indiana and may maintain actions and proceedings in Indiana.

(b) In the case of an incapacitated person who is an adult (as defined in IC 29-3.5-1-2(1)), a foreign guardian for that adult may register certified copies of the guardian's letters of office and order of appointment under IC 29-3.5-4.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.82; P.L.178-2011, SEC.8.
Ind. Code § 29-1-2-13 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-13
Waiver; intestate share
Status: in_force

Sec. 13. (a) The intestate share or other expectancy to which the spouse or any other heir is entitled may be waived at any time by a written contract, agreement or waiver signed by the party waiving such share or expectancy. The promise of marriage, in the absence of fraud, is sufficient consideration in the case of an agreement made before marriage. In all other cases such contract, an agreement or waiver is binding upon the parties to the agreement if executed after a full disclosure of the nature and extent of such right, and if the thing or promise given to such party is a fair consideration under all the circumstances.

(b) Except as otherwise provided in the agreement, a waiver executed by the decedent's spouse is considered a waiver of the right to elect to take against the decedent's will. The written agreement may be filed in the same manner as is provided for the filing of an election under IC 29-1-3-3.

Formerly: Acts 1953, c.112, s.213. As amended by Acts 1982, P.L.171, SEC.13; P.L.283-1987, SEC.2; P.L.5-1988, SEC.155.
Ind. Code § 29-1-14-17 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-17
Personal representative claims
Status: in_force

Sec. 17. (a) Whenever a claim in favor of a personal representative against the estate the personal representative represents that accrued before the death of the decedent is filed against an estate, with the affidavit of the claimant attached, the claim shall not be acted upon by the personal representative unless all interested persons who would be affected by the allowance of the claim consent in writing to it. If all interested persons do not consent to the payment of that claim, the judge shall appoint a special personal representative who shall examine the nature of the claim. If the special personal representative determines that the claim is just, the special personal representative shall allow the claim. If the special personal representative believes it is in the best interests of the estate to oppose the claim, the special personal representative may:

(1) employ counsel to represent the special personal representative;

(2) disallow the claim; and

(3) ask the court to set the claim for trial.

The special personal representative and the special personal representative's counsel shall be paid out of the estate fees for services that the court determines reasonable and appropriate.

(b) Claims of personal representatives shall not be deemed civil actions or proceedings for the purpose of determining court costs, unless the court arranges for active opposition provided in this section.

Formerly: Acts 1953, c.112, s.1417. As amended by Acts 1978, P.L.132, SEC.8; P.L.118-1997, SEC.22.
Ind. Code § 29-3-1-16 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-16
Repealed
Status: repealed

As added by P.L.41-2004, SEC.1. Amended by P.L.72-2010, SEC.2. Repealed by P.L.4-2020, SEC.2.
Ind. Code § 29-1-19-10 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-10
Accounting by guardian; notice; hearing
Status: in_force

Sec. 10. (a) Every guardian who has received or shall receive money or other things of value from the Department shall file with the court biennially within thirty (30) days following the anniversary date of the appointment, in addition to other accounts as required by the court, a full, true, and accurate account under oath of all money or other things of value received by the guardian, all earnings, interest, or profits derived from the estate, all property acquired with the estate and of all disbursements from the estate, and showing the balance at the date of the account and how it was invested.

(b) The guardian, at the time of filing any account, shall exhibit all securities or investments held by the guardian to an officer of the bank or other depository wherein the securities or investments are held for safekeeping or to an authorized representative of the corporation which is surety on the guardian's bond, or to the judge or clerk of a court in this state, or, upon request of the guardian or other interested party, to any other reputable person designated by the court, who shall certify in writing that the person has examined the securities or investments and identified them with those described in the account, and shall note any omissions or discrepancies. If the depository is the guardian, the certifying officer shall not be the officer verifying the account. The guardian may exhibit the securities or investments to the judge of the court, who shall endorse on the account and the copy of the account a certificate that the securities or investments shown as held by the guardian were each in fact exhibited to the judge and that those exhibited were the same as those shown in the account, and noting any omission or discrepancy. That certificate and the certificate of an official of the bank in which are deposited any funds for which the guardian is accountable, showing the amount on deposit, shall be prepared and signed in duplicate, and one (1) of each shall be filed by the guardian with the account.

(c) At the time of filing in the court any account, a certified copy of the account and a signed duplicate of each certificate filed with the court shall be sent by the guardian to the office of the Department having jurisdiction over the area in which the court is located. A signed duplicate or a certified copy of a petition, motion, or other pleading, pertaining to an account, or to any matter other than an account, and which is filed in the guardianship proceedings or in any proceeding for the recognition that an individual is no longer a minor or an incapacitated person shall be furnished by the person filing the petition, motion, or pleading to the proper office of the Department. Unless hearing is waived in writing by the attorney of the Department, and by all other persons entitled to notice, the court shall fix a time and place for the hearing on the account, petition, motion, or other pleading not less than fifteen (15) days nor more than thirty (30) days from the date filed, unless a different available date is stipulated in writing. Unless waived in writing, written notice of the time and place of hearing shall be given the Department office concerned, the guardian, and any others entitled to notice not less than fifteen (15) days prior to the date fixed for the hearing. The notice may be given by mail, in which event it shall be deposited in the mail not less than fifteen (15) days prior to the date specified. The court, or clerk of the court, shall mail to the Department office a copy of each order entered in any guardianship proceeding in which the administrator is an interested party.

(d) If the guardian is accountable for property derived from sources other than the Department, the guardian shall be accountable as required under the applicable law of this state pertaining to the property of minors or incapacitated persons who are not beneficiaries of the Department, and the guardian is entitled to the compensation provided by law for administering the other property. The account for other property may be combined with the account filed in accordance with this section.

Formerly: Acts 1953, c.112, s.2010; Acts 1971, P.L.413, SEC.2. As amended by P.L.33-1989, SEC.47.
Ind. Code § 29-1-2-1 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-1
Estate distribution
Status: in_force

Sec. 1. (a) The estate of a person dying intestate shall descend and be distributed as provided in this section.

(b) Except as otherwise provided in subsection (c), the surviving spouse shall receive the following share:

(1) One-half (1/2) of the net estate if the intestate is survived by at least one (1) child or by the issue of at least one (1) deceased child.

(2) Three-fourths (3/4) of the net estate, if there is no surviving issue, but the intestate is survived by one (1) or both of the intestate's parents.

(3) All of the net estate, if there is no surviving issue or parent.

(c) If the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving the decedent a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall take only an amount equal to twenty-five percent (25%) of the remainder of:

(1) the fair market value as of the date of death of the real property of the deceased spouse; minus

(2) the value of the liens and encumbrances on the real property of the deceased spouse.

The fee shall, at the decedent's death, vest at once in the decedent's surviving child or children, or the descendants of the decedent's child or children who may be dead. A second or subsequent childless spouse described in this subsection shall, however, receive the same share of the personal property of the decedent as is provided in subsection (b) with respect to surviving spouses generally.

(d) The share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows:

(1) To the issue of the intestate, if they are all of the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degrees shall take by representation.

(2) Except as provided in subsection (e), if there is a surviving spouse but no surviving issue of the intestate, then to the surviving parents of the intestate.

(3) Except as provided in subsection (e), if there is no surviving spouse or issue of the intestate, then to the surviving parents, brothers, and sisters, and the issue of deceased brothers and sisters of the intestate. Each living parent of the intestate shall be treated as of the same degree as a brother or sister and shall be entitled to the same share as a brother or sister. However, the share of each parent shall be not less than one-fourth (1/4) of the decedent's net estate. Issue of deceased brothers and sisters shall take by representation.

(4) If there is no surviving parent or brother or sister of the intestate, then to the issue of brothers and sisters. If the distributees described in this subdivision are all in the same degree of kinship to the intestate, they shall take equally or, if of unequal degree, then those of more remote degrees shall take by representation.

(5) If there is no surviving issue or parent of the intestate or issue of a parent, then to the surviving grandparents of the intestate equally.

(6) If there is no surviving issue or parent or issue of a parent, or grandparent of the intestate, then the estate of the decedent shall be divided into that number of shares equal to the sum of:

(A) the number of brothers and sisters of the decedent's parents surviving the decedent; plus

(B) the number of deceased brothers and sisters of the decedent's parents leaving issue surviving both them and the decedent;

and one (1) of the shares shall pass to each of the brothers and sisters of the decedent's parents or their respective issue per stirpes.

(7) If interests in real estate go to a husband and wife under this subsection, the aggregate interests so descending shall be owned by them as tenants by the entireties. Interests in personal property so descending shall be owned as tenants in common.

(8) If there is no person mentioned in subdivisions (1) through (7), then to the state.

(e) A parent may not receive an intestate share of the estate of the parent's minor or adult child if the parent was convicted of causing the death of the child's other parent by:

(1) murder (IC 35-42-1-1);

(2) voluntary manslaughter (IC 35-42-1-3); or

(3) another criminal act, if the death does not result from the operation of a vehicle.

If a parent is disqualified from receiving an intestate share under this subsection, the estate of the deceased child shall be distributed as though the parent had predeceased the child.

Formerly: Acts 1953, c.112, s.201; Acts 1965, c.405, s.1. As amended by P.L.283-1987, SEC.1; P.L.5-1988, SEC.154; P.L.167-1988, SEC.1; P.L.176-2003, SEC.3; P.L.238-2005, SEC.3; P.L.61-2006, SEC.1; P.L.101-2008, SEC.5; P.L.1-2009, SEC.151; P.L.143-2009, SEC.8; P.L.142-2020, SEC.32.
Ind. Code § 29-1-1-23 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-23
Record of proceedings; dockets
Status: in_force

Sec. 23. The following records of proceedings under this article shall be maintained in addition to other records as the court having probate jurisdiction shall provide for:

(1) An index in which estates of deceased persons shall be indexed under the name of the decedent, and those pertaining to guardianships under the name of the protected person. After the name of each shall be shown the docket number and page wherein entries pertaining to such decedent's or ward's estate appear.

(2) Decedent's and guardianship estate dockets, in which shall be listed in chronological order under the name of the decedent or protected person, all documents filed or issued and all orders, judgments, and decrees made pertaining to the estate, the date, and a reference to the volume and page of any other book in which any record shall have been made of such document.

(3) A record of wills, properly indexed, in which shall be recorded all wills admitted to probate and a record of the testimony of a witness examined, subscribed by the witness and attested by the clerk with the clerk's signature and seal of office. The will with the testimony and attestation to be certified by the clerk to be a complete record.

(4) An order book, in which shall be entered all proceedings with respect to the estate in conformity with the law pertaining to order books of circuit courts of this state and with the rules of the court.

Formerly: Acts 1953, c.112, s.123. As amended by Acts 1982, P.L.171, SEC.12; P.L.33-1989, SEC.34; P.L.50-1991, SEC.18; P.L.4-1994, SEC.11; P.L.2-1995, SEC.115.
Ind. Code § 29-3-11-1 — Indiana Code / Title 29 / Article 3 / Chapter 11 / Section 29-3-11-1
Protection for persons dealing in good faith with guardian or person acting under protective order; scope of protection
Status: in_force

Sec. 1. (a) A person who in good faith deals with a guardian or person acting under a protective order is:

(1) protected as if the guardian or person acting under a protective order properly exercised the power; and

(2) not required to inquire into the existence of the power or the propriety of its exercise except as to restrictions endorsed on the letters.

(b) A person who deals with a guardian or person acting under a protective order in good faith is not bound to see to the proper application of amounts paid or property delivered to the guardian or person.

(c) The protection expressed in this section:

(1) extends to any procedural irregularity or jurisdictional defect occurring in proceedings under this article; and

(2) is not a substitution for but is in addition to any other applicable law, including the laws relating to commercial transactions and to simplifying transfers of securities by fiduciaries.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-1-24 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-24
Fraud; relief for injured parties
Status: in_force

Sec. 24. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this probate code or if fraud is used to avoid or circumvent the provisions or purposes of this probate code, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud including restitution from any person (other than a bona fide purchaser) benefiting from the fraud, whether innocent or not. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate.

Formerly: Acts 1975, P.L.288, SEC.1.
Ind. Code § 29-2-5-2 — Indiana Code / Title 29 / Article 2 / Chapter 5 / Section 29-2-5-2
Discharge of administrator; return of absentee
Status: in_force

Sec. 2. Such administrator shall not be discharged on the return and reappearance of such person until discharged by the court, but shall retain his powers and rights and be subject to all his official liabilities and duties until so discharged.

Formerly: Acts 1859, c.4, s.2.
Ind. Code § 29-3-4-1.5 — Indiana Code / Title 29 / Article 3 / Chapter 4 / Section 29-3-4-1.5
Confidential health disclosure order; petition; hearing; procedure to disclose confidential health information
Status: in_force

Sec. 1.5. (a) A person may file a verified petition for the issuance of a confidential health disclosure order against a respondent health care provider that:

(1) has existing health or medical records in the possession or custody of the respondent health care provider that contain medical evidence of capacity or incapacity about an alleged incapacitated person; or

(2) may be able to create a report to summarize medical evidence of capacity or incapacity about an alleged incapacitated person.

