Ind. Code § 29-1-10-6.5 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-6.5
Removal of personal representative following a change in control of a corporate fiduciary
Status: in_force

Sec. 6.5. (a) This section does not apply to the removal of a personal representative under section 6 of this chapter.

(b) An interested person may petition the court for the removal of a corporate fiduciary appointed by the court as personal representative if there has been a change in the control of the corporate fiduciary and either of the following applies:

(1) The change in the control of the corporate fiduciary occurred after the date of the execution of the decedent's will but before the decedent's death.

(2) The change in the control of the corporate fiduciary occurred after the corporate fiduciary was appointed and during the administration of the decedent's estate.

(c) A petition described in subsection (b) must be filed:

(1) not later than thirty (30) days after an interested person receives notice under IC 29-1-7-7(c) or IC 29-1-7.5-1.5, in the case of a change of control described in subsection (b)(1); or

(2) not later than a reasonable time after the change of control, in the case of a change of control described in subsection (b)(2).

(d) The court may remove the corporate fiduciary if the court determines, after a hearing, that the removal is in the best interests of all interested persons. The court may replace the corporate fiduciary with another corporate fiduciary or an individual.

(e) For purposes of this section, a change in control of a corporate fiduciary occurs whenever a person or group of persons acting in concert acquires the beneficial ownership of a total of at least twenty-five percent (25%) of the outstanding voting stock of:

(1) a corporate fiduciary; or

(2) a corporation controlling a corporate fiduciary.

(f) The removal of a corporate fiduciary after letters are duly issued does not invalidate official acts performed before the removal.

(g) If a corporate fiduciary is replaced under this section, the corporate fiduciary is entitled to receive reasonable compensation for services rendered before the removal.

As added by P.L.143-2009, SEC.13. Amended by P.L.6-2010, SEC.8.
Ind. Code § 29-1-5-6 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-6
Revocation; revival
Status: in_force

Sec. 6. No will in writing, nor any part thereof, except as in this article provided, shall be revoked, unless the testator, or some other person in his presence and by his direction, with intent to revoke, shall destroy or mutilate the same; or such testator shall execute other writing for that purpose, signed, subscribed and attested as required in section 3 or 3.1 of this chapter. A will can be revoked in part only by the execution of a writing as herein provided. And if, after the making of any will, the testator shall execute a second, a revocation of the second shall not revive the first will, unless it shall appear by the terms of such revocation to have been his intent to revive it, or, unless, after such revocation, he shall duly republish the previous will.

Formerly: Acts 1953, c.112, s.506. As amended by Acts 1982, P.L.171, SEC.16; P.L.4-2003, SEC.4.
Ind. Code § 29-1-7-26 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-26
Foreign wills; certification
Status: in_force

Sec. 26. Such will shall be duly certified under the seal of the court or officer taking such proof; or a copy of such will and the probate thereof shall be duly certified under the seal of his court or office by the clerk, prothonotary or surrogate who has the custody or probate thereof, and such certificate shall be attested and certified to be authentic and by the proper officer, by the presiding or sole judge of the court, by whose clerk or prothonotary such certificate shall have been made; or if such will was admitted to probate before any officer being his own clerk, his certificate of such will or record shall be attested and certified to be authentic, and by the proper officer, by the presiding or sole judge, chancellor or vice-chancellor of the court having supervision of the acts of such officer.

Formerly: Acts 1953, c.112, s.726.
Ind. Code § 29-2-11-1 — Indiana Code / Title 29 / Article 2 / Chapter 11 / Section 29-2-11-1
Estates; guardianship; assignments; trusteeship; surviving partnership
Status: in_force

Sec. 1. The courts of this state having jurisdiction of estates, guardianships, assignments, trusteeships, and surviving partnerships and the judges thereof, in their discretion, be and hereby are authorized and empowered to waive the period costs and payment thereof in estates for any and all years subsequent to and in addition to the first two (2) years or part of same thereof, and to waive the costs and payment thereof in guardianships for any and all years subsequent to and in addition to the first three (3) years or part of same thereof, and to waive the costs and payment thereof in assignments, trusteeships, and surviving partnerships for any and all years subsequent to and in addition to the first two (2) years or part of same thereof.

Formerly: Acts 1965, c.163, s.1.
Ind. Code § 29-3-5-3 — Indiana Code / Title 29 / Article 3 / Chapter 5 / Section 29-3-5-3
Findings; appointment of guardian; limited guardianship; protective orders
Status: in_force

Sec. 3. (a) Except under subsection (c), if it is alleged and the court finds that:

(1) the individual for whom the guardian is sought is an incapacitated person or a minor; and

(2) the appointment of a guardian is necessary as a means of providing care and supervision of the physical person or property of the incapacitated person or minor;

the court shall appoint a guardian under this chapter.

(b) If it is alleged and the court finds that the welfare of an incapacitated person would be best served by limiting the scope of the guardianship, the court shall make the appointive or other orders under this chapter to:

(1) encourage development of the incapacitated person's self-improvement, self-reliance, and independence; and

(2) contribute to the incapacitated person's living as normal a life as that person's condition and circumstances permit without psychological or physical harm to the incapacitated person.

(c) If the court finds that it is not in the best interests of the incapacitated person or minor to appoint a guardian, the court may:

(1) treat the petition as one for a protective order and proceed accordingly;

(2) enter any other appropriate order; or

(3) dismiss the proceedings.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.69.
Ind. Code § 29-3.5-5-1 — Indiana Code / Title 29 / Article 3.5 / Chapter 5 / Section 29-3.5-5-1
Construction of statutes must promote uniformity
Status: in_force

Sec. 1. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-2-19-7 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-7
"Merchandise"
Status: in_force

Sec. 7. As used in this chapter, "merchandise" refers to personal property described in IC 30-2-13-8.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-3.5-2-5 — Indiana Code / Title 29 / Article 3.5 / Chapter 2 / Section 29-3.5-2-5
Duration of the jurisdiction of a court that appoints a guardian or issues a protective order
Status: in_force

Sec. 5. Except as otherwise provided in section 4 of this chapter, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-13-8 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-8
Valueless property; abandonment
Status: in_force

Sec. 8. When any property is valueless, or is so encumbered, or is in such condition that it is of no benefit to the estate, the court may order the personal representative to abandon it.

Formerly: Acts 1953, c.112, s.1308.
Ind. Code § 29-2-16.1-12 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-12
Petitions to determine anatomical gift or revocation of anatomical gift
Status: in_force

Sec. 12. (a) The individual's attending physician, or, if none, the:

(1) physician that certifies the individual's death;

(2) hospital where the individual is admitted;

(3) hospital where the individual's remains are being kept; or

(4) individual identified in section 8(a) of this chapter;

may petition a court with probate jurisdiction in the county where the remains of the individual who is the subject of the petition are located, or the county in which the individual died, for the information referred to in subsection (b).

(b) A person identified in subsection (a) may petition the court with probate jurisdiction specified in subsection (a) to determine whether the individual:

(1) made a written anatomical gift under section 4 of this chapter or IC 9-24-17; or

(2) made a written revocation of an anatomical gift under section 5 of this chapter or under IC 9-24-17.

(c) If the court with probate jurisdiction determines under subsection (b) that the individual made a written anatomical gift that was not subsequently revoked in writing by the individual, the court shall order that the anatomical gift of an organ, tissue, or an eye be recovered.

(d) The court with probate jurisdiction may modify or waive notice and a hearing if the court determines that a delay would have a serious adverse effect on:

(1) the medical viability of the individual; or

(2) the viability of the individual's anatomical gift of an organ, tissue, or an eye.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-1-12-4 — Indiana Code / Title 29 / Article 1 / Chapter 12 / Section 29-1-12-4
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.1204. Repealed by Acts 1975, P.L.288, SEC.51.
Ind. Code § 29-1-3-2 — Indiana Code / Title 29 / Article 1 / Chapter 3 / Section 29-1-3-2
Time
Status: in_force

Sec. 2. (a) Except as provided in subsection (b), the election by a surviving spouse to take the share hereinbefore provided must be made not later than three (3) months after the date of the order admitting to probate the will against which the election is made.

(b) If, at the expiration of such period for making the election, litigation is pending to test the validity or determine the effect or construction of the will or to determine the existence of issue surviving the deceased, or to determine any other matter of law or fact which would affect the amount of the share to be received by the surviving spouse, the right of such surviving spouse to make an election shall not be barred until the expiration of thirty (30) days after the final determination of the litigation.

Formerly: Acts 1953, c.112, s.302. As amended by P.L.238-2005, SEC.7.
Ind. Code § 29-1-7-24 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-24
Probate of will; necessity to prove title to property
Status: in_force

Sec. 24. Except as provided in IC 29-1-13-2, no will is effective for the purpose of proving title to, or the right to the possession of, any real or personal property disposed of by the will, until it has been admitted to probate.

Formerly: Acts 1953, c.112, s.724; Acts 1975, P.L.288, SEC.10. As amended by P.L.86-2018, SEC.211; P.L.56-2020, SEC.3.
Ind. Code § 29-1-15-9 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-9
Perishable properties; family allowance; title to property; approval
Status: in_force

Sec. 9. Perishable property and other personal property which will depreciate in value if not disposed of promptly, or which will incur loss or expense by being kept, and so much other other personal property as may be necessary to provide allowance to the surviving spouse and children pending the receipt of other sufficient funds, may be sold without notice, and title shall pass without prior authorization; but the personal representative shall be responsible for the actual value of the property unless, after making a report of such sale, and on a proper showing, the court shall approve the sale.

Formerly: Acts 1953, c.112, s.1509.
Ind. Code § 29-1-16-8 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-8
Approval or disapproval; appeals; relief from liability
Status: in_force

Sec. 8. Upon the approval of the account of a personal representative, the personal representative and his sureties shall, subject to the right of appeal and to the power of the court to vacate its final orders, be relieved from liability for the administration of his trust during the accounting period, including the investment of the assets of the estate. The court may disapprove the account in whole or in part and surcharge the personal representative for any loss caused by any breach of duty.

Formerly: Acts 1953, c.112, s.1608.
Ind. Code § 29-2-14-1 — Indiana Code / Title 29 / Article 2 / Chapter 14 / Section 29-2-14-1
Disposition of property; insufficient evidence of survivorship
Status: in_force

Sec. 1. Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter.

Formerly: Acts 1941, c.49, s.1. As amended by Acts 1982, P.L.171, SEC.74.
Ind. Code § 29-2-16.1-7 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-7
Persons prohibited from making, amending, or revoking an anatomical gift; donor revocation of an anatomical gift; unemancipated minors
Status: in_force

Sec. 7. (a) Except as otherwise provided in subsection (g) and subject to subsection (f), in the absence of an express, contrary indication by the donor, a person other than the donor is barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 4 of this chapter or an amendment to an anatomical gift of the donor's body or part under section 5 of this chapter.

(b) A donor's revocation of an anatomical gift of the donor's body or part under section 5 of this chapter is not a refusal and does not bar the person specified in section 3 or 8 of this chapter from making an anatomical gift of the donor's body or part under section 4 or 9 of this chapter.

(c) If a person other than the donor makes an unrevoked anatomical gift of the donor's body or part under section 4 of this chapter or an amendment to an anatomical gift of the donor's body or part under section 5 of this chapter, another person may not make, amend, or revoke the gift of the donor's body or part under section 9 of this chapter.

(d) A revocation of an anatomical gift of a donor's body or part under section 5 of this chapter by a person other than the donor does not bar another person from making an anatomical gift of the body or part under section 4 or 9 of this chapter.

(e) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 3 of this chapter, an anatomical gift of a part is neither a refusal to give another part nor a limitation on the making of an anatomical gift of another part at a later time by the donor or another person.

(f) In the absence of an express, contrary indication by the donor or other person authorized to make an anatomical gift under section 3 of this chapter, an anatomical gift of a part for one (1) or more of the purposes set forth in section 3 of this chapter is not a limitation on the making of an anatomical gift of the part for any of the other purposes of the donor or any other person under section 4 or 9 of this chapter.

(g) If a donor who is an unemancipated minor dies, a parent of the donor who is reasonably available may revoke or amend an anatomical gift of the donor's body or part.

(h) If an unemancipated minor who signed a refusal dies, a parent of the minor who is reasonably available may revoke the minor's refusal.

As added by P.L.147-2007, SEC.12. Amended by P.L.3-2008, SEC.226.
Ind. Code § 29-2-12-6 — Indiana Code / Title 29 / Article 2 / Chapter 12 / Section 29-2-12-6
Deduction of amounts; action for recovery
Status: in_force

Sec. 6. The personal representative of decedent's estate shall, prior to final distribution of the estate, deduct the amount of federal estate tax apportioned to each heir or beneficiary, if such personal representative is in possession of sufficient property distributable to such heir or beneficiary to pay such apportioned share of said federal estate tax. In the event that such personal representative does not have property of at least the value of such apportioned share of said federal estate tax, said personal representative may recover such apportioned share by an action in court.