(b) A verified petition filed under this section must state the following:

(1) The name, age, and residence address of the alleged incapacitated person.

(2) The name and address of any legal counsel that represents the alleged incapacitated person, which is known or reasonably available to the petitioner.

(3) The name and last known address of each person described in IC 29-3-6-1(a)(4)(A) through IC 29-3-6-1(a)(4)(D).

(4) Facts sufficient to establish that the following conditions are met:

(A) Any person alleges that the alleged incapacitated person requires the appointment of a guardian or limited guardian under this article.

(B) The alleged incapacitated person does not possess medical evidence of capacity or incapacity sufficient to establish or rebut evidence that may be presented in a hearing for the appointment of a guardian under IC 29-3-5-1.

(C) The alleged incapacitated person cannot provide or has refused to provide written authorization under 45 CFR 164.508 for disclosure of medical evidence of capacity or incapacity about the alleged incapacitated person.

(D) No other person is able and willing to provide a written authorization under 45 CFR 164.502(g)(2) for the disclosure of medical evidence of capacity or incapacity about the alleged incapacitated person.

(E) The respondent health care provider possesses medical evidence of capacity or incapacity about the alleged incapacitated person and is not willing to disclose the medical evidence of capacity or incapacity without a written authorization under 45 CFR 164.508 or a court order under 45 CFR 164.512.

(5) The name and address of the respondent health care provider.

(6) A description of:

(A) the existing health or medical records or the type of existing health or medical records in the possession or custody of the respondent health care provider that contain medical evidence of capacity or incapacity about the alleged incapacitated person; or

(B) a narrative report sought from the respondent health care provider that would identify medical evidence of capacity or incapacity about the alleged incapacitated person.

A petition filed under this section is not a confidential case record. However, any protected health information contained within the petition must be excluded from the publicly filed document and must be filed as a confidential document under Rule 5(B) of the Indiana Rules on Access to Court Records.

(c) A verified petition under this section may be combined with any other petition for relief filed under this article, including a petition to establish a limited or full guardianship.

(d) If the court receives a verified petition that complies with the requirements of subsection (b), the court shall issue an order to set a hearing date. In the order setting the hearing date, the court shall do the following:

(1) Appoint an attorney or guardian ad litem to represent the alleged incapacitated person if the verified petition does not identify an attorney under subsection (b)(2).

(2) State that any person with an objection to a confidential health disclosure order being issued in response to a verified petition filed under this section shall file a written objection not later than ten (10) days prior to the hearing date set under subsection (e) or shall appear in person at the hearing to testify to the objection.

(e) In its discretion, the court shall set the hearing required under subsection (d) on a date that is as soon as practicable.

(f) Not later than three (3) business days after the court issues an order under subsection (d), the petitioner shall serve a copy of the verified petition and a copy of the order setting a hearing date, by first class mail, upon the following:

(1) The respondent health care provider.

(2) The alleged incapacitated person or the person having physical custody and care of the alleged incapacitated person.

(3) The alleged incapacitated person's attorney described in subsection (b)(2) or the court appointed attorney or guardian ad litem appointed under subsection (d)(1).

(4) Each individual identified in subsection (b)(3) of the verified petition.

(5) Each respondent health care provider identified in subsection (b)(5) of the verified petition.

(6) Any other person to whom the court directs that notice be served.

Any person who is entitled to receive notice under this subsection may waive the service of notice in writing.

(g) At the hearing, the petitioner has the burden of proving, by a preponderance of the evidence, that the conditions alleged in subsection (b)(4) are met. An individual entitled to receive notice under subsection (f) may present evidence at the hearing.

(h) If the court finds that the petitioner has proven that the conditions in subsection (b)(4) apply and it is in the best interest of the alleged incapacitated person to issue a confidential health disclosure order, it shall grant the verified petition and issue a confidential health disclosure order that requires the respondent health care provider to:

(1) produce a copy of the alleged incapacitated person's medical records that contain medical evidence concerning the capacity or incapacity of the person; or

(2) prepare a written narrative report for the court with a professional assessment of the capacity or incapacity of the alleged incapacitated person to make personal, financial, and health care decisions without substantial assistance and the suitability of less restrictive alternatives to a guardianship.

(i) A confidential health disclosure order issued by a court under this section is intended to comply with the standard in 45 CFR 164.512(e) for disclosure of protected health information in judicial proceedings.

(j) The respondent health care provider shall comply with the confidential health disclosure order and transmit the medical evidence of capacity or incapacity of the person described in subsection (h) to the court. Upon receipt of the respondent health care provider's response, the court shall:

(1) serve a copy of the medical records or medical report produced by the respondent health care provider to the alleged incapacitated person and the alleged incapacitated person's attorney or guardian ad litem, not more than five (5) days after receipt of the records; and

(2) determine, in the court's discretion, whether it is in the best interest of the alleged incapacitated person to disclose all or part of the medical records or medical report produced by the respondent health care provider to any other individual identified in the verified petition under subsection (b)(3).

To make a determination under subdivision (2) concerning whether the medical evidence of capacity or incapacity should be disclosed to any other individual, the court shall consider all material facts and circumstances stated in the filed pleadings and in any hearing record; medical evidence that contains a specific diagnosis of functional impairment of the alleged incapacitated person; and the likelihood that a limited guardianship or full guardianship may be warranted for the alleged incapacitated person in the current proceeding or a future proceeding under this article.

(k) Unless otherwise ordered by the court, the petitioner shall bear the costs and expenses incurred by the respondent health care provider to comply with the confidential health disclosure order.

(l) The record of:

(1) any court hearing held under this section;

(2) all exhibits entered during a hearing;

(3) all records or reports produced by a respondent health care provider in response to a confidential health disclosure order; and

(4) all written objections filed or entered as evidence in a proceeding under this section;

must be filed as a nonpublic document under Rule 5 of the Indiana Rules on Access to Court Records.

(m) Once any action filed under this article concerning the alleged incapacitated person has been fully adjudicated, every individual who received any records in the course of those proceedings shall destroy all documents that contain medical evidence of capacity or incapacity about the individual alleged to be incapacitated.

As added by P.L.38-2023, SEC.12. Amended by P.L.99-2024, SEC.11.
Ind. Code § 29-1-14-1 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-1
Limitations; filing; claims barred or not; liens; tort claims
Status: in_force

Sec. 1. (a) Except as provided in IC 29-1-7-7, all claims against a decedent's estate, other than expenses of administration and claims of the United States, the state, or a subdivision of the state, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, shall be forever barred against the estate, the personal representative, the heirs, devisees, and legatees of the decedent, unless filed with the court in which such estate is being administered within:

(1) three (3) months after the date of the first published notice to creditors; or

(2) three (3) months after the court has revoked probate of a will, in accordance with IC 29-1-7-21, if the claimant was named as a beneficiary in that revoked will;

whichever is later.

(b) No claim shall be allowed which was barred by any statute of limitations at the time of decedent's death.

(c) No claim shall be barred by the statute of limitations which was not barred at the time of the decedent's death, if the claim shall be filed within:

(1) three (3) months after the date of the first published notice to creditors; or

(2) three (3) months after the court has revoked probate of a will, in accordance with IC 29-1-7-21, if the claimant was named as a beneficiary in that revoked will;

whichever is later.

(d) All claims barrable under subsection (a) shall be barred if not filed within nine (9) months after the death of the decedent.

(e) Nothing in this section shall affect or prevent any action or proceeding to enforce any mortgage, pledge, or other lien upon property of the estate.

(f) Nothing in this section shall affect or prevent the enforcement of a claim for injury to person or damage to property arising out of negligence against the estate of a deceased tort feasor within the period of the statute of limitations provided for the tort action. A tort claim against the estate of the tort feasor may be opened or reopened and suit filed against the special representative of the estate within the period of the statute of limitations of the tort. Any recovery against the tort feasor's estate shall not affect any interest in the assets of the estate unless the suit was filed within the time allowed for filing claims against the estate. The rules of pleading and procedure in such cases shall be the same as apply in ordinary civil actions.

(g) A claim by the unit against a decedent's estate is forever barred unless:

(1) the unit files a claim in the court in which the decedent's estate is being administered; or

(2) the unit opens an estate for the decedent and files a claim against the decedent in the estate;

not later than nine (9) months after the date of death of the decedent.

Formerly: Acts 1953, c.112, s.1401; Acts 1961, c.287, s.1; Acts 1975, P.L.288, SEC.20. As amended by Acts 1980, P.L.179, SEC.1; P.L.154-1990, SEC.9; P.L.252-2001, SEC.16; P.L.99-2024, SEC.9; P.L.160-2026, SEC.16.
Ind. Code § 29-1-14-16 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-16
Liens and mortgages, enforcement; sale of real estate; exception
Status: in_force

Sec. 16. Unless an earlier date is authorized by the judge of the court having jurisdiction of the decedent's estate no proceedings shall be instituted before the end of three (3) months from the death of the decedent to enforce the lien of any judgment rendered against the decedent in his lifetime upon real estate or to enforce any decree specifically directing the sale of such real estate to discharge any lien or liability created or suffered by the decedent, nor shall any suit be brought before that time against the heirs or devisees of the deceased to foreclose any mortgage or other lien thereon; and in case of suit to foreclose any mortgage or other lien thereon, the personal representative shall be made a party defendant thereto; and if the personal representative shall be diligently prosecuting his proceedings to sell the real estate of the deceased for the purpose of making assets to discharge such liens, further proceedings for the sale thereof by the holders of liens thereon shall be stayed, upon the application of the personal representative. This section does not apply to cases where, before the end of the three (3) months, the real estate shall have been sold by the personal representative subject to liens thereon, nor to mortgages and judgments in favor of the state.

Formerly: Acts 1953, c.112, s.1416; Acts 1975, P.L.288, SEC.25. As amended by P.L.252-2001, SEC.20.
Ind. Code § 29-1-12-1 — Indiana Code / Title 29 / Article 1 / Chapter 12 / Section 29-1-12-1
Classification of properties; appraisers; copies of inventories to interested persons
Status: in_force

Sec. 1. (a) Within two (2) months after the appointment of a personal representative, unless a longer time is granted by the court, the personal representative shall prepare a verified inventory of the decedent's probate estate. The verified inventory must:

(1) consist of at least one (1) written instrument;

(2) indicate the fair market value of each item of property; and

(3) include a statement of all known liens and other charges on any item.

(b) Property listed in the inventory required by subsection (a) must be classified as follows:

(1) Real property, with plat or survey description, and if a homestead, designated as a homestead.

(2) Furniture and household goods.

(3) Emblements and annual crops raised by labor.

(4) Corporate stocks including the class, the par value or that it has no par value, if preferred stock the dividend rate.

(5) Mortgages, bonds, notes or other written evidences of debt or of ownership described by name of debtor, recording data, and other identification.

(6) Bank accounts, money, and insurance policies if payable to the estate of the decedent or to the decedent's personal representative.

(7) All other personal property accurately identified, including the decedent's proportionate share in any partnership, but no inventory of the partnership property shall be required.

(c) The personal representative may employ a disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser must be indicated on the inventory with the item or items appraised by the appraiser.

(d) The personal representative shall furnish a copy of the inventory, or any supplement or amendment to it, to interested persons who request it, unless the personal representative has filed the original of the inventory, or any supplement or amendment to it, with the court.

Formerly: Acts 1953, c.112, s.1201; Acts 1971, P.L.409, SEC.1; Acts 1975, P.L.288, SEC.18. As amended by P.L.99-2013, SEC.5.
Ind. Code § 29-3.5-2-4 — Indiana Code / Title 29 / Article 3.5 / Chapter 2 / Section 29-3.5-2-4
Special jurisdiction
Status: in_force

Sec. 4. (a) A court of this state lacking jurisdiction under section 3(1) through 3(3) of this chapter has special jurisdiction to do any of the following:

(1) Appoint a temporary guardian in an emergency as permitted by IC 29-3-3-4 for a term not exceeding ninety (90) days for a respondent who is physically present in this state.

(2) Issue a protective order with respect to real or tangible personal property located in this state.

(3) Appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to IC 29-3.5-3-1.

(b) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state whether dismissal is requested before or after the emergency appointment.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-2-16.1-2 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-2
Chapter application
Status: in_force

Sec. 2. This chapter applies to:

(1) an anatomical gift;

(2) an amendment to an anatomical gift;

(3) a revocation of an anatomical gift; or

(4) a refusal to make an anatomical gift.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-1-22-1 — Indiana Code / Title 29 / Article 1 / Chapter 22 / Section 29-1-22-1
Definitions
Status: in_force

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

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

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

(B) can be printed; and

(C) contains the following:

(i) The text of an electronic will.

(ii) The respective electronic signatures of the testator and attesting witnesses.

(iii) A readable copy of all document integrity evidence, if applicable.

(iv) A self-proving affidavit if the electronic will is self-proved.

(2) "Document integrity evidence" means the part of the electronic will, electronic trust instrument, or electronic power of attorney that:

(A) is created and maintained electronically;

(B) includes digital markers to demonstrate that the electronic will, electronic trust instrument, or electronic power of attorney has not been altered or tampered with after its execution;

(C) is logically associated with the electronic will, electronic trust instrument, or electronic power of attorney;

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

(E) includes the following information:

(i) The city, state, date, and time of the execution of the electronic will, electronic trust instrument, or electronic power of attorney by the testator, settlor, or principal and any attesting witnesses as applicable.

(ii) The text of the self-proving affidavit if the document is an electronic will and is self-proved.

(iii) The name of the testator, settlor, or principal and the names of all attesting witnesses, if applicable.

(iv) The name and address of any person responsible for signing the signature of the testator, settlor, or principal on the electronic document at the direction and in the presence of the testator, settlor, or principal.

(v) Copies of or links to the electronic signatures of the testator, settlor, or principal and any attesting witnesses, if applicable.

(vi) A general description of the type of identity verification evidence used to verify the identity of the testator, settlor, or principal.

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

(3) "Electronic estate planning document" means:

(A) an electronic will;

(B) an electronic trust instrument;

(C) an electronic power of attorney; or

(D) any electronic document that:

(i) revokes; or

(ii) amends;

any document described in clauses (A) through (C).

(4) "Electronic power of attorney" has the meaning set forth in IC 30-5-11-3(8). The term includes an amendment to or a restatement of the power of attorney if the amendment or restatement complies with the requirements described in IC 30-5-11-5.

(5) "Electronic record" has the meaning set forth in IC 26-2-8-102(9). The term may include one (1) or more of the following:

(A) The document integrity evidence associated with an electronic will, electronic trust instrument, or electronic power of attorney.

(B) The identity verification evidence of the testator, settlor, or principal who executed the electronic will, electronic trust instrument, or electronic power of attorney.

(6) "Electronic signature" has the meaning set forth in IC 26-2-8-102(10).

(7) "Electronic trust instrument" means a trust instrument for an inter vivos trust created by a settlor or other person that:

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

(B) contains the electronic signature of the settlor or other person creating the trust; and

(C) contains the date and time of the electronic signature of the settlor or other person creating the trust.

The term includes an amendment to or a restatement of a revocable trust instrument when the amendment or restatement is executed in accordance with the requirements of IC 30-4-1.5-6.

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

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

(B) contains the electronic signatures of the testator and attesting witnesses; and

(C) contains the date and time of the electronic signatures.

(9) "Executed" means the signing of an electronic estate planning document. The term includes the use of an electronic signature.

(10) "Identity verification evidence" means:

(A) a copy of the government issued photo identification card of the testator, settlor, or principal; or

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

(i) A knowledge based authentication method.

(ii) A physical device.

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

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

(v) Biometric identification.

(vi) Any other commercially reasonable method for verifying the identity of the testator, settlor, or principal using current or future technology.

(11) "Index" means the electronic estate planning documents index created under section 2(e) of this chapter.

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

(13) "Registry" means the statewide electronic estate planning documents registry described in section 2(a) of this chapter.

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

(15) "Signature" means the authorized use of the name of the testator, settlor, or principal to authenticate an electronic will, electronic trust instrument, or electronic power of attorney. The term includes an electronic signature.

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

(17) "Traditional paper estate planning document" means a will, codicil, trust instrument, or power of attorney that is signed on paper by the testator, settlor, or principal and:

(A) the attesting witnesses, in the case of a will or codicil; or

(B) a notary public, in the case of a power of attorney.

As added by P.L.231-2019, SEC.20. Amended by P.L.162-2022, SEC.16.
Ind. Code § 29-1-7-6 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-6
Notice of hearing; request; provision of relevant materials by personal representative
Status: in_force

Sec. 6. (a) At any time after the issuance of letters, any person interested in the estate may serve upon the personal representative, or upon his attorney, and file with the clerk of the court where the proceedings are pending with a written admission or proof of such service, a written request, stating that he desires written notice by ordinary mail of the time and place of all hearings on the settlement of accounts, on final distribution, and on any other matters for which any notice is required by law, by rule of court, or by an order in the particular case. The applicant for such notice must include in his written request his post office address or that of his attorney. Unless the court otherwise directs, upon filing such request such person shall be entitled to notice of all hearings for which any notice is required as aforesaid, or of such of those hearings as he designates in his request.

(b) Upon petition by an interested person, the court having jurisdiction over the estate may, in its discretion, under such terms and conditions as the court considers appropriate, order the personal representative to provide that interested person with relevant materials specified in the court's order.

Formerly: Acts 1953, c.112, s.706. As amended by Acts 1979, P.L.268, SEC.2.
Ind. Code § 29-1-6-7 — Indiana Code / Title 29 / Article 1 / Chapter 6 / Section 29-1-6-7
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.607. Repealed by P.L.1-1989, SEC.75.
Ind. Code § 29-1-19-1 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-1
Definitions
Status: in_force

Sec. 1. As used in this chapter:

"Person" means an individual, a partnership, a limited liability company, a corporation, or an association.

"Department" refers to the United States Department of Veterans Affairs.

"Income" means money received from the Department and revenue or profit from any property wholly or partially acquired therewith.

"Estate" means income on hand and assets acquired partially or wholly with "income".

"Benefits" means all money paid or payable by the United States through the department.

"Protected person" means a beneficiary of the department.

"Guardian" means any fiduciary for the person or estate of a protected person or a person designated by a protective order issued under IC 29-3 to act on behalf of a protected person.

"Secretary" refers to the secretary of the department.

Formerly: Acts 1953, c.112, s.2001. As amended by Acts 1982, P.L.171, SEC.63; P.L.33-1989, SEC.41; P.L.1-1990, SEC.267; P.L.8-1993, SEC.460.
Ind. Code § 29-1-7.5-3 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-3
Powers of personal representative to act without order of court
Status: in_force

Sec. 3. (a) Subject to section 2(d) of this chapter, a personal representative who administers an estate under this chapter may do the following without order of the court:

(1) Retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for trust investment.

(2) Receive assets from fiduciaries or other sources.

(3) Perform, compromise, or refuse performance of the decedent's contracts that continue as obligations of the estate, as the personal representative may determine under the circumstances. In performing enforceable contracts by the decedent to convey or lease land, the personal representative, among other possible courses of action, may:

(A) execute and deliver a deed of conveyance for cash payment of all sums remaining due or the purchaser's note for the sum remaining due secured by a mortgage or deed of trust on the land; or

(B) deliver a deed in escrow with directions that the proceeds, when paid in accordance with the escrow agreement, be paid to the successors of the decedent, as designated in the escrow agreement.

(4) Satisfy written charitable pledges of the decedent irrespective of whether the pledges constituted binding obligations of the decedent or were properly presented as claims, if in the judgment of the personal representative the decedent would have wanted the pledges completed under the circumstances.

(5) If funds are not needed to meet debts and expenses currently payable and are not immediately distributable, deposit or invest liquid assets of the estate, including moneys received from the sale of other assets, in federally insured interest-bearing accounts, readily marketable secured loan arrangements, or other prudent investments which would be reasonable for use by trustees generally.

(6) Acquire or dispose of an asset, including land in this or another state, for cash or on credit, at public or private sale; and manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset.

(7) Make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, raze existing or erect new party walls or buildings.

(8) Subdivide, develop, or dedicate land to public use; make or obtain the vacation of plats and adjust boundaries; or adjust differences in valuation on exchange or partition by giving or receiving considerations; or dedicate easements to public use without consideration.

(9) Enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the period of administration.

(10) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement.

(11) Abandon property when, in the opinion of the personal representatives, it is valueless, or is so encumbered, or is in condition that it is of no benefit to the estate.

(12) Vote stocks or other securities in person or by general or limited proxy.

(13) Pay calls, assessments, and other sums chargeable or accruing against or on account of securities, unless barred by the provisions relating to claims.

(14) Hold a security in the name of a nominee or in other form without disclosure of the interest of the estate but the personal representative is liable for any act of the nominee in connection with the security so held.

(15) Hold, manage, safeguard, and control the estate's real and personal property, insure the assets of the estate against damage, loss, and liability, and insure the personal representative personally against liability as to third persons.

(16) Borrow money with or without security to be repaid from the estate assets or otherwise and advance money for the protection of the estate.

(17) Effect a fair and reasonable compromise with any debtor or 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, the personal representative may, in lieu of foreclosure, accept a conveyance or transfer of encumbered assets from the owner thereof in satisfaction of the indebtedness secured by lien.

(18) Pay taxes, assessments, compensation of the personal representative, and other expenses incident to the administration of the estate.

(19) Hold an interest in a proprietorship, partnership, limited liability company, business trust, corporation, or another domestic or foreign form of business or enterprise.

(20) Continue a business.

(21) Take any action that may be taken by shareholders, partners, members, or property owners, including contributing additional capital to or merging, consolidating, reorganizing, recapitalizing, dissolving, or otherwise changing the form of the business organization.

(22) Allocate items of income or expense to either estate income or principal, as permitted or provided by IC 30-2-14.

(23) Employ persons, including attorneys, auditors, investment advisors, or agents, even if they are associated with the personal representative, to advise or assist the personal representative in the performance of the personal representative's administrative duties; act without independent investigation upon their recommendations; and instead of acting personally, employ one (1) or more agents to perform any act of administration, whether or not discretionary.

(24) Do any of the following concerning a claim or demand made in favor of or against the estate for the protection of the estate and of the personal representative in the performance of the personal representative's duties:

(A) Release, assign, settle, compromise, or contest the claim or demand.

(B) Participate in mediation or submit to arbitration to resolve any dispute concerning the claim or demand.

(C) Extend the time for payment of the claim or demand.

(D) Abandon the claim or demand.

(25) Sell, mortgage, or lease any real or personal property of the estate or any interest therein for cash, credit, or for part cash and part credit, and with or without security for unpaid balances.

(26) Select a settlement option under any qualified or nonqualified benefit or retirement plan, annuity, or life insurance payable to the estate, and take appropriate action to collect the proceeds.

(27) Inspect and investigate property held, directly or indirectly, by the personal representative for the purpose of:

(A) determining the application of environmental law with respect to the property; and

(B) doing the following:

(i) Take action to prevent, abate, or remedy an actual or a potential violation of an environmental law affecting the property, whether taken before or after the assertion of a claim or the initiation of governmental enforcement by federal, state, or local authorities.

(ii) Compromise claims against the estate that may be asserted for an alleged violation of environmental law.

(iii) Pay the expense of inspection, review, abatement, or remedial action to comply with the environmental law.

(28) Distribute assets of the estate upon such terms as the personal representative may impose. To the extent practicable, taking into account the decedent's probable intention, the power to distribute assets includes the power to:

(A) pay an amount to a distributee who is under a legal disability or whom the personal representative reasonably believes to be incapacitated by:

(i) paying the amount directly to the distributee or applying the amount for the distributee's use and benefit;

(ii) paying the amount to the guardian appointed for the distributee;

(iii) paying the amount to a custodian under the Indiana Uniform Transfers to Minors Act (IC 30-2-8.5) or a custodial trustee under the Uniform Custodial Trust Act (IC 30-2-8.6); or

(iv) paying the amount to the trustee of a trust established by the decedent or by the personal representative under subsection (b); and

(B) make distributions of estate income and principal in kind, in cash, or partly in each, in shares of differing composition.

(29) Distribute in kind all or part of the decedent's interest in a retirement plan or retirement account that the estate:

(A) is a beneficiary of; or

(B) has an interest in;

to a distributee.

(30) Perform any other act necessary or appropriate to administer the estate.

(b) A personal representative who administers an estate under this chapter may, without court order, establish a trust to make distributions to a distributee who is under a legal disability or whom the personal representative reasonably believes is incapacitated. In establishing a trust under this subsection, a personal representative may exercise:

(1) the authority given to custodians under the Indiana Uniform Transfers to Minors Act (IC 30-2-8.5) to create a trust that satisfies the requirements of Section 2503(c) of the Internal Revenue Code and the regulations adopted under that Section; or

(2) the authority given to an attorney in fact under IC 30-5-5-15(a)(3) to establish a revocable trust for the benefit of a principal.

(c) Unless the court revokes unsupervised administration and converts the estate to supervised administration, the issuance of an order on any matter in an unsupervised estate does not revoke the personal representative's authority to continue to administer an estate according to unsupervised administration.

Formerly: Acts 1975, P.L.288, SEC.11. As amended by Acts 1976, P.L.125, SEC.3; Acts 1981, P.L.260, SEC.1; P.L.182-1999, SEC.4; P.L.84-2002, SEC.1; P.L.61-2006, SEC.3; P.L.95-2007, SEC.6; P.L.231-2019, SEC.12; P.L.50-2025, SEC.3.
Ind. Code § 29-1-21-10 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-10
Maintenance, receipt, and transfer of electronic will
Status: in_force

Sec. 10. (a) Any person with the written authorization of the testator may maintain, receive, or transfer custody of:

(1) the electronic record associated with an electronic will;

(2) any document integrity evidence associated with an electronic record or electronic will; or

(3) a complete converted copy of the electronic will.