Formerly: Acts 1969, c.175, s.6.
Ind. Code § 29-3-3-4 — Indiana Code / Title 29 / Article 3 / Chapter 3 / Section 29-3-3-4
Temporary guardians; notice; hearing; suspension of guardian; powers and responsibilities
Status: in_force

Sec. 4. (a) If:

(1) a guardian has not been appointed for an incapacitated person or minor;

(2) an emergency exists;

(3) the welfare of the incapacitated person or minor requires immediate action; and

(4) no other person appears to have authority to act in the circumstances;

the court, on petition by any person or on its own motion, may appoint a temporary guardian for the incapacitated person or minor for a specified period not to exceed ninety (90) days. Upon notice and hearing, the court may, with good cause shown, grant one (1) extension of the temporary guardianship for not more than ninety (90) days. No such appointment shall be made except after notice and hearing unless it is alleged and found by the court that immediate and irreparable injury to the person or injury, loss, or damage to the property of the alleged incapacitated person or minor may result before the alleged incapacitated person or minor can be heard in response to the petition. If a temporary guardian is appointed without advance notice and the alleged incapacitated person or minor files a petition that the guardianship be terminated or the court order modified, the court shall hear and determine the petition at the earliest possible time.

(b) If:

(1) a petition is filed under this section for the appointment of a temporary guardian; and

(2) each person required to receive notice under IC 29-3-6-1(a) has not:

(A) received a complete copy of the petition and notice required by IC 29-3-6-2 before the court considers and acts on the petition; or

(B) received actual notice of the filing of the petition and specifically waived in writing the necessity for service of the notice required under IC 29-3-6-2 before the court considers and acts on the petition;

the petitioner shall, on the earlier of the date the court enters an order scheduling a hearing on the petition or the date the court enters an order appointing a temporary guardian, serve complete copies of the petition, the court's order, and the notice required by IC 29-3-6-2 on every person entitled to receive notice under IC 29-3-6-1(a) and on each additional person to whom the court directs that notice be given. The requirements of this subsection are in addition to the petitioner's obligations under Rule 65 of the Indiana Rules of Trial Procedure to make a specific showing of the petitioner's efforts to provide advance notice to all interested persons or the reasons why advance notice cannot or should not be given.

(c) If the court finds that a previously appointed guardian is not effectively performing fiduciary duties and that the welfare of the protected person requires immediate action, the court may suspend the authority of the previously appointed guardian and appoint a temporary guardian for the protected person for any period fixed by the court. The authority of the previously appointed guardian is suspended as long as a temporary guardian appointed under this subsection has authority to act.

(d) A temporary guardian appointed under this section has only the responsibilities and powers that are ordered by the court. The court shall order only the powers that are necessary to prevent immediate and substantial injury or loss to the person or property of the alleged incapacitated person or minor in an appointment made under this section.

(e) Proceedings under this section are not subject to the provisions of IC 29-3-4.

(f) A proceeding under this section may be joined with a proceeding under IC 29-3-4 or IC 29-3-5.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.65; P.L.154-1990, SEC.13; P.L.178-2011, SEC.3; P.L.161-2018, SEC.36.
Ind. Code § 29-1-15-16.5 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-16.5
Acquisition of beneficial interest in real property of estate by personal representative
Status: in_force

Sec. 16.5. (a) This section applies to a supervised or an unsupervised estate.

(b) Unless authorized by:

(1) a will;

(2) a trust;

(3) the consent of all heirs, legatees, or beneficiaries;

(4) an adjudicated compromise agreement approved by the court under IC 29-1-9; or

(5) an order of the court issued after notice and hearing to all interested persons to ensure that adequate consideration is received by the estate for the interest acquired;

any sale (including an auction sale), encumbrance, lease, or rental of real property that is an asset of the estate is void if the sale, encumbrance, lease, or rental of the real property causes the personal representative to directly or indirectly acquire a beneficial interest in the real property.

(c) This section does not prohibit a personal representative from enforcing or fulfilling any enforceable contract or agreement:

(1) executed during the decedent's lifetime; and

(2) between the decedent and the personal representative in the personal representative's individual capacity.

As added by P.L.238-2005, SEC.13. Amended by P.L.99-2013, SEC.7.
Ind. Code § 29-3-1-8 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-8
Repealed
Status: repealed

As added by P.L.169-1988, SEC.1. Repealed by P.L.264-1989, SEC.14.
Ind. Code § 29-1-11-10 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-10
Breach of obligation; damages; intervention
Status: in_force

Sec. 10. (a) The court may, on breach of the obligation of the bond of the personal representative, after notice to the obligors in the bond and to such other persons as the court directs, determine the damages as a part of the proceeding for the administration of the estate, and by appropriate proceeding enforce the collection thereof from those liable on the bond. Such determination and enforcement may be made by the court upon its own motion or upon application of a successor personal representative, or of any other personal representative, or of any other interested person. The court may hear the application at time of settling the accounts of the defaulting personal representative or at such other time as the court may direct. Damages shall be assessed on behalf of all interested persons and may be paid over to the successor or other non-defaulting personal representative and distributed as other assets held by the personal representative in his official capacity.

(b) The bond of the personal representative shall not be void upon the first recovery, but may be proceeded upon from time to time until the whole penalty is exhausted.

(c) If the court has already determined the liability of the personal representative, the sureties shall not be permitted thereafter to deny such liability in any action or hearing to determine their liability; but the surety may intervene in any hearing to determine the liability of the personal representative.

Formerly: Acts 1953, c.112, s.1110.
Ind. Code § 29-1-10-6 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-6
Removal of personal representatives for reasons other than a change in control of a corporate fiduciary
Status: in_force

Sec. 6. (a) This section does not apply to the removal of a corporate fiduciary after a change in control of the corporate fiduciary.

(b) When the personal representative becomes incapacitated (unless the incapacity is caused only by a physical illness, infirmity, or impairment), disqualified, unsuitable or incapable of discharging the representative's duties, has mismanaged the estate, failed to perform any duty imposed by law or by any lawful order of the court, or has ceased to be domiciled in Indiana, the court may remove the representative in accordance with either of the following:

(1) The court on its own motion may, or on petition of any person interested in the estate shall, order the representative to appear and show cause why the representative should not be removed. The order shall set forth in substance the alleged grounds upon which such removal is based, the time and place of the hearing, and may be served upon the personal representative in the same manner as a notice is served under this article.

(2) The court may without motion, petition or application, for any such cause, in cases of emergency, remove such personal representative instantly without notice or citation.

(c) The removal of a personal representative after letters are duly issued does not invalidate official acts performed prior to removal.

Formerly: Acts 1953, c.112, s.1006. As amended by Acts 1982, P.L.171, SEC.28; P.L.33-1989, SEC.40; P.L.143-2009, SEC.12.
Ind. Code § 29-3-9-4 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-4
Repealed
Status: repealed

As added by P.L.169-1988, SEC.1. Repealed by P.L.6-2010, SEC.40.
Ind. Code § 29-1-17-12 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-12
Unclaimed estate assets; disposition procedures; escheat; time limit; exceptions
Status: in_force

Sec. 12. (a) If after reasonable search, satisfactory to the court, there shall be no known heir of the decedent, all of the decedent's net estate not disposed of by will shall be ordered paid to the state treasurer to become a part of the common school fund, subject to the further provisions of this section.

(b) If any heir, distributee, advisee, or claimant cannot be found after reasonable search, satisfactory to the court, the personal representative shall sell the share of the estate to which the heir, distributee, advisee, or claimant is entitled, pursuant to an order of court first obtained, and pay the proceeds to the clerk of the court for use and benefit of the person or persons thereafter determined to be entitled thereto according to law.

(c) When the personal representative shall pay any money to the state treasurer or clerk of the court pursuant to this section, the personal representative shall take a receipt therefor and file it with the court with the other receipts filed in the proceeding. Such receipt shall be sufficient to discharge the personal representative in the same manner and to the same extent as though such distribution or payment were made to a distributee or claimant entitled thereto.

(d) The moneys received by the state treasurer pursuant to the provisions of this section shall be paid to the person entitled on proof of the person's right thereto or in the case of an absentee, to the receiver of such absentee's property, or, if the state treasurer refuses or fails to pay because the state treasurer is doubtful as to the state treasurer's duties in the premises, such person may apply to the court in which the estate was administered, whereupon the court upon notice to the state treasurer may determine the person entitled thereto and order the treasurer to pay the same accordingly. No interest shall be allowed thereon and such distributee or claimant shall pay all costs and expenses incident to the proceedings. If such proceeds are not paid or no application is made to the court within seven (7) years after such payment to the state treasurer, no recovery thereof shall be had.

(e) This section does not apply to stocks, dividends, capital credits, patronage refunds, utility deposits, membership fees, account balances, or book equities for which the owner cannot be found and that are the result of distributable savings of a rural electric membership corporation formed under IC 8-1-13, a rural communications cooperative corporation formed under IC 8-1-17, or an agricultural cooperative association formed under IC 15-12-1.

Formerly: Acts 1953, c.112, s.1712. As amended by Acts 1981, P.L.106, SEC.4; P.L.2-2008, SEC.69; P.L.81-2020, SEC.16.
Ind. Code § 29-3-3-3 — Indiana Code / Title 29 / Article 3 / Chapter 3 / Section 29-3-3-3
Custody of minor by parents; consents, waivers, and powers of attorney provided by statute or Internal Revenue Code; consent to medical treatment
Status: in_force

Sec. 3. Except as otherwise determined in a dissolution of marriage proceeding, a custody proceeding, or in some other proceeding authorized by law, including a proceeding under section 6 of this chapter or another proceeding under this article, and unless a minor is married, the parents of the minor jointly (or the survivor if one (1) parent is deceased), if not an incapacitated person, have, without the appointment of a guardian, giving of bond, or order or confirmation of court, the right to custody of the person of the minor and the power to execute the following on behalf of the minor:

(1) Consent to the application of subsection (c) of Section 2032A of the Internal Revenue Code, which imposes personal liability for payment of the tax under that Section.

(2) Consent to the application of Section 6324A of the Internal Revenue Code, which attaches a lien to property to secure payment of taxes deferred under Section 6166 of the Internal Revenue Code.

(3) Any other consents, waivers, or powers of attorney provided for under the Internal Revenue Code.

(4) Waivers of notice permissible with reference to proceedings under IC 29-1.

(5) Consents, waivers of notice, or powers of attorney under any statute, including the Indiana adjusted gross income tax law (IC 6-3).

(6) Consent to unsupervised administration as provided in IC 29-1-7.5.

(7) Federal and state income tax returns.

(8) Consent to medical or other professional care, treatment, or advice for the minor's health and welfare.

(9) Consent to the appointment of a special administrator for the purposes of a wrongful death claim.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.64; P.L.155-1990, SEC.1; P.L.192-2002(ss), SEC.171; P.L.79-2017, SEC.74; P.L.162-2022, SEC.17.
Ind. Code § 29-3-14-9 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-9
Termination of supported decision making agreements
Status: in_force

Sec. 9. (a) Except as provided in the supported decision making agreement, a supported decision making agreement terminates in the following situations:

(1) The adult subject of the supported decision making agreement dies.

(2) The adult subject of the supported decision making agreement revokes the agreement under section 8 of this chapter.

(3) The named supporters withdraw their participation without naming successor supporters.

(4) A court of competent jurisdiction determines that the adult does not have capacity to execute or consent to a supported decision making agreement.

(5) A court of competent jurisdiction determines that a supporter has used the supported decision making agreement to commit:

(A) financial exploitation;

(B) abuse; or

(C) neglect;

of the adult.

(6) A court of competent jurisdiction appoints a temporary or permanent guardian for the person or property of the adult, unless the court's order of appointment:

(A) expressly modifies but continues the supported decision making agreement; and

(B) limits the powers and duties of the guardian.

(7) The adult signs a valid durable power of attorney, except to the extent that the power of attorney expressly continues, in whole or in part, the supported decision making agreement.

(b) The court may enter an order under subsection (a)(4), (a)(5), and (a)(6) only after notice and a hearing to the adult and all supporters named in the agreement.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-1-7-4.5 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-4.5
Notice of delivery to consenting parties or to parties waiving notice of proceedings in the estate
Status: in_force

Sec. 4.5. (a) Except as provided in subsection (b) and section 4 of this chapter, each petition or other document that a personal representative files in the court with:

(1) a written consent to the petition or other document; or

(2) a written waiver of notice of proceedings in the estate;

must contain a statement that the personal representative has delivered a copy of the petition or other document to each person whose written consent or waiver of notice of proceedings is presented to the court in support of the petition or other document.

(b) A petition or other document described in subsection (a) is not required to contain the statement of delivery otherwise required by subsection (a) if the written consent or written waiver filed with the petition or other document contains a statement by the person whose signature appears on the consent or waiver:

(1) identifying the petition or other document; and

(2) affirming that the person has:

(A) received a copy of the petition or other document; and

(B) had a reasonable time to read and understand the nature of the petition or other document before signing the consent or waiver.

(c) A person may appoint in writing an agent (who is not an interested person) to do the following under this section:

(1) Consent to petitions and other documents.

(2) Receive or waive notice of proceedings.

As added by P.L.6-2010, SEC.7. Amended by P.L.51-2014, SEC.1.
Ind. Code § 29-1-7.5-3.6 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-3.6
Conveyance of real property
Status: in_force

Sec. 3.6. (a) This section applies to a conveyance of real property by a personal representative under this chapter.

(b) The conveyance subscribed by the personal representative is sufficient to convey all title in the real property to the grantee if the conveyance includes substantially the following language:

"A.B. is the personal representative of the estate of C.D., deceased. This estate is pending as Cause Number ___________ in __________ County, Indiana. The personal representative, by virtue of the power given a personal representative under Indiana law, for good and sufficient consideration conveys to E.F. the following described real estate: (insert description)."