A testator may identify and designate an adult individual as the custodian of the testator's electronic will within the electronic record of an electronic will.

(b) A custodian of an electronic will, any accompanying self-proving clause, or any document integrity evidence logically associated with the electronic will, has the following responsibilities:

(1) To use best practices to maintain custody of the electronic record for the electronic will and any accompanying document integrity evidence.

(2) To use best practices and commercially reasonable means to:

(A) maintain the privacy and security of the electronic record associated with an electronic will; and

(B) exercise reasonable care to guard against unauthorized:

(i) disclosure of; and

(ii) alteration of or tampering with;

the electronic record.

(3) To maintain electronic and conceptual separation between different testators and their respective electronic records and electronic wills if the custodian maintains custody of two (2) or more electronic records or electronic wills.

(4) To promptly generate a complete converted copy of each electronic will and all accompanying document integrity evidence after receiving a written request to do so from a living testator, the court, or another authorized person.

(5) To promptly respond to a written instruction from the living testator or another person with written authorization originating from the living testator to transfer custody of the electronic will to a successor custodian.

(6) To transfer the entire electronic record of the electronic will to a successor custodian upon the receipt of a written instruction requesting the transfer of the entire electronic record of an electronic will to a successor custodian.

(7) To provide an executed delivery receipt to the outgoing custodian who transfers:

(A) the electronic record;

(B) the electronic will;

(C) any accompanying document integrity evidence; or

(D) information pertaining to the format in which the electronic record or electronic will is received;

if the receiving custodian agrees to assume responsibility for an electronic record or an electronic will and all associated documents from an outgoing custodian.

(8) To perform the following upon the death of the testator:

(A) To relinquish possession and control of the:

(i) electronic record associated with the testator's electronic will; or

(ii) complete converted copy of the testator's electronic will (if applicable);

to a person authorized to receive these items under section 11 of this chapter.

(B) To comply with the court order requiring the electronic filing or delivery of the electronic will and any accompanying document integrity evidence or a complete converted copy of the electronic will, as applicable, with the court.

(C) To provide an accurate copy of:

(i) an electronic record; or

(ii) a complete converted copy of the testator's electronic will;

to any interested person who requests a copy for the purpose of submitting the electronic will for probate.

(D) To furnish, for any court hearing or matter involving an electronic will currently or previously stored by the custodian, any information requested by the court pertaining to the custodian's policies, practices, or qualifications as they relate to the maintenance, production, or storage of electronic wills.

(c) A proposed successor custodian has no obligation to accept delivery of an electronic will from an outgoing custodian or to accept the responsibility of maintaining custody of an electronic record associated with an electronic will. A successor custodian's execution of a delivery receipt under subsection (b)(7) constitutes acceptance of the appointment as successor custodian.

(d) If a custodian wishes to discontinue custody of an electronic will, the custodian must send written notice to the testator or, if the testator's whereabouts are unknown, to any other person:

(1) holding written authority from the testator; or

(2) identifiable from the custodian's records.

(e) A written notice described in subsection (d) must inform the testator or other person authorized to act on the testator's behalf that the custodian will transfer custody of the electronic record associated with the electronic will to a successor custodian chosen by the current custodian unless the testator or person authorized to act on behalf of the testator provides the custodian with written direction not later than thirty (30) days after the written notice described in subsection (d) was first issued.

(f) If the testator or person authorized to act on the testator's behalf does not respond to the current custodian with a contrary written instruction before the end of the thirty (30) day period described in subsection (e), the custodian may, in order of decreasing priority, dispose of the electronic record associated with the electronic will in one (1) of the following ways:

(1) The current custodian may transfer custody of the electronic record for the electronic will to a successor custodian previously designated by the testator.

(2) The current custodian may transfer custody of the electronic will to a successor custodian selected by the current custodian.

(3) The current custodian may transmit a complete converted copy of the electronic will and accompanying affidavit of regularity under section 13 of this chapter to the testator or other person authorized to act on behalf of the testator.

As added by P.L.40-2018, SEC.2. Amended by P.L.10-2019, SEC.117.
Ind. Code § 29-1-1-9 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-9
Petitions
Status: in_force

Sec. 9. Every application to the court, unless otherwise provided, shall be by petition signed and verified by or on behalf of the petitioner. No defect of form or substance in any petition, nor the absence of a petition, shall invalidate any proceedings. Interests to be affected shall be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests, or in another appropriate manner.

Formerly: Acts 1953, c.112, s.109. As amended by P.L.118-1997, SEC.6.
Ind. Code § 29-3-1-12 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-12
"Person"
Status: in_force

Sec. 12. "Person" means an individual, an organization, an association, a nonprofit corporation, a corporation for profit, a limited liability company, a partnership, a financial institution, a trust, the division of family resources or other governmental entity, or other legal entity.

As added by P.L.169-1988, SEC.1. Amended by P.L.2-1992, SEC.791; P.L.8-1993, SEC.461; P.L.145-2006, SEC.168.
Ind. Code § 29-2-14-2 — Indiana Code / Title 29 / Article 2 / Chapter 14 / Section 29-2-14-2
Beneficiaries taking successively under another's disposition of property
Status: in_force

Sec. 2. Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.

Formerly: Acts 1941, c.49, s.2.
Ind. Code § 29-2-1-4 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-4
Payments to domiciliary foreign personal representative; notice by resident creditor to debtor as bar
Status: in_force

Sec. 4. Payment of delivery under section 2 of this chapter may not be made if a resident creditor of the non-resident decedent has notified the debtor of the non-resident decedent or the person having possession of the personal property belonging to the non-resident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.

Formerly: Acts 1881(ss), c.45, s.73; Acts 1975, P.L.288, SEC.42.
Ind. Code § 29-1-14-20 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-20
Mortgage; pledge; lien; payment; renewal; extension
Status: in_force

Sec. 20. When any assets of the estate are encumbered by mortgage, pledge or other lien, the personal representative may pay such encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or may convey or transfer such assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate. As to any such conveyance or transfer the personal representative must obtain prior authorization of the court and as to any such payment, renewal or extension the personal representative must obtain prior authorization or subsequent approval of the court. The making of such payment shall not increase the share of the distributee entitled to such encumbered assets unless otherwise provided by will.

Formerly: Acts 1953, c.112, s.1420.
Ind. Code § 29-3-9-11 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-11
Investigation and report concerning minor or protected person
Status: in_force

Sec. 11. The office of the secretary of family and social services shall investigate and report to the court concerning the conditions and circumstances of a minor or an alleged incapacitated adult or protected person who is an adult and the fitness and conduct of the guardian or the proposed guardian whenever ordered to do so by the court.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.78; P.L.2-1992, SEC.794; P.L.4-1993, SEC.261; P.L.5-1993, SEC.274; P.L.145-2006, SEC.169; P.L.146-2008, SEC.531; P.L.128-2012, SEC.20.
Ind. Code § 29-3-1-9 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-9
"Letters"
Status: in_force

Sec. 9. "Letters" means letters of guardianship.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-3-9-12.2 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-12.2
Petition for authority to petition for dissolution, legal separation, or annulment; granting petition; considerations; petition not required for certain actions
Status: in_force

Sec. 12.2. (a) If a guardian of an incapacitated person determines that:

(1) a dissolution of the incapacitated person's marriage;

(2) a legal separation of the incapacitated person and the incapacitated person's spouse; or

(3) an annulment of the incapacitated person's marriage;

is in the best interests of the incapacitated person, the guardian shall petition the court to request the authority to petition for a dissolution of marriage, a legal separation, or an annulment of marriage on behalf of the incapacitated person.

(b) The petition to request authority described in subsection (a) must set forth the following:

(1) The purpose for petitioning for dissolution of marriage, legal separation, or annulment of marriage.

(2) The names and addresses of all the following:

(A) The incapacitated person's spouse.

(B) If the incapacitated person has adult children, any adult children of the incapacitated person who are not guardians of the incapacitated person.

(C) If the incapacitated person is a minor, a parent of the incapacitated person whose parental rights have not been terminated.

(c) A guardian that petitions the court to request authority as described in subsection (a) shall provide a copy of the petition, on or before the date the petition is filed, to all the following:

(1) The individuals listed in subsection (b)(2).

(2) Any other interested person as ordered by the court.

(d) The court shall:

(1) set a date for a hearing on the petition to request authority described in subsection (a);

(2) notify:

(A) all the parties; and

(B) any other individual listed in subsection (c);

of the hearing at least thirty (30) days before the hearing; and

(3) hold a hearing on the petition to request authority described in subsection (a).

(e) If the court determines by clear and convincing evidence that petitioning for:

(1) a dissolution of the incapacitated person's marriage;

(2) a legal separation of the incapacitated person and the incapacitated person's spouse; or

(3) an annulment of the incapacitated person's marriage;

is in the best interests of the incapacitated person, considering the totality of the circumstances, including the desire and interests of the spouse in remaining married, the court shall grant the petition and authorize the guardian to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of the incapacitated person.

(f) In making a determination under subsection (e), the court shall consider the risk of harm to the incapacitated person's physical or mental health, safety, or property if the court does not grant the petition and authorize the guardian to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of the incapacitated person.

(g) In making a determination under subsection (e), the court shall also give appropriate weight to evidence of:

(1) the incapacitated person's intent or preferences; or

(2) a prior decision of the incapacitated person;

for or against a dissolution of marriage, a legal separation, or an annulment of marriage. The court may reduce the weight given to evidence of the intent, preferences, or prior decisions of the incapacitated person if the court concludes, from all of the relevant facts and circumstances, that the passage of time, the relevant circumstances at the time of a prior statement or action by the incapacitated person, or changed circumstances after a prior statement or action make the prior statement or action less reliable evidence of the incapacitated person's best interests and current preferences. The court may give no weight to evidence considered under this subsection that the court concludes is unreliable evidence of the incapacitated person's best interests and current preferences.

(h) This section does not require a guardian of an incapacitated person to file a petition under this section in order to:

(1) defend the incapacitated person against a petition for dissolution, legal separation, or annulment of marriage that was filed before or after the filing of the petition for guardianship; or

(2) finalize:

(A) a dissolution of the incapacitated person's marriage;

(B) a legal separation between the incapacitated person and the incapacitated person's spouse; or

(C) an annulment of the incapacitated person's marriage;

if the petition for dissolution of marriage, legal separation, or annulment of marriage was filed by the incapacitated person or the incapacitated person's spouse before the appointment of the guardian.

As added by P.L.83-2014, SEC.6.
Ind. Code § 29-1-19-7 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-7
Appointment of guardian; condition precedent to payment of veterans' benefits; incapacitated person
Status: in_force

Sec. 7. Where a petition is filed for the appointment of a guardian for an incapacitated person, a certificate of the administrator or the administrator's duly authorized representative that the person has been rated incompetent or incapacitated by the Department on examination in accordance with the laws and regulations governing the Department and that the appointment of a guardian or the issuance of a protective order is a condition precedent to the payment of money due the protected person by the Department shall be prima facie evidence of the necessity for the appointment.

Formerly: Acts 1953, c.112, s.2007. As amended by P.L.33-1989, SEC.44.
Ind. Code § 29-1-8-2 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-2
Personal property; payments; delivery; transfer; release
Status: in_force

Sec. 2. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.

Formerly: Acts 1953, c.112, s.802; Acts 1975, P.L.288, SEC.13. As amended by P.L.194-2017, SEC.3.
Ind. Code § 29-1-8-6 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-6
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.806. Repealed by Acts 1975, P.L.288, SEC.51.
Ind. Code § 29-2-19-16 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-16
Law governing a designee who is unable or unwilling to serve
Status: in_force

Sec. 16. Except as otherwise provided in a declaration, section 17 of this chapter controls if a person to whom a declaration delegates the authority to make arrangements after a declarant's death is unable or unwilling to serve.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-2-14-7 — Indiana Code / Title 29 / Article 2 / Chapter 14 / Section 29-2-14-7
Uniformity of interpretation
Status: in_force

Sec. 7. This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it.

Formerly: Acts 1941, c.49, s.7. As amended by Acts 1982, P.L.171, SEC.77.
Ind. Code § 29-3-1-7.5 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-7.5
"Incapacitated person"
Status: in_force

Sec. 7.5. "Incapacitated person" means an individual who:

(1) cannot be located upon reasonable inquiry;

(2) is unable:

(A) to manage in whole or in part the individual's property;

(B) to provide self-care; or

(C) to perform both activities in clauses (A) and (B);

because of insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual, or other incapacity; or

(3) has a developmental disability (as defined in IC 12-7-2.1-118).

As added by P.L.33-1989, SEC.60. Amended by P.L.2-1992, SEC.790; P.L.145-2026, SEC.154.
Ind. Code § 29-1-1-16 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-16
Proof of service; filing
Status: in_force

Sec. 16. Proof of service in all cases requiring notice, whether by publication, mailing or otherwise, shall be filed before the hearing. Service made by a private person shall be proved by the affidavit of the person; service made by an official shall be proved by certificate or return of service.