As added by P.L.130-1992, SEC.5.
Ind. Code § 29-1-7.5-8 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-8
Subsequently discovered estate; appointment of personal representative
Status: in_force

Sec. 8. If other property of the estate is discovered after the estate has been settled and the personal representative discharged or three (3) months after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this title apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.

Formerly: Acts 1975, P.L.288, SEC.11.
Ind. Code § 29-1-3-5 — Indiana Code / Title 29 / Article 1 / Chapter 3 / Section 29-1-3-5
Binding effect; change
Status: in_force

Sec. 5. An election by or on behalf of a surviving spouse to take the share provided in section 1 of this chapter once made shall be binding and shall not be subject to change except for such causes as would justify an equitable decree for the recission of a deed.

Formerly: Acts 1953, c.112, s.305. As amended by Acts 1982, P.L.171, SEC.15.
Ind. Code § 29-1-21-13 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-13
Affidavit of regularity
Status: in_force

Sec. 13. A custodian or other person required or permitted to create an affidavit of regularity under this chapter may use a form that substantially complies with the following format:

"Affidavit of Regularity for Electronic Will

(1) Beginning on (insert date of first possession of the electronic will by the signatory of this affidavit) and continuing to the date and time of this affidavit, the undersigned person has had possession of (circle all that apply):

(A) the electronic record for the electronic will;

(B) a complete converted copy of the electronic will;

of (insert name of testator), which was electronically executed on (insert date of electronic signing and attestation or insert reference to time and date stamp).

(2) (Insert client number, customer number, document number, or other unique identifier if any) is the unique identifier that the undersigned person assigned to this electronic will in the undersigned person's records.

(3) The undersigned person believes that the testator (circle one (1) of the following):

(A) Is currently alive.

(B) Died on or about (insert date of testator's death).

(4) The undersigned person is (circle all of the following that apply):

(A) Transferring custody of the electronic record for the electronic will to the living testator of the electronic will.

(B) Transferring custody of the electronic record for the electronic will to (insert name and address of successor custodian).

(C) Transferring a complete converted copy of the electronic will to (insert the name and address of the authorized recipient).

(D) Submitting the electronic record for the electronic will to the (insert the name of the court) for probate.

(E) Submitting a complete converted copy for the electronic will to the (insert the name of the court) for probate.

(5) If the undersigned person is transferring or submitting the electronic record for the electronic will, it is in the following format (insert description of the format).

(6) If the undersigned person is transferring or submitting the electronic record for the electronic will, the undersigned person affirms, under penalty of perjury, that the electronic record has been in the undersigned person's possession or control for the period of time stated in paragraph (1) and that during the specified period of time the electronic record showed no indication of unauthorized alteration or tampering.

(7) The undersigned person affirms, under penalty of perjury, that (circle one (1) of the following):

(A) The undersigned has no knowledge of the testator's later execution of a will or codicil that amends, revokes, or supersedes the electronic will described in paragraph (1).

(B) The undersigned believes that the testator purportedly revoked or amended the electronic will described in paragraph (1) on (insert date, if known, or approximate time frame if date is not known), by (insert known details about the amendment or revocation).

(8) The undersigned person is (circle one (1) if applicable):

(A) The living testator who executed the electronic will.

(B) An attorney admitted to practice law in the state of Indiana.

(C) An attorney in fact or other person acting on the written authority of the testator.

(D) A personal representative nominated in the electronic will.

(E) An interested person (as defined in IC 29-1-1-3) with respect to the estate of the testator.

(F) A custodian currently in compliance with all applicable requirements under IC 29-1-21-10.

___________________________________________________

(insert date and time of custodian's or other person's signature)

____________________________________________________

(insert name and signature of custodian or other person signing)

____________________________________________________

(insert job title or position of signatory if signatory is not an individual).".

As added by P.L.40-2018, SEC.2.
Ind. Code § 29-3-9-1 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-1
Delegation of powers by executed power of attorney; limitations
Status: in_force

Sec. 1. (a) As used in this section, "department" means the department of child services established by IC 31-25-1-1.

(b) As used in this section and except as otherwise provided in this section, "foster care" has the meaning set forth in IC 31-9-2.1-107.

(c) Except as provided in subsections (d) and (h), by a properly executed power of attorney, a parent of a minor or a guardian (other than a temporary guardian) of a protected person may delegate to another person for:

(1) any period during which the care and custody of the minor or protected person is entrusted to an institution furnishing care, custody, education, or training; or

(2) a period not exceeding twelve (12) months;

any powers regarding health care, support, custody, or property of the minor or protected person. A delegation described in this subsection is effective immediately unless otherwise stated in the power of attorney.

(d) A parent of a minor or a guardian of a protected person may not delegate under subsection (c) the power to:

(1) consent to the marriage or adoption of a protected person who is a minor; or

(2) petition the court to request the authority to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of a protected person as provided under section 12.2 of this chapter.

(e) Subject to IC 30-5-5-16, a person having a power of attorney executed under subsection (c) has and shall exercise, for the period during which the power is effective, all other authority of the parent or guardian respecting the health care, support, custody, or property of the minor or protected person except any authority expressly excluded in the written instrument delegating the power. The parent or guardian remains responsible for any act or omission of the person having the power of attorney with respect to the affairs, property, and person of the minor or protected person as though the power of attorney had never been executed.

(f) A delegation of powers executed under subsection (c) does not, as a result of the execution of the power of attorney, subject any of the parties to any laws, rules, or regulations concerning the licensing or regulation of foster family homes, child placing agencies, or child caring institutions under IC 31-27.

(g) Any child who is the subject of a power of attorney executed under subsection (c) is not considered to be placed in foster care. The parties to a power of attorney executed under subsection (c), including a child, a protected person, a parent or guardian of a child or protected person, or an attorney in fact, are not, as a result of the execution of the power of attorney, subject to any foster care requirements or foster care licensing regulations.

(h) A foster family home licensed under IC 31-27-4 may not provide overnight or regular and continuous care and supervision to a child who is the subject of a power of attorney executed under subsection (c) while providing care to a child placed in the home by the department or under a juvenile court order under a foster family home license. Upon request, the department may grant an exception to this subsection.

(i) A parent who:

(1) is a member in the:

(A) active or reserve component of the armed forces of the United States, including the:

(i) United States Army;

(ii) United States Navy;

(iii) United States Air Force;

(iv) United States Space Force;

(v) United States Marine Corps;

(vi) Indiana National Guard; or

(vii) United States Coast Guard; or

(B) commissioned corps of the:

(i) National Oceanic and Atmospheric Administration; or

(ii) Public Health Service of the United States Department of Health and Human Services;

detailed by proper authority for duty with the United States Army or United States Navy; or

(2) is required to:

(A) enter or serve in the active military service of the United States under a call or order of the President of the United States; or

(B) serve on state active duty;

may delegate the powers designated in subsection (c) for a period longer than twelve (12) months if the parent is on active duty service. However, the term of delegation may not exceed the term of active duty service plus thirty (30) days. The power of attorney must indicate that the parent is required to enter or serve in the active military service of the United States and include the estimated beginning and ending dates of the active duty service.

(j) Except as otherwise stated in the power of attorney delegating powers under this section, a delegation of powers under this section may be revoked at any time by a written instrument of revocation that:

(1) identifies the power of attorney revoked; and

(2) is signed by the:

(A) parent of a minor; or

(B) guardian of a protected person;

who executed the power of attorney.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.75; P.L.101-2008, SEC.7; P.L.178-2011, SEC.6; P.L.83-2014, SEC.4; P.L.81-2015, SEC.18; P.L.74-2016, SEC.1; P.L.50-2021, SEC.72; P.L.238-2025, SEC.83; P.L.145-2026, SEC.158.
Ind. Code § 29-1-7-25 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-25
Foreign wills; receipt and recording authorized
Status: in_force

Sec. 25. (a) Any will that has been proved or allowed in any other state or in any foreign country, according to the laws of that state or country, may be received and recorded in this state:

(1) before the deadlines imposed by section 15.1(g) of this chapter, unless the will is probated for a purpose described in section 15.1(h) of this chapter; and

(2) in the manner and for the purpose stated in sections 26 and 27 of this chapter.

(b) A foreign will received and recorded for a purpose described in section 15.1(h) of this chapter may not be admitted to probate for any other purpose and is subject to all rules governing the admission of wills to probate.

Formerly: Acts 1953, c.112, s.725. As amended by Acts 1982, P.L.171, SEC.25; P.L.274-1983, SEC.1; P.L.149-2012, SEC.7; P.L.163-2018, SEC.8; P.L.231-2019, SEC.11.
Ind. Code § 29-1-7.5-1.5 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-1.5
Notice to distributees
Status: in_force

Sec. 1.5. (a) As soon as letters testamentary or letters of administration have been issued, the clerk of the court shall sign and issue a notice of unsupervised administration addressed to the:

(1) decedent's heirs at law, if the decedent died intestate; or

(2) devisees and legatees under the decedent's will, if the decedent died with a will that is admitted to probate.

(b) The notice required under subsection (a) shall read substantially as follows:

NOTICE OF UNSUPERVISED ADMINISTRATION TO BE

MAILED TO A DISTRIBUTEE

In the _________ Court of _________ County, Indiana.

Notice is hereby given that ____________, on the _____ day of ________, 20__, was appointed as the personal representative of the estate of ______________, who died on the ____ day of __________, 20__, {leaving a will} {not leaving a will}. The estate will be administered without court supervision.

As an heir, a devisee, or a legatee of the estate (a "distributee"), you are advised of the following information:

(1) The personal representative has the authority to take actions concerning the estate without first consulting you.

(2) The personal representative may be serving without posting a bond with the court. You have the right to petition the court to set a bond for your protection. You also have the right to petition the court to remove a corporate personal representative not later than thirty (30) days after this notice if the ownership or control of the corporate personal representative has changed since the execution of the decedent's will.

(3) The personal representative will not obtain court approval of any action, including the amount of attorney's or personal representative's fees.

(4) Within two (2) months after the appointment of the personal representative, the personal representative must prepare an inventory of the estate's assets. You have the right to request and receive a copy of this inventory from the personal representative. However, if you do not participate in the residue of the estate and receive only a specific bequest in money or personal property that will be paid, you are entitled only to the information concerning your specific bequest and not to the assets of the estate as a whole.

(5) The personal representative is required to furnish you with a copy of the closing statement that will be filed with the court, and, if your interests are affected, with a full account in writing of the administration of the estate.

(6) You must file an objection to the closing statement within three (3) months after the closing statement is filed with the court if you want the court to consider your objection.

(7) If an objection to the closing statement is not filed with the court within three (3) months after the filing of the closing statement, the estate is closed and the court does not have a duty to audit or make an inquiry.

IF, AT ANY TIME BEFORE THE ESTATE IS CLOSED, YOU HAVE REASON TO BELIEVE THAT THE ADMINISTRATION OF THE ESTATE SHOULD BE SUPERVISED BY THE COURT, YOU HAVE THE RIGHT TO PETITION THE COURT FOR SUPERVISED ADMINISTRATION.

IF YOU DO NOT UNDERSTAND THIS NOTICE, YOU SHOULD ASK YOUR ATTORNEY TO EXPLAIN IT TO YOU.

The personal representative's address is ____________, and telephone number is ___________. The attorney for the personal representative is _______________, whose address is _______________ and telephone number is _________.

Dated at _____________, Indiana, this _____ day of _______________, 20__.

CLERK OF THE _______________ COURT

(c) The issuance and mailing of notice under this section may not be waived.

(d) After the notice is issued under subsection (c), the personal representative or the personal representative's agent shall mail the notice to each person whose name and address is required to be listed in the notice under subsection (a).

As added by P.L.130-1992, SEC.1. Amended by P.L.2-2005, SEC.74; P.L.238-2005, SEC.12; P.L.143-2009, SEC.11; P.L.38-2023, SEC.6.
Ind. Code § 29-2-12-0.1 — Indiana Code / Title 29 / Article 2 / Chapter 12 / Section 29-2-12-0.1
Application of certain amendments to chapter
Status: in_force

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

(1) The addition of section 1.5 of this chapter by P.L.266-1989 does not apply to:

(A) a will;

(B) a trust; or

(C) another instrument governing the distribution of assets following an individual's death;

executed before July 1, 1989.

(2) The amendments made to section 7 of this chapter by P.L.266-1989 do not apply to:

(A) a will;

(B) a trust; or

(C) another instrument governing the distribution of assets following an individual's death;

executed before July 1, 1989.

As added by P.L.220-2011, SEC.479.
Ind. Code § 29-3-1-9.5 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-9.5
"Medical evidence of capacity or incapacity"
Status: in_force

Sec. 9.5. "Medical evidence of capacity or incapacity", for purposes of IC 29-3-4-1.5, means any evidence that is relevant to determine a person's capacity or incapacity. The term includes admissible written and electronic medical records that:

(1) are maintained by a health care provider in the course of examining, evaluating, or treating an adult individual;

(2) are relevant to the:

(A) health, physical, or mental condition of the adult individual;

(B) ability or capacity of the adult individual to make and carry out decisions to provide for the individual's own self-care or management of the individual's property; or

(C) individual's ability to benefit from or use less restrictive alternatives to guardianship under IC 29-3-5; and

(3) may be admissible as evidence in a hearing held under IC 29-3-4-1.5 if authenticated and identified as a business record or presented in sworn testimony by a licensed health care provider.