Formerly: Acts 1953, c.112, s.116. As amended by P.L.162-2022, SEC.4.
Ind. Code § 29-3-11-3 — Indiana Code / Title 29 / Article 3 / Chapter 11 / Section 29-3-11-3
Actions between third party and protected person; service of process; suits against guardian or person acting under protective order; substitution of parties
Status: in_force

Sec. 3. (a) If a guardian has been appointed, all actions between third persons and the protected person seeking to charge or benefit the protected person or the protected person's property shall be prosecuted by or against the guardian or person acting under a protective order to represent the interests of the protected person in the action. All process relating to that action shall be served on the guardian.

(b) In the case of a claim against the guardian or person acting under a protective order personally, the guardian or person acting under the protective order may be sued both as guardian or person acting under the protective order and in the personal capacity of the guardian or person acting under the protective order in the same action.

(c) If an action was commenced by or against the protected person before the appointment of a guardian for the protected person, the guardian upon appointment shall be substituted as a party for the protected person. If the appointment of the guardian is terminated, the guardian's successor shall be substituted as a party to the action. If the protected person dies, the protected person's personal representative shall be substituted. If the protected person is no longer a minor or incapacitated person, the protected person shall be substituted.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.79.
Ind. Code § 29-1-13-1.5 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-1.5
Access to safe deposit box; duties of financial institutions
Status: in_force

Sec. 1.5. (a) Upon the death of an individual, a financial institution shall grant access in the following order of priority to a safe deposit box leased by the individual at the time of the individual's death:

(1) A surviving joint lessee of the safe deposit box, upon the presentation of proof of the individual's status as a joint lessee.

(2) The personal representative of the individual's estate, upon the presentation of letters testamentary or letters of administration.

(3) The personal representative named in the individual's will, upon the presentation of an affidavit meeting the requirements of subsection (c) if a probate estate has not been opened.

(4) The trustee of a trust created by the individual that was revocable during the individual's life, upon the presentation of an affidavit meeting the requirements of subsection (c) if a probate estate has not been opened.

(5) Any other individual, upon the presentation of a court order directing access to the safe deposit box.

(b) A person granted access to a safe deposit box under subsection (a) may exercise the following rights:

(1) The right to open the safe deposit box.

(2) The right to remove the contents of the safe deposit box.

(3) The right to cancel the lease for the safe deposit box.

(c) An affidavit required by subsection (a)(3) or (a)(4) must contain the following information:

(1) The name of the individual leasing the safe deposit box and the date of the individual's death.

(2) A statement as to whether the individual died testate or intestate.

(3) The name of the county in which the individual was domiciled at the time of the individual's death.

(4) A statement that no application or petition for the appointment of a personal representative has been granted or is pending in any jurisdiction.

(5) A statement under the penalty of perjury that the affiant is qualified under subsection (a)(3) or (a)(4) to obtain access to the safe deposit box leased by the individual.

(d) Except as provided in subsection (h), a financial institution that is presented with a request for access to a safe deposit box by a person described in subsection (a):

(1) shall grant access to the safe deposit box within three (3) business days of the presentation of the appropriate documentation required by subsection (a); and

(2) is liable to:

(A) the estate of the individual leasing the safe deposit box; or

(B) an individual entitled to access to the safe deposit box under subsection (a);

if it fails to grant access to the safe deposit box within three (3) business days of the presentation of the appropriate documentation required by subsection (a).

(e) A financial institution that provides access to a safe deposit box under this section is discharged and released from liability and responsibility for the assets held in the safe deposit box. The financial institution is not required to:

(1) inquire into the truth of any statement in an affidavit presented under this section; or

(2) participate in the disposition of the assets held in the safe deposit box.

(f) A plaintiff who prevails in an action:

(1) to compel a financial institution presented with a request for access to a safe deposit box in accordance with this section to accept the authority of the person requesting access; or

(2) for damages arising from a financial institution's refusal to grant the requested access;

is entitled to recover the amounts specified in subsection (g).

(g) A prevailing plaintiff described in subsection (f) is entitled to the following:

(1) Three (3) times the amount of the actual damages.

(2) Attorney's fees and court costs.

(3) Prejudgment interest on the actual damages calculated from the date that the appropriate documentation was presented to the financial institution under subsection (a).

(h) If a financial institution requires the services of a locksmith or other contractor to gain access to a safe deposit box, the financial institution has five (5) additional business days to comply with the requirements of subsection (d).

As added by P.L.101-2008, SEC.6.
Ind. Code § 29-2-8-3 — Indiana Code / Title 29 / Article 2 / Chapter 8 / Section 29-2-8-3
Termination of guardianship; executor or administrator
Status: in_force

Sec. 3. Upon petition signed by the absentee, or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the guardianship and the transfer of all property held to the absentee or to the designated attorney-in-fact. If at any time subsequent to the appointment of a guardian it appears that the absentee has died and an executor or administrator has been appointed for the estate, the court shall direct the termination of the guardianship and the transfer of all property of the deceased absentee to the executor or administrator.

Formerly: Acts 1945, c.35, s.3. As amended by P.L.33-1989, SEC.54.
Ind. Code § 29-3-8.5-1 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-1
Appointment
Status: in_force

Sec. 1. A court in a proceeding under this article may appoint a volunteer advocates for seniors and incapacitated adults program.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.2; P.L.72-2010, SEC.5; P.L.4-2020, SEC.5.
Ind. Code § 29-1-7.5-5 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-5
Undischarged claims; actions against distributees; contribution
Status: in_force

Sec. 5. After assets of an estate have been distributed, and subject to section 7 of this chapter, an undischarged claim not barred may be prosecuted in a proceeding against one (1) or more distributees. No distributee is liable to claimants for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who fails to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.

Formerly: Acts 1975, P.L.288, SEC.11. As amended by P.L.1-1993, SEC.213.
Ind. Code § 29-1-7-15.1 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-15.1
Determination of intestacy; presentation of will for probate; time limits; sale of property
Status: in_force

Sec. 15.1. (a) When it has been determined that a decedent died intestate and letters of administration have been issued upon the decedent's estate, no will shall be probated unless it is presented for probate:

(1) before the court decrees final distribution of the estate; or

(2) in an unsupervised estate, before a closing statement has been filed.

(b) No real property located in Indiana of which any person may die seized shall be sold by the executor or administrator of the deceased person's estate to pay any debt or obligation of the deceased person, which is not a lien of record in the county in which the real property is located or to pay any costs of administration of any decedent's estate, unless a petition for administration is filed in court under section 5 of this chapter not later than five (5) months after the decedent's death and the clerk issues letters testamentary or letters of administration not later than seven (7) months after the decedent's death.

(c) If:

(1) a petitioner files a petition for administration filed in an estate to which subsection (b) may apply; and

(2) the clerk of the court does not issue letters testamentary or of administration under subsection (a) not later than thirty (30) days after the petition for administration has been filed;

the petitioner shall serve the following notice on each creditor in the manner provided under section 7(d) of this chapter not later than forty-five (45) days after the petition for administration has been filed:

NOTICE OF PETITION FOR ADMINISTRATION

In the _______ Court of __________ County, Indiana.

Notice is hereby given that a petition for administration was filed on the ___ day of ____, 20___, in cause number _________________, concerning the estate of ___________, deceased, who died on the _____ day of _______, 20___, but the clerk of the court has not issued letters testamentary or of administration.

The estate includes real property that may be subject to sale restrictions under IC 29-1-7-15.1.

All persons who have claims against this estate, whether or not now due, must file their claims in the office of the clerk of this court not later than seventy-five (75) days after the date on which the petition for administration was filed, or not later than thirty (30) days after the date on which the petitioner serves this notice, to prevent the application of real property sale restrictions to the claims, whichever is later.

Dated at __________, Indiana this ____ day of ______________, 20___.

________________________________________as the Petitioner.

(d) The limitation described in subsection (b) on the sale of real property does not apply to a claim if:

(1) a petition for administration is filed in court under section 5 of this chapter not later than five (5) months after the decedent's death;

(2) the claimant files the claim in the office of the clerk of the court not later than:

(A) seventy-five (75) days after the date on which the petition for administration was filed; or

(B) thirty (30) days after the date on which the petitioner serves the notice required in subsection (c);

whichever is later; and

(3) the failure of the clerk to issue letters testamentary or letters of administration not later than seven (7) months after the decedent's death is not the result of the petitioner's failure to comply with the requirements of:

(A) this article;

(B) the Indiana Rules of Trial Procedure; or

(C) the local rules of the court.

(e) The court shall order the limitation described in subsection (b) inapplicable to a claimant's claim concerning the sale of real property if any interested person files a motion for findings under this subsection and the court finds that the following conditions apply:

(1) A petition for administration was filed in court under section 5 of this chapter not later than five (5) months after the decedent's death.

(2) More than thirty (30) days have elapsed since the petition was filed.

(3) The claimant is a reasonably ascertainable creditor under section 7 of this chapter.

(4) The claimant filed a claim in the estate not later than seventy-five (75) days after the date on which the petition for administration was filed, or not later than thirty (30) days after the date on which the petitioner serves the notice required in subsection (c), whichever is later.

(5) The petitioner has not satisfied the provisions of subsection (c).

(f) The title of any real property or interest therein purchased in good faith and for a valuable consideration from the heirs of any person who died seized of the real property shall not be affected or impaired by any devise made by the person of the real property so purchased, unless:

(1) the will containing the devise has been probated and recorded in the office of the clerk of the court having jurisdiction within five (5) months after the death of the testator; or

(2) an action to contest the will's validity is commenced within the time provided by law and, as a result, the will is ultimately probated.

(g) Except as provided in subsection (h), the will of the decedent shall not be admitted to probate unless the will is presented for probate before the latest of the following dates:

(1) Three (3) years after the individual's death.

(2) Sixty (60) days after the entry of an order denying the probate of a will of the decedent previously offered for probate and objected to under section 16 of this chapter.

(3) Sixty (60) days after entry of an order revoking probate of a will of the decedent previously admitted to probate and contested under section 17 of this chapter.

However, in the case of an individual presumed dead under IC 29-2-5-1, the three (3) year period commences with the date the individual's death has been established by appropriate legal action.

(h) This subsection applies with respect to the will of an individual who dies after June 30, 2011. If:

(1) no estate proceedings have been commenced for a decedent; and

(2) an asset of the decedent remains titled or registered in the name of the decedent;

the will of the decedent may be presented to the court for probate and admitted to probate at any time after the expiration of the deadline determined under subsection (g) for the sole purpose of transferring the asset described in subdivision (2). A will presented for probate under this subsection is subject to all rules governing the admission of wills to probate.

Formerly: Acts 1973, P.L.289, SEC.1; Acts 1975, P.L.288, SEC.8. As amended by P.L.263-1989, SEC.1; P.L.238-2005, SEC.11; P.L.95-2007, SEC.5; P.L.36-2011, SEC.4; P.L.163-2018, SEC.6; P.L.231-2019, SEC.8; P.L.184-2021, SEC.1; P.L.38-2023, SEC.2.
Ind. Code § 29-2-18-1 — Indiana Code / Title 29 / Article 2 / Chapter 18 / Section 29-2-18-1
Platting; town lots
Status: in_force

Sec. 1. Whenever any lands are ordered by any court to be sold, on the application of any guardian, executor or administrator, the court ordering such sale may, in their discretion, authorize such guardian, executor or administrator, previous to such sale, to lay out such lands, or a portion thereof, in town lots, and to make the necessary dedication to public use of streets, alleys and squares therein; but before any sale of such lots shall take place, and before a plat of such lots, streets, alleys and squares shall be recorded in the recorder's office─the same, with a plat thereof, shall be reported to such court for approval or rejection. If confirmed by the court, such plat shall be recorded as other plats of like nature are recorded, and shall have the same validity in law as if made by a legal proprietor of such lands who is eighteen (18) years of age or over.

Formerly: Acts 1853, c.49, s.1; Acts 1973, P.L.287, SEC.15.
Ind. Code § 29-3-1-2.6 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-2.6
"Confidential health disclosure order"
Status: in_force

Sec. 2.6. "Confidential health disclosure order", for purposes of IC 29-3-4-1.5, means an order issued by the court under IC 29-3-4-1.5.

As added by P.L.38-2023, SEC.9.
Ind. Code § 29-1-8-1 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-1
Small estates; payment upon presentation of affidavit; vehicle or watercraft; securities; insurance death benefit; safe deposit box; digital asset
Status: in_force

Sec. 1. (a) Forty-five (45) days after the death of a decedent and upon being presented an affidavit that complies with subsection (b), a person:

(1) indebted to the decedent; or

(2) having possession of personal property or an instrument evidencing a debt, an obligation, a stock, or a chose in action belonging to the decedent;

shall make payment of the indebtedness or deliver the personal property or the instrument evidencing a debt, an obligation, a stock, or a chose in action to a distributee claiming to be entitled to payment or delivery of property of the decedent as alleged in the affidavit.

(b) The affidavit required by subsection (a) must be an affidavit made by or on behalf of the distributee and must state the following:

(1) That the value of the gross probate estate, wherever located, (less liens, encumbrances, and reasonable funeral expenses) does not exceed:

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

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

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

(2) That forty-five (45) days have elapsed since the death of the decedent.

(3) That no application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction.

(4) The name and address of each distributee that is entitled to a share of the property and the part of the property to which each distributee is entitled.

(5) That the affiant has notified each distributee identified in the affidavit of the affiant's intention to present an affidavit under this section.

(6) That the affiant is entitled to payment or delivery of the property on behalf of each distributee identified in the affidavit.

(c) If a motor vehicle or watercraft (as defined in IC 9-13-2-198.5) is part of the estate, nothing in this section shall prohibit a transfer of the certificate of title to the motor vehicle if five (5) days have elapsed since the death of the decedent and no appointment of a personal representative is contemplated. A transfer under this subsection shall be made by the bureau of motor vehicles upon receipt of an affidavit containing a statement of the conditions required by subsection (b)(1) and (b)(6). The affidavit must be duly executed by the distributees of the estate.

(d) A transfer agent of a security shall change the registered ownership on the books of a corporation from the decedent to a distributee upon the presentation of an affidavit as provided in subsection (a).

(e) For the purposes of subsection (a), an insurance company that, by reason of the death of the decedent, becomes obligated to pay a death benefit to the estate of the decedent is considered a person indebted to the decedent.

(f) For purposes of subsection (a), property in a safe deposit box rented by a decedent from a financial institution organized or reorganized under the law of any state (as defined in IC 28-2-17-19) or the United States is considered personal property belonging to the decedent in the possession of the financial institution.

(g) For purposes of subsection (a), a distributee has the same rights as a personal representative under IC 32-39 to access a digital asset (as defined in IC 32-39-1-10) of the decedent.

Formerly: Acts 1953, c.112, s.801; Acts 1965, c.379, s.2; Acts 1971, P.L.406, SEC.1; Acts 1975, P.L.288, SEC.12. As amended by Acts 1977, P.L.2, SEC.80; Acts 1977, P.L.298, SEC.1; P.L.71-1991, SEC.15; P.L.77-1992, SEC.5; P.L.118-1997, SEC.16; P.L.59-2000, SEC.1; P.L.61-2006, SEC.4; P.L.51-2014, SEC.3; P.L.137-2016, SEC.1; P.L.163-2018, SEC.9; P.L.231-2019, SEC.13; P.L.56-2020, SEC.4; P.L.151-2022, SEC.1.
Ind. Code § 29-1-3-1 — Indiana Code / Title 29 / Article 1 / Chapter 3 / Section 29-1-3-1
Limitations and conditions
Status: in_force

Sec. 1. (a) When a married individual dies testate as to any part of the individual's estate, the surviving spouse is entitled to take against the will under the limitations and conditions stated in this chapter. The surviving spouse, upon electing to take against the will, is entitled to one-half (1/2) of the net personal and real estate of the testator. However, if the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent and the decedent left surviving a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall upon such election take one-third (1/3) of the net personal estate of the testator plus an amount equal to twenty-five percent (25%) of the remainder of:

(1) the fair market value as of the date of death of the real property of the testator; minus

(2) the value of the liens and encumbrances on the real property of the testator.

In determining the net estate of a deceased spouse for the purpose of computing the amount due the surviving spouse electing to take against the will, the court shall consider only such property as would have passed under the laws of descent and distribution.

(b) When the value of the property given the surviving spouse under the will is less than the amount the surviving spouse would receive by electing to take against the will, the surviving spouse may elect to retain any or all specific bequests or devises given to the surviving spouse in the will at their fair market value as of the time of the decedent's death and receive the balance due in cash or property.

(c) Except as provided in subsection (b), in electing to take against the will, the surviving spouse is deemed to renounce all rights and interest of every kind and character in the personal and real property of the deceased spouse, and to accept the elected award in lieu thereof.

(d) When a surviving spouse elects to take against the will, the surviving spouse shall be deemed to take by descent, as a modified share, the part of the net estate as does not come to the surviving spouse by the terms of the will. Where by virtue of an election pursuant to this chapter it is determined that the surviving spouse has renounced the surviving spouse's rights in any devise, either in trust or otherwise, the will shall be construed with respect to the property so devised to the surviving spouse as if the surviving spouse had predeceased the testator.

Formerly: Acts 1953, c.112, s.301. As amended by Acts 1982, P.L.171, SEC.14; P.L.168-1988, SEC.1; P.L.176-2003, SEC.4; P.L.61-2006, SEC.2.
Ind. Code § 29-1-15-17 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-17
Execution of conveyance or lease; certified copy of order; power given under will
Status: in_force

Sec. 17. Whenever a personal representative executes a deed, mortgage, lease or other conveyance under a power given the personal representative in any will, a certified copy of the will giving such power and a certified copy of the personal representative's letters may be recorded with the deed, mortgage, lease, or other instrument executed by the personal representative pursuant to and in accordance with such power, and such certified copies shall be prima facie evidence of the due appointment and qualification of the personal representative and the personal representative's authority to execute said deed, mortgage, lease, or other instrument.

Formerly: Acts 1953, c.112, s.1517. As amended by Acts 1982, P.L.171, SEC.45; P.L.238-2005, SEC.14.
Ind. Code § 29-1-16-9 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-9
Death or incompetency of personal representative; out-of-state residency
Status: in_force

Sec. 9. (a) If the personal representative dies or becomes incompetent, his account shall be presented by his personal representative or the guardian of his estate to, and settled by, the court in which the estate of which he was personal representative is being administered and the the court shall settle the account as in other cases. The personal representative of the deceased personal representative shall have no authority as such to proceed with the administration.

(b) Where the deceased or incompetent person has no personal representative or guardian, the surety upon his bond shall file such account on his behalf.

(c) Where a personal representative is without the state, and fails to account as provided in this article, such account may be filed by his resident agent or by his surety or its resident agent and the court may compel the surety or its resident agent to file such account.

Formerly: Acts 1953, c.112, s.1609. As amended by Acts 1982, P.L.171, SEC.47.
Ind. Code § 29-1-5-3 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-3
Signatures; counterpart; video
Status: in_force

Sec. 3. (a) This section applies to a will executed before, on, or after July 1, 2003. A will, other than a nuncupative will, must be executed by the signature of the testator and of at least two (2) witnesses on:

(1) a will under subsection (b);

(2) a self-proving clause under section 3.1(c) of this chapter; or

(3) a self-proving clause under section 3.1(d) of this chapter.

(b) A will may be attested as follows:

(1) The testator, in the presence of two (2) or more attesting witnesses, shall signify to the witnesses that the instrument is the testator's will and either:

(A) sign the will;

(B) acknowledge the testator's signature already made; or

(C) at the testator's direction and in the testator's presence have someone else sign the testator's name.

(2) The attesting witnesses must sign in the presence of the testator and each other.

An attestation or self-proving clause is not required under this subsection for a valid will.

(c) Under the supervision of an attorney or directed paralegal, the testator and the witnesses may execute and complete the will in two (2) or more original counterparts that exist in a tangible and readable paper form with:

(1) the testator's signature placed on one (1) original counterpart in the presence of attesting witnesses; and

(2) the signatures of the witnesses placed on one (1) or more different counterparts of the same will;

in a tangible and readable paper form. If a will is signed and witnessed in counterparts under this subsection, the testator or an individual acting at the testator's specific direction must physically assemble all of the separately signed paper counterparts of the will and the signatures of the testator and all attesting witnesses not later than five (5) business days after all the paper counterparts have been signed by the testator and witnesses. If the testator directs another individual to assemble the separate, signed paper counterparts of the will into a single composite paper document, the five (5) business day period does not commence until the compiling individual receives all of the separately signed paper counterparts. Any scanned copy or photocopy of the composite document containing all signatures shall be treated as validly signed under this section and may be electronically filed to offer the will for probate under IC 29-1-7. If the testator dies after executing a will under this subsection but before the separate counterparts are assembled into a single composite paper document, the intervening death of the testator shall not affect the validity of the will.

(d) An attorney or directed paralegal must supervise the execution of a will that is signed and witnessed in counterparts as described in subsection (c). An attorney or directed paralegal may supervise the execution of a will in counterparts even if the supervising attorney or directed paralegal is one (1) of the will's attesting witnesses. When an attorney or directed paralegal supervises the execution of a will in counterparts as described in subsection (c), the attorney or directed paralegal must sign, date, and complete an affidavit of compliance within a reasonable time after all paper counterparts of the will have been signed by the testator and the witnesses. An affidavit of compliance under this subsection must be sworn or affirmed by the signing attorney or directed paralegal under the penalties of perjury and must contain the following information:

(1) The name and residence address of the testator.

(2) The name and:

(A) residential address; or

(B) business address;

for each witness who signs the will.

(3) The address, city, and state in which the testator was physically located at the time the testator signed an original counterpart of the will.

(4) The city and state in which each attesting witness was physically located when the witness signed an original counterpart of the will as a witness.

(5) A description of the method and form of identification used to confirm the identity of the testator to the witnesses and to the supervising attorney or directed paralegal, as applicable.

(6) A description of the audiovisual technology or other method used by the supervising attorney or paralegal, as applicable, the testator, and the witnesses for the purpose of interacting with each other in real time during the signing process.

(7) A description of the method used by the testator and the witnesses to identify the location of each page break within the text of the will and to confirm that the separate paper counterparts of the will were identical in content.

(8) A general description of how and when the attorney or paralegal, as applicable, physically combined the separate, signed paper counterparts of the will into a single composite paper document containing the will, the signature of the testator, and the signatures of all attesting witnesses.

(9) The name, business or residence address, and telephone number of the attorney or directed paralegal who supervised the execution and witnessing of the will in counterparts.

(10) Any other information that the supervising attorney or directed paralegal, as applicable, considers to be material with respect to:

(A) the testator's capacity to sign a valid will; and

(B) the testator's and witnesses' compliance with subsection (c).

(e) When a party files a petition under IC 29-1-7 to probate a will that was executed and witnessed in counterparts under subsection (c), the party shall file a true copy of the affidavit of compliance under subsection (d) with the petition or at any time ordered by the court. A party who files a copy of the affidavit of compliance may redact private information from the affidavit in a manner consistent with Rule 5 of the Indiana Rules on Access to Court Records. If a will is executed and witnessed in counterparts under subsection (c) but without the supervision of an attorney or directed paralegal and that will is later offered for probate under IC 29-1-7, the will is voidable in the discretion of the court, upon objection to probate filed under IC 29-1-7-16, or upon a timely filed will contest under IC 29-1-7-17.

(f) A will that is executed substantially in compliance with subsection (b) will not be rendered invalid by the existence of:

(1) an attestation or self-proving clause or other language; or

(2) additional signatures;

not required by subsection (b).

(g) A will executed in accordance with subsection (b) is self-proved if the witness signatures follow an attestation or self-proving clause or other declaration indicating in substance the facts set forth in section 3.1(c) or 3.1(d) of this chapter.

(h) This section shall be construed in favor of effectuating the testator's intent to make a valid will.

Formerly: Acts 1953, c.112, s.503; Acts 1975, P.L.288, SEC.4. As amended by Acts 1978, P.L.132, SEC.2; P.L.273-1983, SEC.1; P.L.273-1985, SEC.1; P.L.262-1989, SEC.1; P.L.4-2003, SEC.1; P.L.176-2003, SEC.6; P.L.185-2021, SEC.2; P.L.9-2022, SEC.60.
Ind. Code § 29-1-5-8 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-8
Revocation; divorce; annulment of marriage; change in circumstances
Status: in_force

Sec. 8. If after making a will the testator's marriage is dissolved or annulled, all provisions in the will in favor of the testator's former spouse are revoked as of the time of the dissolution or annulment of the marriage. The will provisions are reinstated if the testator remarries the former spouse.

Formerly: Acts 1953, c.112, s.508. As amended by P.L.136-2018, SEC.214; P.L.99-2024, SEC.7.
Ind. Code § 29-2-12-3 — Indiana Code / Title 29 / Article 2 / Chapter 12 / Section 29-2-12-3
Payment; recovery
Status: in_force

Sec. 3. The personal representative of decedent's estate or the person paying the federal estate tax imposed upon said estate by said United States revenue code shall be entitled to recover such tax so paid proportionately from each such person, heir, or beneficiary as is provided in this chapter.

Formerly: Acts 1969, c.175, s.3. As amended by P.L.136-2018, SEC.219.
Ind. Code § 29-1-7-4 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-4
Petitions; hearing
Status: in_force

Sec. 4. (a) Any interested person or a personal representative named in the will may petition the court having jurisdiction of the administration of the decedent's estate:

(1) to have the will of such decedent, whether the same is written or is unwritten, is in his possession or not, is lost, destroyed, or without the state, probated;

(2) for the issuance of letters testamentary to the executor named in said will for the administration of said estate;

(3) for the appointment of an administrator with the will annexed if no executor is designated in said will or if the person so designated is not qualified, dead, or refuses to serve; or

(4) for the appointment of an administrator for the estate of any person dying intestate.