As added by P.L.38-2023, SEC.11.
Ind. Code § 29-1-15-20 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-20
Lien of state for inheritance or estate taxes
Status: in_force

Sec. 20. The lien of the state for inheritance or estate taxes shall not extend to any interest acquired by a purchaser, mortgagee, or lessee through any transfer made by a personal representative under a power contained in a will, under IC 29-1-7.5-3, or under order of the court.

Formerly: Acts 1953, c.112, s.1520. As amended by Acts 1976, P.L.125, SEC.7.
Ind. Code § 29-1-13-16 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-16
Collection of indebtedness; secure possession of property; special administrator appointed
Status: in_force

Sec. 16. Whenever any interested person files with the court having jurisdiction of an estate a petition showing that such person has reason to believe and does believe that the personal representative of the estate or any other person is indebted to the estate, or that any property is in the possession of the personal representative of the estate or of any other person, and that diligent effort is not being made to collect such indebtedness or to secure possession of such property for the estate, the court shall hold a hearing upon such petition and shall determine what action, if any, shall be taken. Should the court decide that there is sufficient merit in the petitioner's claim to warrant action, it shall direct the personal representative to take such action as the court deems necessary; provided, however, where the person claimed to be indebted to the estate or having in his possession property belonging to the estate is the personal representative or where the court is of the opinion that the personal representative would not or could not for any reason prosecute such action with sufficient vigor, it shall appoint a special administrator to take such action as it shall direct.

Formerly: Acts 1953, c.112, s.1316.
Ind. Code § 29-1-8-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-0.1
Application of certain amendments to chapter
Status: in_force

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

(1) The amendments made to sections 1 and 3 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.

(2) The amendments made to sections 1 and 4.5 of this chapter by P.L.61-2006 apply to the estate of an individual who dies after June 30, 2006.

As added by P.L.220-2011, SEC.472.
Ind. Code § 29-3-14-4 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-4
Supported decision making agreements; execution and revocation
Status: in_force

Sec. 4. (a) An adult may not enter into a supported decision making agreement unless the adult:

(1) enters into the agreement voluntarily and without coercion or undue influence; and

(2) understands the nature and effect of the agreement.

(b) An adult may make, change, or revoke a supported decision making agreement even if the adult does not have the capacity to independently manage the adult's own health care, legal matters, or financial affairs.

(c) A court may not consider an adult's execution of a supported decision making agreement as evidence of incapacity. The existence of an executed supported decision making agreement does not preclude the adult from acting independently of the supported decision making agreement.

(d) An adult may not enter into a supported decision making agreement under this section if the agreement supplants the authority of a guardian of the adult, unless the guardian consents in writing to the adult entering into the supported decision making agreement.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-1-1-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-0.1
Application of certain amendments to chapter
Status: in_force

Sec. 0.1. The amendments made to sections 9, 11, 12, and 20 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.

As added by P.L.220-2011, SEC.465.
Ind. Code § 29-1-17-7 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-7
Income received during administration
Status: in_force

Sec. 7. Unless the decedent's will provides otherwise, all income received by the personal representative during the administration of the estate shall constitute an asset of the estate the same as any other asset and the personal representative shall disburse, distribute, account for and administer said income as a part of the corpus of the estate.

Formerly: Acts 1953, c.112, s.1707.
Ind. Code § 29-1-17-11 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-11
Undivided interests; distribution, partition
Status: in_force

Sec. 11. (a) When two (2) or more distributees are entitled to distribution of an undivided interest in any real or personal property of the estate, distribution shall be made of undivided interests in the property unless the personal representative or one (1) or more of the distributees petition the court for partition not later than the hearing on the petition for final distribution. If a petition is filed, the court, after notice is given to all interested persons as the court directs, shall proceed in accordance with IC 32-17-4-2.5. With respect to personal property, the person who files for partition shall conduct a title search with the bureau of motor vehicles (if the personal property is titled) or a search for liens under the Uniform Commercial Code (if the personal property is not titled). The person shall file a copy of the results of the search with the court.

(b) If:

(1) a distribution of particular assets of a decedent is to be made to two (2) or more distributees that are entitled to receive fractional shares in the assets; and

(2) the decedent's personal representative chooses to distribute the particular assets without distributing to each distributee a pro rata share of each asset;

the personal representative shall distribute to each distributee a pro rata share of the total fair market value of all the particular assets as of the date of distribution.

(c) The personal representative is not required to divide and distribute particular assets under subsection (b) based upon the potential gain or loss that the distributee would realize if the distributed assets were sold.

Formerly: Acts 1953, c.112, s.1711. As amended by P.L.265-1989, SEC.1; P.L.41-2012, SEC.1; P.L.99-2024, SEC.10.
Ind. Code § 29-3-1-4 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-4
Repealed
Status: repealed

As added by P.L.169-1988, SEC.1. Repealed by P.L.264-1989, SEC.14.
Ind. Code § 29-1-11-7 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-7
Failure to give bond; successor; revocation of letters
Status: in_force

Sec. 7. If at any time a personal representative fails to give a bond as required by the court, within the time fixed by the court, some other person shall be appointed in his stead. If letters have been issued, they shall be revoked.

Formerly: Acts 1953, c.112, s.1107.
Ind. Code § 29-2-12-4 — Indiana Code / Title 29 / Article 2 / Chapter 12 / Section 29-2-12-4
Method of apportionment
Status: in_force

Sec. 4. The portion of the federal estate tax to be paid by each person, heir, or beneficiary of a decedent's estate shall be determined by dividing the value of the property received by the person, heir, or beneficiary, which is included in the net taxable estate, by the amount of the net taxable estate, and multiplying the result by the amount of the total federal estate tax paid.

Formerly: Acts 1969, c.175, s.4. As amended by P.L.36-2011, SEC.6.
Ind. Code § 29-1-5-3.1 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-3.1
Self-proving clause
Status: in_force

Sec. 3.1. (a) This section applies to a will executed before, on, or after July 1, 2003. When a will is executed, the will may be:

(1) attested; and

(2) made self-proving;

by incorporating into or attaching to the will a self-proving clause that meets the requirements of subsection (c) or (d). If the testator and witnesses sign a self-proving clause that meets the requirements of subsection (c) or (d) at the time the will is executed, no other signatures of the testator and witnesses are required for the will to be validly executed and self-proved.

(b) If a will is executed by the signatures of the testator and witnesses on an attestation clause under section 3(b) of this chapter, the will may be made self-proving at a later date by attaching to the will a self-proving clause signed by the testator and witnesses that meets the requirements of subsection (c) or (d).

(c) A self-proving clause must contain the acknowledgment of the will by the testator and the statements of the witnesses, each made under the laws of Indiana and evidenced by the signatures of the testator and witnesses (which may be made under the penalties for perjury) attached or annexed to the will in form and content substantially as follows:

We, the undersigned testator and the undersigned witnesses, respectively, 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 or acknowledged the signature already made or directed another to sign for the testator in the testator's 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 of 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 of the witnesses 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.

______________

Testator

______________

______________

Date

Witness

______________

Witness

(d) A will is attested and self-proved if the will includes or has attached a clause signed by the testator and the witnesses that indicates in substance that:

(1) the testator signified that the instrument is the testator's will;

(2) in the presence of at least two (2) witnesses, the testator signed the instrument or acknowledged the testator's signature already made or directed another to sign for the testator in the testator's presence;

(3) the testator executed the instrument freely and voluntarily for the purposes expressed in it;

(4) each of the witnesses, in the testator's presence and in the presence of all other witnesses, is executing the instrument as a witness;

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

(6) the testator is, to the best of the knowledge of each of the witnesses, either:

(A) at least eighteen (18) years of age; or

(B) a member of the armed forces or the merchant marine of the United States or its allies.

(e) If the testator and the attesting witnesses executed the will in two (2) or more counterparts on paper under section 3(c) of this chapter, the self-proving clause, if applicable, for the will must substantially be in the following form:

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

(1) That the undersigned testator and witnesses interacted with each other in real time through the use of technology, and each witness was able to observe the testator and other witnesses throughout the signing process.

(2) That the testator executed a complete counterpart of the instrument, in a readable form on paper, as the testator's will.

(3) That, in the presence of both witnesses, the testator:

(A) signed the paper counterpart of the will;

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

(C) directed another individual to sign the paper counterpart of the will for the testator in the testator's presence.

(4) That the testator executed the will as a free and voluntary act for the purpose expressed in the will.

(5) That each of the witnesses, in the presence of the testator and of each other, signed one (1) or more other complete paper counterparts of the will as a witness.

(6) That each paper counterpart of the will that was signed by the witness was complete, in readable form, and with content identical to the paper counterpart signed by the testator.

(7) That the testator was of sound mind when the will was executed.

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

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

As added by P.L.4-2003, SEC.2. Amended by P.L.185-2021, SEC.3.
Ind. Code § 29-3-14-8 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-8
Revocation of supported decision making agreements
Status: in_force

Sec. 8. An adult may revoke a supported decision making agreement at any time. A revocation under this section must be in writing, and a copy of the revocation must be provided to each supporter.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-1-5-2 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-2
Writing; witnesses
Status: in_force

Sec. 2. (a) All wills except nuncupative wills shall be executed in writing.

(b) Any person competent at the time of attestation to be a witness generally in this state may act as an attesting witness to the execution of a will and his subsequent incompetency shall not prevent the probate thereof.

(c) If any person shall be a subscribing witness to the execution of any will in which any interest is passed to him, and such will cannot be proved without his testimony or proof of his signature thereto as a witness, such will shall be void only as to him and persons claiming under him, and he shall be compelled to testify respecting the execution of such will as if no such interest had been passed to him; but if he would have been entitled to a distributive share of the testator's estate except for such will, then so much of said estate as said witness would have been thus entitled to, not exceeding the value of such interest passed to him by such will, shall be saved to him.

(d) No attesting witness is interested unless the will gives to him some personal and beneficial interest. The fact that a person is named in the will as executor, trustee, or guardian, or as counsel for the estate, personal representative, trustee or guardian does not make him an interested person.

Formerly: Acts 1953, c.112, s.502.
Ind. Code § 29-1-19-9 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-9
Bond of guardian
Status: in_force

Sec. 9. (a) Upon appointment, a guardian shall execute and file bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the protected person during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under IC 29-3-7. The court may from time to time require the guardian to file an additional bond. Any bank or trust company organized under the laws of the state, or of the United States of America, and operating a bank or trust company, which is located within Indiana, which is now acting, or which may act as a guardian under this chapter, is exempt from furnishing the bond required in this subsection to the same extent and in the same manner as a bank or trust company, when acting in a fiduciary capacity, is relieved from filing a bond under the provisions of IC 28-2-7.

(b) Where a bond is tendered by a guardian with personal sureties, there shall be at least one (1) or more surety or sureties and the guardian or sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all the guardian's debts and liabilities and the aggregate of other bonds on which the guardian is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.

Formerly: Acts 1953, c.112, s.2009; Acts 1961, c.93, s.1; Acts 1971, P.L.413, SEC.1. As amended by Acts 1982, P.L.171, SEC.65; P.L.33-1989, SEC.46.
Ind. Code § 29-3-12-3 — Indiana Code / Title 29 / Article 3 / Chapter 12 / Section 29-3-12-3
Minimum period to maintain incapacitated person status; petition to terminate guardianship or protective order; penalty
Status: in_force

Sec. 3. An order adjudicating a person as an incapacitated person may specify a minimum period, not exceeding one (1) year, during which a petition for an adjudication that the protected person is no longer an incapacitated person may not be filed without court approval. Subject to that restriction, the protected person or any other person may petition for an order that the protected person is no longer an incapacitated person and for termination of the guardianship or protective order. A request for an order may also be made informally to the court. Any person who knowingly interferes with transmission of the request is guilty of contempt of court.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.80.
Ind. Code § 29-1-7-28 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-28
Executed in Indiana; allowed in foreign state or country
Status: in_force

Sec. 28. No will executed in this state and proved or allowed in any other state or country, shall be admitted to probate within this state unless executed according to the laws of this state.

Formerly: Acts 1953, c.112, s.728.
Ind. Code § 29-1-8-8 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-8
Payment of claims; accounting; closing administration
Status: in_force

Sec. 8. Whenever, after the inventory has been filed by a personal representative, it is established that the estate of a decedent, exclusive allowance to the surviving spouse or dependent children, does not exceed an amount sufficient to pay the claims of classes 1 to 6 inclusive, the personal representative upon order of the court shall pay the same in the order provided and thereafter present his account with an application for the settlement and allowance thereof. Thereupon, the court, with or without notice, may adjust, correct, settle, allow or disallow such account, and, if the account is settled and allowed, decree final distribution, discharge the personal representative and close the administration.

Formerly: Acts 1953, c.112, s.808; Acts 1975, P.L.288, SEC.16.
Ind. Code § 29-1-13-13 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-13
Contracts; performance by personal representative
Status: in_force

Sec. 13. If at the time of death the decedent was obligated by the terms of any contract to further performance under the contract, the decedent's personal representative may, if it appears feasible and in the best interests of the estate, proceed to carry out the terms of such contract. In the event that the performance of such contract shall necessitate the expenditure of funds of the estate, or shall require the utilization of assets other than property which is itself the subject matter of such contract, such personal representative shall request and receive instructions from the court regarding the performance of the contract.