(b) A petition for probate may be combined with a petition for the issuance of letters testamentary, or as administrator with the will annexed, and a person interested in the probate of a will and in the administration of the estate may petition for both.

(c) No notice that a will is to be offered for probate or that it has been probated shall be required.

(d) No notice of the filing of, and hearing on, the petition described in this section shall be given to or served upon any person. If the petition described herein is filed in term time, it shall be heard forthwith by the court, and if filed in vacation, it shall be heard by the judge of said court if present, or in his absence by the clerk of the said court.

(e) If:

(1) an interested person petitions for the appointment of an administrator for the estate of a person dying intestate; and

(2) a petition to dissolve the marriage of the decedent and the decedent's spouse is pending in an Indiana court or the court of another state at the time of the decedent's death;

the court may not appoint the decedent's spouse to be the administrator of the decedent's estate.

(f) Subsection (e) does not apply to a petition for appointment of an administrator for the estate of a person dying intestate if the application of subsection (e) is waived in an agreement signed by each person, except a person who is incapacitated or a minor, who is eligible for a distribution from the decedent's net estate under IC 29-1-2-1. A waiver may be submitted to the court at any time before the appointment of an administrator.

Formerly: Acts 1953, c.112, s.704. As amended by P.L.182-1999, SEC.1.
Ind. Code § 29-2-19-11 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-11
Immunity for good faith reliance
Status: in_force

Sec. 11. (a) A person who acts in good faith reliance on a declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person.

(b) A person who deals with a declaration may presume, in the absence of actual knowledge to the contrary, that:

(1) the declaration was validly executed; and

(2) the declarant was competent at the time the declaration was executed.

(c) The directions of a declarant expressed in a declaration are binding as if the declarant were alive and competent.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-3-13-1 — Indiana Code / Title 29 / Article 3 / Chapter 13 / Section 29-3-13-1
Payment of debt or delivery of property to foreign guardian
Status: in_force

Sec. 1. (a) Any person indebted to an incapacitated person or minor, or having possession of property belonging to a minor or incapacitated person, may pay the debt or deliver the property to a foreign guardian appointed by a court of the state in which the incapacitated person or minor resides upon being presented with proof of the foreign guardian's appointment and an affidavit made by the foreign guardian stating the following:

(1) That the foreign guardian does not know of any other guardianship proceeding, relating to the incapacitated person or minor, pending in Indiana.

(2) That the letters of the foreign guardian were duly issued.

(3) In the case of an incapacitated person who is an adult (as defined in IC 29-3.5-1-2(1)), that the foreign guardian does not know of a court in a jurisdiction other than Indiana that has exercised jurisdiction regarding the incapacitated person under a law similar to IC 29-3.5-2.

(4) That the foreign guardian is entitled to receive the payment or delivery.

(b) If the person to whom the affidavit is presented does not know of any other guardianship proceeding pending in Indiana, payment or delivery in response to the demand and affidavit discharges the debtor or possessor from any further liability.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.81; P.L.178-2011, SEC.7.
Ind. Code § 29-3-14-6 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-6
Communication of a request or decision
Status: in_force

Sec. 6. A request or decision made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized as the request or decision of the adult for the purposes of any provision of law.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-1-21-9 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-9
Use of converted copy; affidavit
Status: in_force

Sec. 9. (a) If:

(1) a person discovers an accurate and substantially complete copy of an electronic will that:

(A) bears the signatures of the testator and attesting witnesses; and

(B) lacks some other portion of the electronic will; or

(2) the electronic record for an electronic will becomes lost or corrupted so that the absence of unauthorized alteration or tampering cannot be assured by viewing the electronic record;

the attorney, custodian, or living testator with access to a complete nonelectronic copy of the electronic will or the person described in subdivision (1) may prepare a complete converted copy of the electronic will using all available information.

(b) A person who creates a complete converted copy of an electronic will under subsection (a) shall sign an affidavit that specifies the following:

(1) When the electronic will was created if not specified in the body of the electronic will.

(2) When the electronic will was discovered.

(3) How the electronic will was discovered.

(4) The method and format that the electronic will was stored under (if known).

(5) The methods (if any) used to:

(A) prevent alterations to the electronic record; or

(B) ensure the accuracy and authenticity of the electronic record.

(6) Whether the electronic will has been altered since its creation.

(7) Confirmation that an electronic record, including any associated document integrity evidence for the electronic will, was created at the time the testator made the electronic will.

(8) Confirmation by the person responsible for:

(A) creating the complete converted copy; and

(B) signing the affidavit;

that, to the best of the person's knowledge, the electronic record has not been altered while in the custody of the current custodian or any prior custodian.

(9) Confirmation that the complete converted copy is a complete and correct duplication of:

(A) the electronic will; and

(B) the date, place, and time of the electronic will's execution by the testator and the attesting witnesses.

(c) A complete converted copy derived from a complete and correct electronic will may be offered for and admitted to probate in the same manner as a traditional paper will.

(d) A complete converted copy derived from a complete and correct self-proved electronic will shall be presumed to be valid and, absent any objection, admitted to probate without the need for additional proof.

(e) If a complete converted copy is generated from a complete and intact electronic record associated with an electronic will at or after the time of its execution, the person who generates the complete converted copy is not required to sign the affidavit described in subsection (b).

As added by P.L.40-2018, SEC.2.
Ind. Code § 29-3-1-7.8 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-7.8
"Less restrictive alternatives"
Status: in_force

Sec. 7.8. (a) "Less restrictive alternatives" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of the guardian.

(b) Less restrictive alternatives may include, but are not limited to, the following:

(1) A supported decision making agreement (as defined in IC 29-3-14-2).

(2) Appropriate technological assistance.

(3) The appointment of a representative payee.

(4) The appointment of a health care representative (as defined in IC 16-36-1-2).

(5) The creation of a power of attorney (as defined in IC 30-5-2-7).

As added by P.L.68-2019, SEC.1.
Ind. Code § 29-3-3-2 — Indiana Code / Title 29 / Article 3 / Chapter 3 / Section 29-3-3-2
Property of incapacitated person not in excess of $10,000; deposit, delivery, and disposition of property; compensation and expenses of receiver
Status: in_force

Sec. 2. When the entire property of an incapacitated person does not exceed the value of ten thousand dollars ($10,000), the court may, without the appointment of a guardian, giving of bond, or other order of court, authorize:

(1) the deposit of the property in a depository authorized to receive fiduciary funds in the name of a suitable person designated by the court; or

(2) if the property does not consist of money, the delivery of the property to a suitable person designated by the court.

The person receiving the property shall hold and dispose of the property in the manner the court directs and is entitled to reasonable compensation and to reimbursement for reasonable expenses incurred in good faith on behalf of the incapacitated person and approved by the court.

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.5; P.L.252-2001, SEC.27.
Ind. Code § 29-1-21-4 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-4
Attestation; electronic signature; self-proving clause; affidavit of compliance
Status: in_force

Sec. 4. (a) To be valid as a will under this article, an electronic will must be executed by the electronic signature of the testator and attested to by the electronic signatures of at least two (2) witnesses in the following manner:

(1) The testator, the attesting witnesses, and any individual who signs for the testator under subdivision (4)(B) must be in each other's presence when the electronic signatures are made in or on the electronic will. A person, including an attorney or directed paralegal, who supervises the execution of the electronic will may act and sign as one (1) of the attesting witnesses if the person does not sign the electronic will at the testator's direction under subdivision (4)(B). The testator and witnesses must be able to interact with each other and the witnesses must be able to observe the testator and each other as the electronic will is being signed.

(2) The testator and attesting witnesses must comply with:

(A) the prompts, if any, issued by the software being used to perform the electronic signing; or

(B) the instructions by the person, if any, responsible for supervising the execution of the electronic will.

(3) The testator must state, in the presence of the attesting witnesses, that the instrument to be electronically signed is the testator's will.

(4) The testator must:

(A) electronically sign the electronic will in the presence of the attesting witnesses; or

(B) direct another adult individual who is not an attesting witness to sign the electronic will on the testator's behalf in the presence of the testator and the attesting witnesses.

(5) The attesting witnesses must electronically sign the electronic will in the presence of:

(A) the testator; and

(B) each other;

after the testator has electronically signed the electronic will.

(6) The:

(A) testator; or

(B) other adult individual who is:

(i) not an attesting witness; and

(ii) acting on behalf of the testator;

must command the software application or user interface to finalize the electronically signed electronic will as an electronic record.

The process described in this section may include as part of the electronic record for the electronic will any identity verification evidence pertaining to the testator or any document integrity evidence for the electronic will.

(b) If the testator and the witnesses are not in each other's physical presence when the electronic will is signed and witnessed and if the testator and the witnesses use audiovisual technology to satisfy the presence requirement in subsection (a) and section 3(17) of this chapter, an attorney or a directed paralegal must supervise the signing and the witnessing of the electronic will.

(c) Within a reasonable time after an attorney or a directed paralegal supervises the signing and witnessing of an electronic will in the manner described in subsection (b), the attorney or directed paralegal must sign an affidavit of compliance. An affidavit of compliance under this subsection must be sworn to or affirmed by the signing attorney or directed paralegal under the penalties of perjury and must contain:

(1) the name and residential address of the testator;

(2) the name and:

(A) residential address; or

(B) business address;

for each witness who signs the electronic will;

(3) the address, city, and state in which the testator is physically located at the time the testator signs the electronic will;

(4) the city and state in which each attesting witness is physically located when the witness signs the electronic will as a witness;

(5) a description of the method and form of identification used to confirm the identity of the testator to the witnesses and supervising attorney or directed paralegal;

(6) a description of the method used by the supervising attorney or paralegal, testator, and the witnesses for the purpose of interacting with each other in real time during the signing process;

(7) a brief description of the method used to add or capture the electronic signature of the testator and the witnesses;

(8) the name, business or residential address, and telephone number of the attorney or directed paralegal who supervised the execution of the electronic will; and

(9) any other information that the supervising attorney or directed paralegal considers to be material to:

(A) the testator's capacity to sign a valid will; and

(B) the testator's and witnesses' compliance with subsection (a).

(d) When a party files a petition under IC 29-1-7 to probate an electronic will that was executed and witnessed in the manner described in subsection (b), the party shall file a true copy of the affidavit of compliance under subsection (c) with the petition or at any time ordered by the court. A party who files a copy of the affidavit of compliance may redact private information from the affidavit in a manner consistent with Rule 5 of the Rules on Access to Court Records. If an electronic will is executed and witnessed under subsection (c) but without the supervision of an attorney or directed paralegal and that will is later offered for probate under IC 29-1-7, the will is voidable in the discretion of the court, upon objection to probate filed under IC 29-1-7-16, or upon a timely filed will contest under IC 29-1-7-17.

(e) An electronic will may be self-proved:

(1) at the time that it is electronically signed; and

(2) before it is electronically finalized;

by incorporating into the electronic record of the electronic will a self-proving clause described under subsection (f). An electronic will is not required to contain an attestation clause or a self-proving clause in order to be a valid electronic will.

(f) A self-proving clause under subsection (e) must substantially be in the following form:

"We, the undersigned testator and the undersigned witnesses, whose names are signed to the attached or foregoing instrument, declare:

(1) That the testator executed the instrument as the testator's will;

(2) That, in the presence of both witnesses, the testator signed the will or directed another individual who is not one of the witnesses to sign for the testator in the testator's presence and in the witnesses' presence;

(3) That the testator executed the will as a free and voluntary act for the purposes expressed in it;

(4) That each of the witnesses, in the presence of the testator and each other, signed the will as a witness;

(5) That the testator was of sound mind when the will was executed; and

(6) That, to the best knowledge of each attesting witness, the testator was, at the time the will was executed, at least eighteen (18) years of age or was a member of the armed forces or of the merchant marine of the United States or its allies.

__________________________________

(insert date)(insert signature of testator)

__________________________________

(insert date)(insert signature of witness)

__________________________________

(insert date)(insert signature of witness)".

A single signature from the testator and from each attesting witness may be provided for any electronic will bearing or containing a self-proving clause.

(g) An electronic will that is executed in compliance with subsection (a) shall not be rendered invalid by the existence of any of the following attributes:

(1) An attestation clause.

(2) Additional signatures.

(3) A self-proving clause that differs in form from the exemplar provided in subsection (f).

(4) Any additional language that refers to the circumstances or manner in which the electronic will was executed.

(h) This section shall be construed in a manner that gives effect to the testator's intent to execute a valid will.

As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.7.
Ind. Code § 29-1-7-16.5 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-16.5
Notice of will; contest of will within 90 days
Status: in_force

Sec. 16.5. (a) A testator or a testator's agent at the testator's direction may send a written notice under this section to the following:

(1) Any person named as a beneficiary in the testator's will.