Formerly: Acts 1953, c.112, s.1313. As amended by P.L.136-2018, SEC.217.
Ind. Code § 29-2-1-11 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-11
Service of process on foreign personal representative
Status: in_force

Sec. 11. (a) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or his decedent immediately prior to death.

(b) If service is made upon a foreign personal representative as provided in subsection (a) of this section, he shall be allowed at least thirty (30) days within which to appear or respond.

Formerly: Acts 1975, P.L.288, SEC.49.
Ind. Code § 29-3.5-1-3 — Indiana Code / Title 29 / Article 3.5 / Chapter 1 / Section 29-3.5-1-3
Foreign countries treated as states
Status: in_force

Sec. 3. A court of this state may treat a foreign country as if it were a state for the purpose of applying this article.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-3-0.1 — Indiana Code / Title 29 / Article 1 / Chapter 3 / Section 29-1-3-0.1
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.168-1988 do not apply to individuals who die before July 1, 1988.

(2) The amendments made to section 2 of this chapter by P.L.238-2005 apply to the estate of a person who dies after June 30, 2005.

(3) The amendments made to sections 1 and 7 of this chapter by P.L.176-2003 apply only to the estate of an individual who dies after June 30, 2003.

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

As added by P.L.220-2011, SEC.467.
Ind. Code § 29-3-8.5-8 — Indiana Code / Title 29 / Article 3 / Chapter 8.5 / Section 29-3-8.5-8
Civil immunity
Status: in_force

Sec. 8. Except for gross misconduct:

(1) a volunteer advocate for seniors and incapacitated adults program that;

(2) an employee of a volunteer advocates for seniors and incapacitated adults program who; or

(3) a volunteer for a volunteer advocates for seniors and incapacitated adults program who;

performs duties in good faith is immune from any civil liability resulting from the program's, employee's, or volunteer's performance.

As added by P.L.41-2004, SEC.2. Amended by P.L.11-2006, SEC.9; P.L.4-2020, SEC.12.
Ind. Code § 29-1-19-3 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-3
Appointment of guardian
Status: in_force

Sec. 3. Whenever, pursuant to any law of the United States or regulation of the department, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this chapter.

Formerly: Acts 1953, c.112, s.2003. As amended by P.L.1-1990, SEC.268.
Ind. Code § 29-1-8-1.5 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-1.5
Affidavit to obtain date of death values for personal property, accounts, and intangible property belonging to a decedent; form of affidavit; duty to furnish information to the affiant
Status: in_force

Sec. 1.5. (a) This section does not apply to the following:

(1) Real property owned by a decedent.

(2) The contents of 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.

(b) After the death of a decedent, a person:

(1) indebted to the decedent; or

(2) having possession of:

(A) personal property;

(B) an instrument evidencing a debt;

(C) an obligation;

(D) a chose in action;

(E) a life insurance policy;

(F) a bank account; or

(G) intangible property, including annuities, fixed income investments, mutual funds, cash, money market accounts, or stocks;

belonging to the decedent;

shall furnish the date of death value of the indebtedness or property and the names of the known beneficiaries of property described in this subsection to a person who presents an affidavit containing the information required by subsection (c).

(c) An affidavit presented under subsection (b) must state:

(1) the name, address, Social Security number, and date of death of the decedent;

(2) the name and address of the affiant, and the relationship of the affiant to the decedent;

(3) that the disclosure of the date of death value is necessary to determine whether the decedent's estate can be administered under the summary procedures set forth in this chapter; and

(4) that the affiant is answerable and accountable for the information received to the decedent's personal representative, if any, or to any other person having a superior right to the property or indebtedness.

(d) A person presented with an affidavit under subsection (b) must provide the requested information within three (3) business days after being presented with the affidavit.

(e) A person who acts in good faith reliance on an affidavit presented under subsection (b) is immune from liability for the disclosure of the requested information.

(f) A person who:

(1) is presented with an affidavit under subsection (b); and

(2) refuses to provide the requested information within three (3) business days after being presented with the affidavit;

is liable to the estate of the decedent.

(g) A plaintiff who prevails in an action to compel a person presented with an affidavit under subsection (b) to accept the authority of the affiant or in an action for damages arising from a person's refusal to provide the information requested in an affidavit presented under subsection (b) shall recover 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 from the date the affidavit was presented to the person.

As added by P.L.95-2007, SEC.7.
Ind. Code § 29-1-15-2 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-2
Powers under will; optional procedure
Status: in_force

Sec. 2. When the personal representative, under the terms of any will, is given the power to sell, mortgage, lease or exchange property of the estate or is given any other power with respect to the administration of the estate, he may proceed in accordance with such power without order of the court or he may proceed under the provisions of this article, as he may determine.

Formerly: Acts 1953, c.112, s.1502. As amended by Acts 1982, P.L.171, SEC.42.
Ind. Code § 29-1-21-1 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-1
Purpose of chapter; presumptions
Status: in_force

Sec. 1. The purpose of this chapter is to provide rules for the valid execution, attestation, self-proving, and probate of wills that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a testator whose identity can be verified, who has testamentary capacity, and who is acting free from duress and undue influence may execute a valid electronic will consistent with the testator's intent. If an electronic will is properly and electronically signed by the testator and by the witnesses and is maintained as an electronic record or as a complete converted copy in compliance with this chapter, all the normal presumptions that apply to a traditional paper will that is validly signed and executed apply to an electronic will.

As added by P.L.40-2018, SEC.2.
Ind. Code § 29-2-14-4 — Indiana Code / Title 29 / Article 2 / Chapter 14 / Section 29-2-14-4
Life or accident insurance
Status: in_force

Sec. 4. Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.

Formerly: Acts 1941, c.49, s.4.
Ind. Code § 29-3.5-2-9 — Indiana Code / Title 29 / Article 3.5 / Chapter 2 / Section 29-3.5-2-9
Rules concerning proceedings filed in two states
Status: in_force

Sec. 9. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 4(a)(1) or 4(a)(2) of this chapter, if a petition for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither petition has been dismissed or withdrawn, the following rules apply:

(1) If the court in this state has jurisdiction under section 3 of this chapter, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 3 of this chapter before the appointment or issuance of the order.

(2) If the court in this state does not have jurisdiction under section 3 of this chapter, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court in this state shall dismiss the petition unless the court in the other state determines that the court in this state is a more appropriate forum.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-19-17 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-17
Discharge of guardian
Status: in_force

Sec. 17. In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Department showing that a minor has attained majority or that the incapacitated person has been rated competent by the Department upon examination in accordance with law shall be prima facie evidence that the minor has attained majority, or the incapacitated person has recovered competency. Upon hearing after notice as provided in this chapter and the determination by the court that the minor has attained majority or the incapacitated person has recovered competency, an order shall be entered to that effect, and the guardian shall file a final account within sixty (60) days of such determination. Upon hearing after notice to the former protected person and to the Department as in case of other accounts, upon approval of the final account, and upon delivery to the protected person of the assets due from the guardian, the guardian shall be discharged and the guardian's sureties released.

Formerly: Acts 1953, c.112, s.2017; Acts 1971, P.L.413, SEC.4. As amended by P.L.33-1989, SEC.50.
Ind. Code § 29-3-8-1 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-1
Enumerated responsibilities of guardian
Status: in_force

Sec. 1. (a) The guardian of a minor (other than a temporary guardian) has all of the responsibilities and authority of a parent and, unless otherwise ordered by the court, is responsible for the preservation of all the minor's property regardless of where the property is located. In addition and without limitation, the guardian:

(1) must be or shall become sufficiently acquainted with the minor and maintain sufficient contact with the minor to know of the minor's capabilities, disabilities, limitations, needs, opportunities, and physical and mental health;

(2) shall, upon termination of the guardianship, comply with the applicable provisions of IC 29-3-12;

(3) to the extent the available parental income and property are insufficient to fulfill the parental obligation of support to the minor, shall apply the guardianship income and, to the extent the guardianship income is insufficient, the principal of the guardianship property to the minor's current needs for support, and protect and conserve that portion of the minor's property that is in excess of the minor's current needs;

(4) shall report the physical and mental condition of the minor to the court as ordered by the court; and

(5) has any other responsibilities that the court may order.

(b) The guardian (other than a temporary guardian) of an incapacitated person is responsible for the incapacitated person's care and custody and for the preservation of the incapacitated person's property to the extent ordered by the court. In addition and without limitation, the guardian of an incapacitated person:

(1) has, with respect to the incapacitated person, the same responsibilities as those of a guardian of a minor enumerated in subsection (a)(1), (a)(3), and (a)(4);

(2) shall, upon termination of the guardianship, comply with the applicable provisions of IC 29-3-12; and

(3) has any other responsibilities that the court may order.

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.10.
Ind. Code § 29-3-6-3 — Indiana Code / Title 29 / Article 3 / Chapter 6 / Section 29-3-6-3
Request for written notice of proceedings and pleadings; determination of interest; failure to comply with request
Status: in_force

Sec. 3. (a) At any time after the appointment of a guardian or the issuance of a protective order, any person may, in person or by the person's attorney, serve upon the guardian or the guardian's attorney, and file with the clerk of the court where the proceedings are pending, a written request together with a written admission or proof of service stating that the person desires written notice of all hearings and copies of all pleadings or other papers in connection with:

(1) the settlement of accounts;

(2) the sale, mortgage, lease, or exchange of any property of the protected person;

(3) allowances of any nature payable from the protected person's property;

(4) the investment of funds of the protected person;

(5) a petition to request the authority to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of the protected person as provided under IC 29-3-9-12.2;

(6) the removal, suspension, or discharge of the guardian;

(7) the final termination of the guardianship; or

(8) any other notice or matter as specified in the request.

The applicant requesting special notice must include in the written request the applicant's post office address or that of the applicant's attorney. The court may determine that any person requesting notice under this section has no interest in the proceeding, either generally or with respect to a particular matter, and is not entitled to the notice requested. Unless the court otherwise directs, upon filing the request, the guardian or the guardian's attorney shall comply with the request.

(b) Failure to comply with a request for notice under this section does not affect the validity of the proceeding.

As added by P.L.169-1988, SEC.1. Amended by P.L.83-2014, SEC.1.
Ind. Code § 29-1-1-3 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-3
Definitions; rules of construction
Status: in_force

Sec. 3. (a) The following definitions apply throughout this article, unless otherwise apparent from the context:

(1) "Child" includes an adopted child or a child that is in gestation before the death of a deceased parent and born within forty-three (43) weeks after the death of that parent. The term does not include a grandchild or other more remote descendants, nor, except as provided in IC 29-1-2-7, a child born out of wedlock.

(2) "Claimant" means a person having a claim against the decedent's estate as described in IC 29-1-14-1(a).

(3) "Claims" includes liabilities of a decedent which survive, whether arising in contract or in tort or otherwise, expenses of administration, and all taxes imposed by reason of the person's death. However, for purposes of IC 29-1-2-1 and IC 29-1-3-1, the term does not include taxes imposed by reason of the person's death.

(4) "Court" means the court having probate jurisdiction.

(5) "Decedent" means one who dies testate or intestate.

(6) "Devise" or "legacy", when used as a noun, means a testamentary disposition of either real or personal property or both.

(7) "Devise", when used as a verb, means to dispose of either real or personal property or both by will.

(8) "Devisee" includes legatee, and "legatee" includes devisee.

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

(10) "Distributee" denotes those persons who are entitled to the real and personal property of a decedent under a will, under the statutes of intestate succession, or under IC 29-1-4-1.

(11) "Estate" denotes the real and personal property of the decedent or protected person, as from time to time changed in form by sale, reinvestment, or otherwise, and augmented by any accretions and additions thereto and substitutions therefor and diminished by any decreases and distributions therefrom.

(12) "Expenses of administration" includes expenses incurred by or on behalf of a decedent's estate in the collection of assets, the payment of debts, and the distribution of property to the persons entitled to the property, including funeral expenses, expenses of a tombstone, expenses incurred in the disposition of the decedent's body, executor's commissions, attorney's fees, and miscellaneous expenses.

(13) "Fiduciary" includes a:

(A) personal representative;

(B) guardian;

(C) conservator;

(D) trustee; and

(E) person designated in a protective order to act on behalf of a protected person.

(14) "Heirs" denotes those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the real and personal property of a decedent on the decedent's death intestate, unless otherwise defined or limited by the will.

(15) For purposes of IC 29-1-5, and with respect to testators and attesting witnesses, "in the presence of" has the meaning set forth in subdivision (16).

(16) For purposes of IC 29-1-5, and with respect to testators and attesting witnesses, "presence" means a process of signing and witnessing in which:

(A) the testator and witness are:

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

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

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

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

(i) the testator's expression of intent to make a will;

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

(iii) the actions of other witnesses when signing the will.

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

(17) "Incapacitated" has the meaning set forth in IC 29-3-1-7.5.

(18) "Interested persons" means heirs, devisees, spouses, creditors, or any others having a property right in or claim against the estate of a decedent being administered. This meaning may vary at different stages and different parts of a proceeding and must be determined according to the particular purpose and matter involved.

(19) "Issue" of a person, when used to refer to persons who take by intestate succession, includes all lawful lineal descendants except those who are lineal descendants of living lineal descendants of the intestate.

(20) "Lease" includes an oil and gas lease or other mineral lease.

(21) "Letters" includes letters testamentary, letters of administration, and letters of guardianship.

(22) "Minor" or "minor child" or "minority" refers to any person under the age of eighteen (18) years.