(2) Any person who would be entitled to inherit from the testator under IC 29-1-2-1 if the testator died intestate on the date the notice is received.

(3) Any person who the testator wishes to bar from contesting the validity of the testator's will under this chapter.

(b) If a testator's will includes a provision exercising a power of appointment, the testator or the testator's agent acting at the testator's direction may send a written notice that complies with this section to the following:

(1) Any person named in the exercise of the power of appointment as a beneficiary.

(2) Any person who would be entitled to receive property for which the testator exercises the power of appointment if the testator failed to validly exercise the power of appointment.

(3) A trustee of a trust holding property subject to the power of appointment.

(4) A person the testator wishes to be bound to the validity of the exercise of the power of appointment under the testator's will.

(c) A testator or a testator's agent must send a written notice under this section to a recipient described in subsection (a) in accordance with Rules 4.1 through 4.6 of the Indiana Rules of Trial Procedure.

(d) A written notice under this section must include the following:

(1) A copy of the testator's will.

(2) The name and address of each person to whom the testator has sent the written notice.

(e) A person who wishes to contest the validity of the will must file a proceeding to contest the will within ninety (90) days after the receipt of the notice, unless the testator dies before the ninety (90) day period has elapsed.

(f) Transmission of notice under this section to a recipient at the recipient's last known address is prima facie evidence that notice was received, unless controverted by competent evidence to the contrary. A person is deemed to have received a written notice under this section if the written notice was sent to any person who under IC 29-1-1-20 may represent and bind that person.

(g) A person who receives a written notice under this section and wishes to contest the will or the testator's exercise of a power of appointment must file a proceeding in the court that would have subject matter jurisdiction of the testator's will, as a separate cause of action, not later than ninety (90) days after the person's receipt of the written notice.

(h) A proceeding to contest filed under subsection (g) must name the following persons, if the persons exist or are living, as party defendants:

(1) The testator.

(2) The testator's spouse.

(3) Any person who would be entitled to inherit under IC 29-1-2-1 if the testator died intestate on the date of the written notice sent under this section.

(4) Beneficiaries named or who are discernible as part of a class identified in the will.

(5) The primary personal representative nominated in the will.

(6) Any person who was sent a written notice under this section.

(i) A proceeding filed under subsection (g) must allege at least one (1) of the following:

(1) The will does not meet the requirements for the execution of a valid will under IC 29-1-5-3 or IC 29-1-21-4.

(2) The testator was of unsound mind at the time the will was executed.

(3) The will was unduly executed.

(4) The will was executed under duress or was obtained by fraud.

(5) Any other objection to the validity of the will, the probate of the will, or the testator's exercise of a power of appointment.

(j) If:

(1) a testator resided in Indiana at the time of death;

(2) a notice sent under subsection (c) was received by a person;

(3) ninety (90) days or more have passed after the person received the notice before the testator's death; and

(4) the person did not file a will contest under this section within ninety (90) days after the person's receipt of the notice;

that person is barred from filing a proceeding under section 17 of this chapter or under this section. That person may not seek relief as a co-plaintiff or intervenor in a proceeding commenced by another person under section 17 of this chapter or this section.

(k) If the testator dies before the end of the ninety (90) day period under subsection (e), the bar and limitation set forth under subsection (g) do not apply to the testator's will that was disclosed under subsection (d), and section 17 of this chapter applies to a will contest after the entry of an order admitting a will of the testator to probate.

(l) If the ninety (90) day period described in subsection (e) has not expired as of the date of the death of the testator, the bar and limitation under subsection (g) do not apply to the testator's will that was disclosed in the written notice.

(m) The failure of a testator to use the procedures or adhere to the requirements of this section may not be offered or cited as evidence that a will is not valid.

(n) Nothing in this section precludes a testator who provides a written notice under this section from executing a later will or codicil, but the written notice sent with respect to an earlier will or a proceeding under this section has no effect on a determination of the validity of the later will or codicil.

(o) Nothing in this section shall be construed as abrogating the right or cutting short the time period for a spouse to seek an elective share under IC 29-1-3-1.

As added by P.L.38-2023, SEC.3. Amended by P.L.1-2025, SEC.222.
Ind. Code § 29-3-2-6 — Indiana Code / Title 29 / Article 3 / Chapter 2 / Section 29-3-2-6
Application of decedents' estates law to guardianships and protected persons
Status: in_force

Sec. 6. (a) The applicable rules regarding decedents' estates in IC 29-1-7 through IC 29-1-17 apply to guardianships and protective proceedings under IC 29-3-4 when consistent with this article and IC 29-1-19.

(b) IC 29-1-1-6 through IC 29-1-1-7, IC 29-1-1-9 through IC 29-1-1-10, IC 29-1-1-12 through IC 29-1-1-14, IC 29-1-1-16 through IC 29-1-1-18, and IC 29-1-1-20 through IC 29-1-1-24 apply to guardianships under this article and IC 29-1-19.

(c) This article extends to persons specifically provided for under IC 29-1-19. The provisions of this article are cumulative to the provisions of IC 29-1-19. A conflict arising between this article and IC 29-1-19 is resolved by giving effect to the law stated in IC 29-1-19 in cases to which it applies.

(d) The provisions of IC 29-1-15 concerning the sale of decedents' property apply to the sale of protected persons' property.

(e) The provisions of IC 29-1-16 concerning accounting in decedents' estates apply to accounting in protected persons' estates that are consistent with this article.

(f) The provisions of IC 29-1-14-2, IC 29-1-14-10, IC 29-1-14-11, IC 29-1-14-12, IC 29-1-14-13, and IC 29-1-14-17 concerning claims against decedents' estates apply to claims against protected persons' estates.

As added by P.L.264-1989, SEC.3.
Ind. Code § 29-1-10-16 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-16
Pending will contest; administration of estate
Status: in_force

Sec. 16. Prior to the adjudication of a pending will contest any general personal representative or any special administrator, within the limits of his authority, shall proceed to administer the estate pursuant to the law respecting intestate estates, so far as the same may be done consistent with the terms of any such will.

Formerly: Acts 1953, c.112, s.1016.
Ind. Code § 29-3-8-2 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-2
Powers which guardian may exercise
Status: in_force

Sec. 2. (a) The guardian of a minor may exercise all of the powers required to perform the guardian's responsibilities, including the following:

(1) The power to receive property payable to the minor or the minor's parent, guardian, or custodian from any source, including any statutory benefit, insurance system, or private contract, devise, trust, or custodianship.

(2) The power to take custody of the person of the minor and establish the minor's place of abode within or without Indiana if in accordance with IC 29-3-9-2.

(3) The power to institute proceedings or take other appropriate action to compel the performance by any person of a duty to support the minor or to pay for the minor's education, health, or welfare.

(4) The power to consent to medical or other professional care and treatment for the minor's health and welfare.

(5) The power to consent to the marriage or adoption of the minor.

(6) If reasonable, the power to delegate to the minor certain responsibilities for decisions affecting the minor's business affairs and well-being.

(7) The power to purchase a home for the minor or the minor's dependents, to protect the minor's existing home, or to protect the minor's interest in any real estate in which the minor may have an interest, contractual or otherwise, or to purchase any other interest in real property where the court finds the purchase to be in the minor's best interest.

(8) The powers with respect to the guardianship property as are granted to a guardian under section 4 of this chapter with respect to guardianship property.

(9) The power to bind all or any part of the guardianship property in a transaction for the benefit of the minor unless the third party dealing with the guardian is acting in bad faith.

(10) If the minor has no living parent, other than a parent who is an incapacitated person, the powers granted to the parent of a minor under IC 29-3-3-3(1) through IC 29-3-3-3(8).

(b) The guardian (other than a temporary guardian) of an incapacitated person has all of the powers to perform the guardian's responsibilities, including the powers with respect to the incapacitated person and the incapacitated person's property regardless of where the property is located, that are granted to the guardian of a minor enumerated in subsection (a)(1) through (a)(9).

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.11.
Ind. Code § 29-2-19-6 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-6
"Grave memorial"
Status: in_force

Sec. 6. As used in this chapter, "grave memorial" has the meaning set forth in IC 14-21-2-2.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-2-2-4 — Indiana Code / Title 29 / Article 2 / Chapter 2 / Section 29-2-2-4
Duties defined; records
Status: in_force

Sec. 4. At the time of the appointment of said commissioner, or as soon thereafter as may be practicable, the court shall define the duties of such commissioner and cause a record thereof to be made upon the order-book of said court.

Formerly: Acts 1891, c.137, s.4.
Ind. Code § 29-3-1-2.7 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-2.7
"Content of an electronic communication"
Status: in_force

Sec. 2.7. "Content of an electronic communication" has the meaning set forth in IC 32-39-1-6.

As added by P.L.137-2016, SEC.4.
Ind. Code § 29-3-14-2 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-2
"Supported decision making agreement"
Status: in_force

Sec. 2. As used in this chapter, "supported decision making agreement" means a document that outlines the decision making supports and accommodations the adult chooses to receive from one (1) or more supporters.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-1-17-13.5 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-13.5
Distribution of assets from certain solvent supervised estates
Status: in_force

Sec. 13.5. (a) This section applies to a solvent supervised estate if:

(1) a decree of final distribution has been entered by the court under section 2 of this chapter;

(2) the personal representative has filed a supplemental report of distribution and the court has entered an order of discharge under section 13 of this chapter; and

(3) one (1) or more than one (1) estate assets shown on hand in the personal representative's final account remain undistributed after the entry of the order of discharge.

(b) If the undistributed assets of the estate are specifically described in the decree of final distribution, distribution of any of the assets may be accomplished or documented by:

(1) the distributee who is entitled to receive the asset filing or recording of an affidavit under subsection (c); or

(2) the personal representative's execution and recording or filing of a personal representative's deed or other transfer document under subsection (e).

(c) If the decree of final distribution under section 2 of this chapter identifies one (1) or more distributees who are entitled to receive distribution of an asset that remains undistributed, any distributee may sign and file with the court an affidavit that:

(1) states the cause number and the caption for the estate;

(2) states the date on which the decree of final distribution was entered by the court;

(3) identifies the undistributed asset described in the decree and to which the distributee is entitled;

(4) states the interest in the asset that has passed to the distributee who signs the affidavit and to each other distributee who has an interest in that asset; and

(5) states that the undistributed asset has passed by operation of law under IC 29-1-7-23(a) to the distributee who signs the affidavit, as a result of the decedent's death and the entry of the decree of final distribution.

(d) If an undistributed asset consists of an interest in real property, the distributee must record a copy of the affidavit and a copy of the decree of final distribution with the county recorder of the county in which the real property is situated. If the decree of final distribution does not include the full legal description of the real property, the distributee who signs the affidavit must include in the affidavit the legal description of the real property and the property tax parcel identification number for the real property.

(e) Notwithstanding the filing of a supplemental report of distribution and the court's entry of an order of discharge under section 13 of this chapter, the personal representative's powers to complete distribution and delivery of all undistributed estate assets continue for a period of ninety (90) days beginning on the day after the date of entry of the order of discharge in the chronological case summary. During that ninety (90) day period:

(1) the personal representative may proceed, without any further court order, to sign and deliver any assignment or transfer document to complete the distribution of personal property and may sign and record a personal representative's deed to complete the distribution of real property of the estate; and

(2) any distributee who has an interest in an undistributed estate asset may petition the court for an order compelling the personal representative to sign and deliver or to sign and record a personal representative's deed or other assignment or transfer document to complete the distribution of that estate asset.

If a petition under subdivision (2) is filed before the ninety (90) day period ends and if the court issues an order, the order will be effective without notice to any persons other than the personal representative and the distributee who filed the petition, even if the order is issued after the ninety (90) day period ends.

As added by P.L.150-2022, SEC.1.
Ind. Code § 29-1-7-1 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-1
Venue; transfer of proceedings
Status: in_force

Sec. 1. (a) The venue for the probate of a will and for the administration of an estate shall be:

(1) In the county in this state where the decedent had his domicile at the time of his death.

(2) When not domiciled in this state in any county in the state, where he left any property at the time of his decease; or into which county any property belonging to his estate may have come after his decease.

(b) If proceedings are commenced in more than one (1) county, they shall be stayed except in the county where first commenced until final determination of the venue by the court in the county where first commenced, and thereupon all proceedings in any county, other than the county where jurisdiction has been finally determined to exist, shall be dismissed. If the proper venue is finally determined to be in another county, the court, after making and retaining a true copy of the entire file, shall transmit the original to the proper county. The proceeding shall be deemed commenced by the filing of a petition; and the proceeding first legally commenced shall extend to all of the property of the estate in this state.

(c) If it appears to the court at any time before the decree of final distribution in any proceedings that the proceeding was commenced in the wrong county or that it would be for the best interests of the estate, the court, in its discretion, may order the proceeding with all papers, files and a certified copy of all orders therein transferred to another court having probate jurisdiction, which other court shall thereupon proceed to complete the administration proceedings as if originally commenced therein.

Formerly: Acts 1953, c.112, s.701.