(23) "Mortgage" includes deed of trust, vendor's lien, and chattel mortgage.

(24) "Net estate" refers to the real and personal property of a decedent less the allowances provided under IC 29-1-4-1 and enforceable claims against the estate.

(25) "No contest provision" refers to a provision of a will that, if given effect, would reduce or eliminate the interest of a beneficiary of the will who, directly or indirectly, initiates or otherwise pursues:

(A) an action to contest the admissibility or validity of the will;

(B) an action to set aside a term of the will; or

(C) any other act to frustrate or defeat the testator's intent as expressed in the terms of the will.

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

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

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

(27) "Observing" has the meaning set forth in subdivision (26).

(28) "Person" means:

(A) an individual;

(B) a corporation;

(C) a trust;

(D) a limited liability company;

(E) a partnership;

(F) a business trust;

(G) an estate;

(H) an association;

(I) a joint venture;

(J) a government or political subdivision;

(K) an agency;

(L) an instrumentality; or

(M) any other legal or commercial entity.

(29) "Personal property" includes interests in goods, money, choses in action, evidences of debt, and chattels real.

(30) "Personal representative" includes executor, administrator, administrator with the will annexed, administrator de bonis non, and special administrator.

(31) "Petition for administration" means a petition filed under IC 29-1-7-5 for the:

(A) probate of a will and for issuance of letters testamentary;

(B) appointment of an administrator with the will annexed; or

(C) appointment of an administrator.

(32) "Probate estate" denotes the property transferred at the death of a decedent under the decedent's will or under IC 29-1-2, in the case of a decedent dying intestate.

(33) "Property" includes both real and personal property.

(34) "Protected person" has the meaning set forth in IC 29-3-1-13.

(35) "Real property" includes estates and interests in land, corporeal or incorporeal, legal or equitable, other than chattels real.

(36) "Unit" means the estate recovery unit of the office of Medicaid policy and planning established under IC 12-8-6.5-1.

(37) "Unit address" means the unit's mailing address that appears on the unit's Internet web site.

(38) "Will" includes all wills, testaments, and codicils. The term also includes a testamentary instrument which merely appoints an executor or revokes or revives another will.

(b) The following rules of construction apply throughout this article unless otherwise apparent from the context:

(1) The singular number includes the plural and the plural number includes the singular.

(2) The masculine gender includes the feminine and neuter.

Formerly: Acts 1953, c.112, s.103; Acts 1973, P.L.287, SEC.1. As amended by Acts 1979, P.L.268, SEC.1; P.L.146-1984, SEC.1; P.L.152-1987, SEC.8; P.L.33-1989, SEC.31; P.L.254-1997(ss), SEC.28; P.L.176-2003, SEC.2; P.L.99-2013, SEC.1; P.L.81-2015, SEC.15; P.L.190-2016, SEC.35; P.L.163-2018, SEC.3; P.L.231-2019, SEC.5; P.L.185-2021, SEC.1.
Ind. Code § 29-3-9-13 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-13
Filing petition for dissolution, legal separation, or annulment in guardian's county of residence
Status: in_force

Sec. 13. (a) This section applies if a court has authorized a guardian to petition for dissolution of marriage, legal separation, or annulment of marriage on behalf of an incapacitated person under section 12.2 of this chapter.

(b) A guardian may file a petition for dissolution on behalf of an incapacitated person under IC 31-15-2 in the county where the guardian resides in accordance with IC 31-15-2-6.

(c) A guardian may file a petition for legal separation on behalf of an incapacitated person under IC 31-15-3-4 in the county where the guardian resides in accordance with IC 31-15-3-6.

(d) A guardian may file an action to annul a marriage under IC 31-11-10 in the county where the guardian resides in accordance with IC 31-11-10-4.

As added by P.L.83-2014, SEC.7.
Ind. Code § 29-3-1-1 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-1
Application of definitions
Status: in_force

Sec. 1. The definitions in this chapter apply throughout and their application is limited to this article.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-2-19-5 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-5
"Funeral services"
Status: in_force

Sec. 5. As used in this chapter, "funeral services" has the meaning set forth in IC 25-15-2-17.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-1-15-16 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-16
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.1516. As amended by Acts 1982, P.L.171, SEC.44. Repealed by P.L.238-2005, SEC.63.
Ind. Code § 29-2-16.1-16 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-16
Hospital agreements with procurement organizations
Status: in_force

Sec. 16. Each hospital in Indiana shall enter into agreements or affiliations with procurement organizations for coordination of procurement and use of anatomical gifts.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-1-10-21 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-21
Authority of personal representatives; circumstances in which a court order may allow an action that the personal representative is prohibited from taking
Status: in_force

Sec. 21. (a) All authority to act with respect to an estate administered under IC 29-1-7 and IC 29-1-7.5 is vested exclusively in the personal representative.

(b) If this article prohibits an action by the personal representative, the prohibition restricts the personal representative, regardless of court order, unless:

(1) a majority in interest of the distributees consent in writing to the proposed action; or

(2) the statute imposing the restriction expressly permits a court to approve the prohibited action.

As added by P.L.99-2013, SEC.4. Amended by P.L.184-2021, SEC.4.
Ind. Code § 29-1-21-7 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-7
Execution of electronic will
Status: in_force

Sec. 7. An electronic will is legally executed if the manner of its execution complies with the law of:

(1) this state;

(2) the jurisdiction that the testator is actually present in at the time of execution; or

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

As added by P.L.40-2018, SEC.2.
Ind. Code § 29-1-7-29 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-29
Foreign wills; contest
Status: in_force

Sec. 29. In all cases of foreign wills and testaments heretofore admitted or hereafter to be admitted to probate, or which have been or may be offered for record and filing in any county of this state, any person interested in the estate of the testator may contest such will or testament within the time, in the manner, and for any or all the causes prescribed by the laws of Indiana in cases of the contest of domestic wills.

Formerly: Acts 1953, c.112, s.729.
Ind. Code § 29-1-7-8 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-8
Death in doubt; search for alleged decedent
Status: in_force

Sec. 8. Whenever there is any doubt that the person whose estate is to be administered is dead, the court, upon application of any interested person, may direct the personal representative to make search for the alleged decedent in any manner which the court may deem advisable, including any or all of the following methods:

(a) By inserting in one (1) or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;

(b) By notifying officers of justice and public welfare agencies in appropriate locations of the disappearance of the alleged decedent;

(c) By engaging the services of an investigation agency.

Formerly: Acts 1953, c.112, s.708.
Ind. Code § 29-1-1-20 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-20
Incapacitated persons; unknown persons; guardians
Status: in_force

Sec. 20. (a) In a proceeding involving estates of decedents or trusts, or in judicially supervised settlements, persons are bound by orders binding others in the following cases:

(1) Orders binding the sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.

(2) Orders binding a trustee bind beneficiaries of the trust in proceedings:

(A) to probate a will establishing or adding to a trust;

(B) to review the acts or accounts of a prior fiduciary; and

(C) involving creditors or other third parties.

(3) Orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate in actions or proceedings by or against the estate. If there is no conflict of interest and no guardian of the estate or person has been appointed, a parent may represent the parent's minor child.

(4) An interested person:

(A) who is incapacitated;

(B) whose present name, existence, or residence upon diligent inquiry is unknown and cannot be ascertained; or

(C) who is not otherwise represented;

is bound by an order to the extent the person's interest is adequately represented by another party having a substantially identical interest in the proceeding.

(b) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding. Any guardian of the person or estate of the person having an interest may be appointed as a guardian ad litem.

(c) The compensation of a guardian or guardian ad litem and the guardian's expenses including attorney's fees for services rendered in any proceeding under this article may be allowed in such amount and ordered paid either out of the entire estate involved as an expense of administration, or out of the protected person's interest therein as the court in its discretion shall determine.

(d) Any adjudication involving the interests of persons considered represented under this section shall be lawful and binding upon all interested persons, whether born or unborn, whether notified or not notified, and whether represented or not, if the interested persons are of the same class or have interests similar to the predominant interests of any person notified or represented.

Formerly: Acts 1953, c.112, s.120. As amended by Acts 1982, P.L.171, SEC.9; P.L.33-1989, SEC.33; P.L.118-1997, SEC.9.
Ind. Code § 29-1-7-10 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-10
Absence of competent witnesses; handwriting; proof
Status: in_force

Sec. 10. If none of the subscribing witnesses to a will can be found, or if all are dead, absent from the state, or incapacitated, one (1) or more of these situations shall be proved to the satisfaction of the court before evidence of the handwriting of the testator or of the subscribing witnesses provided for in section 9 of this chapter shall be admitted in evidence.

Formerly: Acts 1953, c.112, s.710. As amended by Acts 1982, P.L.171, SEC.19; P.L.33-1989, SEC.37.
Ind. Code § 29-1-2-7 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-7
Children born out of wedlock; inheritance
Status: in_force

Sec. 7. (a) For the purpose of inheritance (on the maternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's mother were married to the child's father at the time of the child's birth, so that the child and the child's issue shall inherit from the child's mother and from the child's maternal kindred, both descendants and collaterals, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's mother were married to the child's father at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances.

(b) For the purpose of inheritance (on the paternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, if one (1) of the following requirements is met:

(1) The paternity of a child who was at least twenty (20) years of age when the father died has been established by law in a cause of action that is filed during the father's lifetime.

(2) The paternity of a child who was less than twenty (20) years of age when the father died has been established by law in a cause of action that is filed:

(A) during the father's lifetime; or

(B) within five (5) months after the father's death.

(3) The paternity of a child born after the father died has been established by law in a cause of action that is filed within eleven (11) months after the father's death.

(4) The putative father marries the mother of the child and acknowledges the child to be his own.

(5) The putative father executed a paternity affidavit in accordance with IC 31-6-6.1-9(b) (before its repeal).

(6) The putative father executes a paternity affidavit as set forth in IC 16-37-2-2.1.

(c) The testimony of the mother may be received in evidence to establish such paternity and acknowledgment, but no judgment shall be made upon the evidence of the mother alone. The evidence of the mother must be supported by corroborative evidence or circumstances.

(d) If paternity is established as described in this section, the child shall be treated as if the child's father were married to the child's mother at the time of the child's birth, so that the child and the child's issue shall inherit from the child's father and from the child's paternal kindred, both descendants and collateral, in all degrees, and they may inherit from the child. The child shall also be treated as if the child's father were married to the child's mother at the time of the child's birth, for the purpose of determining homestead rights and the making of family allowances.

Formerly: Acts 1953, c.112, s.207. As amended by P.L.50-1987, SEC.3; P.L.261-1989, SEC.1; P.L.9-1999, SEC.1; P.L.165-2002, SEC.4; P.L.190-2016, SEC.36.
Ind. Code § 29-1-12-3 — Indiana Code / Title 29 / Article 1 / Chapter 12 / Section 29-1-12-3
Distant places or types of property; separate inventory and appraisement
Status: in_force

Sec. 3. When such estate is situated in places distant from each other or is composed of different types of property, the personal representative may prepare the inventory in separate instruments for each place or type of property.

Formerly: Acts 1953, c.112, s.1203; Acts 1971, P.L.409, SEC.2; Acts 1975, P.L.288, SEC.19.
Ind. Code § 29-2-16.1-10 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-10
Anatomical gift recipients; unnamed recipients; anatomical gift uses; rules; delivery of anatomical gift documents; amendment; revocation
Status: in_force

Sec. 10. (a) An anatomical gift may be made to the following persons named in the document of gift:

(1) A hospital.

(2) An accredited medical school, dental school, college, or university.

(3) An organ procurement organization.

(4) An appropriate person for research or education.

(5) Subject to subsection (b), an individual designated by the person making the anatomical gift if the individual is the recipient of the part.

(6) An eye bank.

(7) A tissue bank.

(b) If an anatomical gift to an individual under subsection (a)(5) cannot be transplanted into the individual, the part passes in accordance with subsection (g) in the absence of an express, contrary indication by the person making the anatomical gift.

(c) If an anatomical gift of one (1) or more specific parts or of all parts is made in a document of gift that does not name a person described in subsection (a) but identifies the purpose for which an anatomical gift may be used, the following rules apply:

(1) If the part is an eye and the gift is for the purpose of:

(A) transplantation;

(B) therapy;

(C) education; or

(D) research;

the gift passes to the appropriate eye bank that has an agreement to recover donated eyes from patients who die within the hospital. The eye bank is considered to be the custodian of the donated eye.

(2) If the part is tissue and the gift is for the purpose of:

(A) transplantation; or

(B) therapy;

the gift passes to the appropriate tissue bank that has an agreement to recover donated tissue from patients that die within the hospital. The tissue bank is considered to be the custodian of the donated tissue.

(3) If the part is an organ and the gift is for the purpose of:

(A) transplantation; or

(B) therapy;

the gift passes to the appropriate organ procurement organization that has an agreement to recover donated organs from patients who die within the hospital. The procurement organization is considered to be the custodian of the donated organs.

(4) If the part is an organ, an eye, or tissue from a patient who dies within a hospital and the gift is for the purpose of research or education, the gift passes to the appropriate procurement organization that has an agreement to recover donated organs, tissue, or eyes from patients who die within the hospital.

(d) For the purpose of subsection (c), if there is more than one (1) purpose of an anatomical gift set forth in the document of gift but the purposes are not set forth in any priority, the gift must be used for transplantation or therapy, if suitable. If the gift cannot be used for transplantation or therapy, the gift may be used for research or education.

(e) If an anatomical gift of one (1) or more specific parts is made in a document of gift that does not name a person described in subsection (a) and does not identify the purpose of the gift, the gift may be used only for transplantation, research, or therapy, and the gift passes in accordance with subsection (g).

(f) If a document of gift specifies only a general intent to make an anatomical gift by words such as "donor", "organ donor", or "body donor", or by a symbol or statement of similar import, the gift may be used only for transplantation, research, or therapy, and the gift passes in accordance with subsection (g).

(g) For purposes of subsections (b), (e), and (f), the following rules apply:

(1) If the part is an eye, the gift passes to the appropriate eye bank.

(2) If the part is tissue, the gift passes to the appropriate tissue bank.

(3) If the part is an organ, the gift passes to the appropriate organ procurement organization as custodian of the organ.

(h) An anatomical gift of an organ for transplantation, therapy, or research, other than an anatomical gift under subsection (a)(2), passes to the organ procurement organization as custodian of the organ.

(i) If an anatomical gift does not pass pursuant to subsections (a) through (h) or the decedent's body or part is not used for transplantation, therapy, research, or education, custody of the body or part passes to the person under obligation to dispose of the body or part.

(j) A person may not accept an anatomical gift if the person knows that the:

(1) gift was not effectively made under section 4 or 9 of this chapter; or

(2) decedent made a refusal under section 6 of this chapter that was not revoked.

(k) For purposes of subsection (j), if a person knows that an anatomical gift was made on a document of gift, the person is considered to know of any amendment or revocation of the gift or any refusal to make an anatomical gift on the same document of gift.

(l) If the gift is made by the donor to a specified donee, the will, card, or other document, or an executed copy thereof, may be delivered to the donee to expedite the appropriate procedures immediately after death. Delivery is not necessary to the validity of the gift. The will, card, or other document, or an executed copy thereof, may be deposited in any hospital, bank or storage facility, or registry office that accepts it for safekeeping or for facilitation of procedures after death. On request of any interested party upon or after the donor's death, the person in possession shall produce the document for examination.

(m) If the will, card, or other document, or executed copy thereof, has been delivered to a specified donee, the donor may amend or revoke the gift by:

(1) the execution and delivery to the donee of a signed statement;

(2) an oral statement made in the presence of two (2) persons and communicated to the donee;

(3) a statement during a terminal illness or injury addressed to an attending physician and communicated to the donee; or

(4) a signed card or document found on the decedent's person or in the decedent's effects.

(n) Any document of gift which has not been delivered to the donee may be revoked by the donor in the manner set out in subsection (m) or by destruction, cancellation, or mutilation of the document and all executed copies thereof.

(o) Any gift made by a will may also be amended or revoked in the manner provided for amendment or revocation of wills, or as provided in subsection (m).

(p) Except as otherwise provided in subsection (a)(2), this chapter does not affect the allocation of organs for transplantation or therapy.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-3-9-3 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-3
Compensation and reimbursement of guardian
Status: in_force

Sec. 3. A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for reasonable expenditures made in good faith on behalf of the protected person.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-15-6 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-6
Purchasers, mortgagees, pledgees, or lienors; allowance of claims
Status: in_force

Sec. 6. At any sale of real or personal property upon which there is a mortgage, pledge or other lien, the holder thereof may become the purchaser and may apply the amount of his lien on the purchase price in the following manner. If no claim thereon has been filed or allowed, the court, at the hearing on the report of sale and for confirmation of the sale, may examine into the validity and enforceability of the lien or charge and the amount due thereunder and secured thereby and may authorize the personal representative to accept the receipt of such purchaser for the amount due thereunder and secured thereby as payment pro tanto. If such mortgage, pledge or other lien is a valid claim against the estate and has been allowed, the receipt of the purchaser for the amount due him from the proceeds of the sale is a payment pro tanto. If the amount for which the property is purchased, whether or not such claim was filed or allowed, is insufficient to defray the expenses and discharge his mortgage, pledge or other lien, the purchaser must pay an amount sufficient to pay the balance of such expenses and the amount credited to the payment of his claim shall be reduced accordingly. Nothing permitted under the terms of this section shall be deemed to be an allowance of a claim based upon such mortgage, pledge or other lien.

Formerly: Acts 1953, c.112, s.1506.
Ind. Code § 29-3-7-1 — Indiana Code / Title 29 / Article 3 / Chapter 7 / Section 29-3-7-1
Guardian's bond; amount; collateral in lieu of sureties on bond; reduced bonds
Status: in_force

Sec. 1. (a) Unless the court finds that a bond is unnecessary and enters an order to that effect, or unless the appointed guardian is a bank or trust company (as defined in IC 28-1-1-3), a guardian must execute and file a bond relating to the duties of the guardian's office. Unless otherwise directed by the court, the bond must be in an amount that is not less than the amount determined under STEP THREE of the following STEPS:

STEP ONE: Enter the aggregate value of the guardianship property.

STEP TWO: Add to the amount entered under STEP ONE one (1) year's estimated income.

STEP THREE: From the sum determined under STEP TWO subtract the value of any property that the guardian, by express limitation of power, lacks the power to sell, convey, or encumber without a court order.

(b) The court, instead of sureties on a bond, may accept other collateral for the performance of the bond, including a pledge of securities or a mortgage of the land.

(c) The court may fix the bond at an amount less than that provided under subsection (a), but the amount fixed must, in the court's opinion, provide adequate protection to the property of the protected person. In fixing a reduced bond, the court may do any of the following:

(1) Direct the guardian to invest all, or a part of, the property subject to the guardian's control in:

(A) 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 exchange regulated by the Securities and Exchange Commission; or

(B) securities that are obligations issued or guaranteed by the United States.

(2) Direct the guardian to place all, or a part of, the property subject to the guardian's control in a savings account. However, the court may require property to be held in a manner that requires either the joint authorization of the guardian and the guardian's surety or an order of the court to remove the funds from the account.

(3) Direct the guardian to transfer all, or a part of, the property subject to the guardian's control to a bank or trust company organized under the laws of Indiana or of the United States and operating a bank or trust company located within Indiana to administer the estate as an agent for the guardian.

(4) Direct the guardian to:

(A) transfer any or all stocks, bonds, and securities subject to the guardian's control only after obtaining an order of the court directing the transfer; and

(B) require that notice of this restriction on the transfer of such stocks, bonds, and securities be placed upon the certificates evidencing those stocks, bonds, and securities.

(5) Direct the guardian to comply with all, part, or any combination of the requisites specified in subdivisions (1) through (4).

(6) Direct the guardian to take any other action that the court determines necessary to provide adequate protection to the property of the protected person.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-1-19-4 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-4
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.2004. Repealed by Acts 1971, P.L.412, SEC.1.
Ind. Code § 29-3-9-8 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-8
Supplementary orders
Status: in_force

Sec. 8. At any time after the appointment or issuance of a protective order, the court on its own motion or on the petition of the protected person or other person approved by the court, in addition to its authority under IC 29-3-8-8, may give the instructions and make the amendatory and supplementary orders that the court finds appropriate.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-2-1-8 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-8
Non-resident decedents; proceedings; application of law
Status: in_force

Sec. 8. In respect to a non-resident decedent, the provisions of article 1 of this title govern (a) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (b) the status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributees and others in regard to a local administration.

Formerly: Acts 1881(ss), c.45, s.140; Acts 1971, P.L.414, SEC.3; Acts 1975, P.L.288, SEC.46.
Ind. Code § 29-3-1-15.5 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-15.5
"Volunteer advocate for seniors and incapacitated adults"
Status: in_force

Sec. 15.5. "Volunteer advocate for seniors and incapacitated adults" means an individual who:

(1) is a volunteer;

(2) has completed a guardian training program approved by a court;

(3) is supervised by a volunteer advocates for seniors and incapacitated adults program that is appointed by a court to serve as a guardian for a senior or an incapacitated person who is at least eighteen (18) years of age; and

(4) provides reports and makes recommendations to a court.

As added by P.L.11-2006, SEC.1. Amended by P.L.72-2010, SEC.1; P.L.4-2020, SEC.1.
Ind. Code § 29-1-7-12 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-12
Nuncupative wills; proof
Status: in_force

Sec. 12. Proof of nuncupative wills is subject to the requirements of IC 29-1-5-4.

Formerly: Acts 1953, c.112, s.712. As amended by Acts 1982, P.L.171, SEC.20.
Ind. Code § 29-2-1-7 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-7
Domiciliary foreign personal representative; limitation of powers by local personal representative
Status: in_force

Sec. 7. The powers of a domiciliary foreign personal representative under section 2 or 6 of this chapter shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 6 of this chapter, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in the state.

Formerly: Acts 1881(ss), c.45, s.139; Acts 1971, P.L.414, SEC.2; Acts 1975, P.L.288, SEC.45.
Ind. Code § 29-3-8-3 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-3
Mandatory responsibilities of guardian
Status: in_force

Sec. 3. A guardian (other than a temporary guardian) shall do the following:

(1) Act as a guardian with respect to the guardianship property and observe the standards of care and conduct applicable to trustees.

(2) Protect and preserve the property of the protected person subject to guardianship and secure the protective orders or other orders that are required to protect any other property of the protected person.

(3) Conserve any property of the protected person in excess of the protected person's current needs.

(4) Encourage self-reliance and independence of the protected person.

(5) Consider recommendations relating to the appropriate standard of support, care, education, and training for the protected person or the protected person's dependent made by the protected person's parent.

As added by P.L.169-1988, SEC.1. Amended by P.L.108-1996, SEC.6.
Ind. Code § 29-1-3-7 — Indiana Code / Title 29 / Article 1 / Chapter 3 / Section 29-1-3-7
Failure to elect; intestate succession
Status: in_force

Sec. 7. When a surviving spouse makes no election to take against the will, he shall receive the benefit of all provisions in his favor in the will, if any, and shall share as heir, in accordance with IC 29-1-2-1, in any estate undisposed of by the will. The surviving spouse is not entitled to take any share against the will by virtue of the fact that the testator made no provisions for him therein, except as he shall elect pursuant to IC 29-1. By taking under the will or consenting thereto, he does not waive his right to the allowance, unless it clearly appears from the will that the provision therein made for him was intended to be in lieu of that right.

Formerly: Acts 1953, c.112, s.307. As amended by Acts 1977, P.L.296, SEC.1; P.L.176-2003, SEC.5.
Ind. Code § 29-2-1-5 — Indiana Code / Title 29 / Article 2 / Chapter 1 / Section 29-2-1-5
Domiciliary foreign personal representative; filing copies of appointment and bond
Status: in_force

Sec. 5. If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of his appointment and of any official bond he has given.

Formerly: Acts 1881(ss), c.45, s.74; Acts 1975, P.L.288, SEC.43.
Ind. Code § 29-2-16.1-13 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-13
Organ or tissue donor queries for hospital patients
Status: in_force

Sec. 13. (a) As used in this section:

(1) "Administrator" means a hospital administrator or a hospital administrator's designee.

(2) "Gift" means a gift of all or any part of the human body made under this chapter.

(3) "Representative" means a person who is:

(A) authorized under section 8 of this chapter to make a gift on behalf of a decedent; and

(B) available at the time of the decedent's death when members of a prior class under section 8 of this chapter are unavailable.

(b) An administrator of each hospital or the administrator's designee may ask each patient who is at least eighteen (18) years of age if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.

(c) The governing board of each hospital shall adopt procedures to determine under what circumstances an administrator or an administrator's designee may ask a patient if the patient is an organ or a tissue donor or if the patient desires to become an organ or a tissue donor.

(d) The administrator shall inform the representative of the procedures available under this chapter for making a gift whenever:

(1) an individual dies in a hospital;

(2) the hospital has not been notified that a gift has been authorized under section 4 of this chapter; and

(3) a procurement organization determines that the individual's body may be suitable of yielding a gift.

(e) If:

(1) an individual makes an anatomical gift on the individual's driver's license or identification card under IC 9-24-17; and

(2) the individual dies in a hospital;

the person in possession of the individual's driver's license or identification card shall immediately produce the driver's license or identification card for examination upon request, as provided in section 10(l) of this chapter.

(f) A gift made in response to information provided under this section must be signed by the donor or made by the donor's telegraphic, recorded telephonic, or other recorded message.

(g) When a representative is informed under this section about the procedures available for making a gift, the fact that the representative was so informed must be noted in the decedent's medical record.

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

As added by P.L.147-2007, SEC.12. Amended by P.L.1-2010, SEC.114.
Ind. Code § 29-3-4-3 — Indiana Code / Title 29 / Article 3 / Chapter 4 / Section 29-3-4-3
Creditors and dependents to be considered by court before issuing protective order; appointment of limited guardian; authority conferred by order
Status: in_force

Sec. 3. Before issuing a protective order under this chapter, the court shall consider the interest of creditors and dependents of the protected person and, in view of the disability or minority of the protected person, whether the protected person needs the protection of a guardian. The court may appoint a limited guardian to assist in the establishment of any protective arrangement or other transaction. All persons acting under a protective order have the authority conferred by the order and serve until discharged by the court after reporting to the court all matters conducted under the order.

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

Sec. 6. "Guardian" means a person who is a fiduciary and is appointed by a court to be a guardian or conservator responsible as the court may direct for the person or the property of an incapacitated person or a minor. The term includes a temporary guardian, a limited guardian, and a successor guardian but excludes one who is only a guardian ad litem. The terms guardian and conservator are interchangeable.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.58.
Ind. Code § 29-3.5-1-4 — Indiana Code / Title 29 / Article 3.5 / Chapter 1 / Section 29-3.5-1-4
Interstate communications between courts
Status: in_force

Sec. 4. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record of the communication.

(b) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-1-10-15 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-15
Special administrator; appointment; appeal of order
Status: in_force

Sec. 15. (a) A special administrator may be appointed by the court if:

(1) from any cause, delay is necessarily occasioned in granting letters;

(2) before the expiration of the time allowed by law for issuing letters, any competent person shall file an affidavit with the clerk stating that anyone is intermeddling with the estate or that there is no one having authority to take care of the same;

(3) any person shall have died testate and objections to the probate of the person's will shall have been filed as provided by law;

(4) the court determines that the appointment is necessary under IC 29-1-13-16; or

(5) no personal representative has been appointed and the appointment is sought for the sole purpose of pursuing damages for a decedent's wrongful death after notice and hearing as provided in section 15.5 of this chapter.

(b) The appointment of a special administrator may be for a specified time to perform duties respecting specific property, or to perform particular acts as shall be stated in the order of appointment. The fact that a person has been designated as executor in a decedent's will shall not disqualify the person from being appointed special administrator of such decedent's estate or any portion thereof.

(c) The special administrator shall make such reports as the court shall direct, and shall account to the court upon the termination of the special administrator's authority. Otherwise, and except as the provisions of this article by terms apply to general personal representatives, and except as ordered by the court, the law and procedure relating to personal representatives in this article shall apply to special administrators. The order appointing a special administrator shall not be appealable.

Formerly: Acts 1953, c.112, s.1015. As amended by Acts 1982, P.L.171, SEC.30; P.L.162-2022, SEC.10.
Ind. Code § 29-1-11-8 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-8
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.1108. Repealed by Acts 1975, P.L.288, SEC.51.
Ind. Code § 29-1-14-5 — Indiana Code / Title 29 / Article 1 / Chapter 14 / Section 29-1-14-5
Joint contracts and judgments deemed joint and several
Status: in_force

Sec. 5. Every contract executed jointly by the decedent with any other person or persons, and every joint judgment founded on such contract, shall be deemed to be joint and several for the purpose contemplated in section 4 of this chapter; and the amount due thereon shall be allowed against the estate of the decedent as if the contract were joint and several.

Formerly: Acts 1953, c.112, s.1405. As amended by Acts 1982, P.L.171, SEC.38.
Ind. Code § 29-2-16.1-19 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-19
BMV, PLA, and DNR cooperation with donor registries; requirements of registry; personally identifiable information
Status: in_force

Sec. 19. (a) The bureau of motor vehicles, the professional licensing agency, and the department of natural resources shall cooperate with a person that administers any donor registry that this state establishes, contracts for, or recognizes for the purpose of transferring to the donor registry all relevant information regarding a donor's making, amendment to, or revocation of an anatomical gift.

(b) A donor registry must:

(1) allow a donor or other person authorized under section 4 of this chapter to include on the donor registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift;

(2) be accessible to a procurement organization and to coroners to allow it to obtain relevant information on the donor registry to determine, at or near death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift; and

(3) be accessible for purposes of subdivisions (1) and (2) seven (7) days a week on a twenty-four (24) hour basis.

(c) Personally identifiable information on a donor registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor, prospective donor, or person that made the anatomical gift for any purpose other than to determine, at or near death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift.

(d) This section does not prohibit any person from creating or maintaining a donor registry that is not established by or under contract with the state. Any such registry must comply with subsections (b) and (c).

As added by P.L.147-2007, SEC.12. Amended by P.L.11-2020, SEC.4; P.L.16-2022, SEC.3.
Ind. Code § 29-1-15-14 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-14
Fair market value; appraisal; reappraisal
Status: in_force

Sec. 14. The value of the property for the purposes of a sale of real property pursuant to section 3 and subsequent sections of this chapter shall be the fair market value filed with the inventory unless the court directs that the property be appraised or reappraised, as the case may be. In the event appraisal is ordered by the court, or in the case of a lease pursuant to such sections of the probate code, the property shall be appraised at its fair market value or its fair market rental value, as the case may be, in a manner considered appropriate by the court.

Formerly: Acts 1953, c.112, s.1514; Acts 1975, P.L.288, SEC.31.
Ind. Code § 29-3-7-5 — Indiana Code / Title 29 / Article 3 / Chapter 7 / Section 29-3-7-5
Guardianship property; possession by guardian; transfer of property interest; process against property
Status: in_force

Sec. 5. (a) A guardian shall take possession of the guardianship property, title to which shall remain in the protected person subject to the right of the guardian to possess and dispose of the property as provided by law.

(b) The interest of the protected person in guardianship property is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, though ineffective to affect property rights, may generate a claim under IC 29-3-10.

(c) The property referred to in subsections (a) through (b) is not subject to levy, garnishment, or similar process other than an order issued in a proceeding on a claim under IC 29-3-10.

As added by P.L.169-1988, SEC.1.
Ind. Code § 29-2-16.1-18 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-18
Validity of a document of gift
Status: in_force

Sec. 18. (a) A document of gift is valid if executed in accordance with:

(1) this chapter;

(2) the laws of the state or country where it was executed; or

(3) the laws of the state or country where the person making the anatomical gift was domiciled, has a place of residence, or was a national at the time the document of gift was executed.

(b) If a document of gift is valid under this chapter, the law of this state governs the interpretation of the document of gift.

(c) A person may presume that a document of gift or amendment of an anatomical gift is valid unless that person knows that it was not validly executed or was revoked.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-3-5-2 — Indiana Code / Title 29 / Article 3 / Chapter 5 / Section 29-3-5-2
Appointment of guardian before adjudication of incapacity or minority
Status: in_force

Sec. 2. A guardian may not be appointed for an incapacitated person or a minor under this chapter until the incapacity or minority has been adjudicated.

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.6.
Ind. Code § 29-1-11-9 — Indiana Code / Title 29 / Article 1 / Chapter 11 / Section 29-1-11-9
New bond; release of surety; accounting
Status: in_force

Sec. 9. (a) Any surety upon any bond of any personal representative or other fiduciary may petition the court approving such bond to be released therefrom. Ten (10) days' notice thereof shall be given the principal in said bond. Upon proof of such notice, the court shall notify the principal to file a new bond within fifteen (15) days with penalty and surety to the approval of the court. Upon failure to file such a new bond with the time fixed, the principal shall be forthwith removed by the court. In either event the principal shall file an accounting covering his acts to date. As soon as said new bond is filed or said principal removed, the surety shall be released from any liability for the acts or omissions of the principal thereafter occurring, but shall remain liable for his prior acts and omissions.

(b) Any principal in any bond given by any executor, administrator, guardian or fiduciary may apply to the court approving such bond to terminate further liability on such bond and to release the surety or sureties thereon from all further liability and offer a new bond in an amount and with sureties as required by law and file an accounting covering his acts to the date thereof. Ten (10) days' notice of such application shall be given the sureties. Upon the approval of the accounting and the new bond, the court shall enter an order discharging the original sureties from all liability upon said bond for acts or omissions of the principal thereafter occurring, but they shall remain liable on said former bond for prior acts and omissions.

Formerly: Acts 1953, c.112, s.1109.
Ind. Code § 29-1-5-1 — Indiana Code / Title 29 / Article 1 / Chapter 5 / Section 29-1-5-1
Sound mind; age; armed forces
Status: in_force

Sec. 1. Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will.

Formerly: Acts 1953, c.112, s.501; Acts 1971, P.L.404, SEC.1.
Ind. Code § 29-3-1-7 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-7
"Guardianship property"
Status: in_force

Sec. 7. "Guardianship property" means the property of an incapacitated person or a minor for which a guardian is responsible.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.59.
Ind. Code § 29-1-8-4 — Indiana Code / Title 29 / Article 1 / Chapter 8 / Section 29-1-8-4
Closing of estate; statement
Status: in_force

Sec. 4. (a) As used in this section, "fiduciary" means:

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

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

(b) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a fiduciary may close an estate administered under the summary procedures of section 3 of this chapter by disbursing and distributing the estate assets to the distributees and other persons entitled to those assets, and by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:

(1) to the best knowledge of the fiduciary, the value of the gross probate estate, less liens and encumbrances, did not exceed the sum of:

(A) twenty-five thousand dollars ($25,000), for the estate of an individual who dies before July 1, 2006, fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2006, and before July 1, 2022, and one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022;

(B) the costs and expenses of administration; and

(C) reasonable funeral expenses;

(2) the fiduciary has fully administered the estate by disbursing and distributing it to the persons entitled to it; and

(3) the fiduciary has sent a copy of the closing statement to all distributees of the estate and to all known creditors or other claimants of whom the fiduciary is aware and has furnished a full accounting in writing of the administration to the distributees whose interests are affected.

(c) If no actions, claims, objections, or proceedings involving the fiduciary are filed in the court within two (2) months after the closing statement is filed, the closing statement filed under this section has the same effect as one filed under IC 29-1-7.5-4, and the appointment of the personal representative or the duties of the fiduciary, as applicable, shall terminate.

(d) A copy of any affidavit recorded under section 3(c) of this chapter must be attached to the closing statement filed under this section.

Formerly: Acts 1953, c.112, s.804; Acts 1971, P.L.406, SEC.3; Acts 1975, P.L.288, SEC.15. As amended by Acts 1976, P.L.125, SEC.4; Acts 1977, P.L.297, SEC.2; P.L.146-1984, SEC.3; P.L.95-2007, SEC.9; P.L.220-2011, SEC.474; P.L.194-2017, SEC.5; P.L.231-2019, SEC.15; P.L.56-2020, SEC.6; P.L.105-2022, SEC.20; P.L.151-2022, SEC.3; P.L.162-2022, SEC.9.
Ind. Code § 29-3.5-3-1 — Indiana Code / Title 29 / Article 3.5 / Chapter 3 / Section 29-3.5-3-1
Transfer of guardianship to another state
Status: in_force

Sec. 1. (a) A guardian appointed in this state may petition the court to transfer the guardianship to another state.

(b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a guardian.

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

(d) The court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the court is satisfied that the guardianship will be accepted by the court in the other state and the court finds that:

(1) the protected person:

(A) is physically present in the other state;

(B) is reasonably expected to move permanently to the other state; or

(C) has a significant connection to the other state as determined under IC 29-3.5-2-1;

(2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person;

(3) plans for care and services for the protected person in the other state are reasonable and sufficient; and

(4) adequate arrangements will be made for management of the protected person's property.

(e) The court shall issue a final order confirming the transfer and terminating the guardianship upon its receipt of:

(1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 2 of this chapter; and

(2) the documents required to terminate a guardianship in this state.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-2-19-19 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-19
Actions to contest the validity of a funeral planning declaration
Status: in_force

Sec. 19. An action to contest the validity of any declaration made under this chapter must be:

(1) brought in the same manner as an action to contest the validity of a will under IC 29-1-7;

(2) filed in the circuit court, superior court, or probate court of the county in which the declarant's remains are located;

(3) expedited on the docket of the circuit court, superior court, or probate court as a matter requiring priority; and

(4) accompanied by a bond, cash deposit, or other surety sufficient to guarantee that the hospital, nursing home, funeral home, or other institution holding the declarant's remains is compensated for the storage charges incurred while the action is pending.

As added by P.L.143-2009, SEC.14. Amended by P.L.84-2016, SEC.131.
Ind. Code § 29-3-9-4.5 — Indiana Code / Title 29 / Article 3 / Chapter 9 / Section 29-3-9-4.5
Estate planning
Status: in_force

Sec. 4.5. (a) After notice to interested persons and upon authorization of the court, a guardian may, if the protected person has been found by the court to lack testamentary capacity, do any of the following:

(1) Make gifts.

(2) Exercise any power with respect to transfer on death or payable on death transfers that is described in IC 30-5-5-7.5.

(3) Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties.

(4) Exercise or release a power of appointment.

(5) Create a revocable or irrevocable trust of all or part of the property of the estate, including a trust that extends beyond the duration of the guardianship.

(6) Revoke or amend a trust that is revocable by the protected person.

(7) Exercise rights to elect options and change beneficiaries under insurance policies, retirement plans, and annuities.

(8) Surrender an insurance policy or annuity for its cash value.

(9) Exercise any right to an elective share in the estate of the protected person's deceased spouse.

(10) Renounce or disclaim any interest by testate or intestate succession or by transfer inter vivos.

(b) Before approving a guardian's exercise of a power listed in subsection (a), the court shall consider primarily the decision that the protected person would have made, to the extent that the decision of the protected person can be ascertained. If the protected person has a will, the protected person's distribution of assets under the will is prima facie evidence of the protected person's intent. The court shall also consider:

(1) the financial needs of the protected person and the needs of individuals who are dependent on the protected person for support;

(2) the interests of creditors;

(3) the possible reduction of income taxes, estate taxes, inheritance taxes, or other federal, state, or local tax liabilities;

(4) the eligibility of the protected person for governmental assistance;

(5) the protected person's previous pattern of giving or level of support;

(6) the protected person's existing estate plan, if any;

(7) the protected person's life expectancy and the probability that the guardianship will terminate before the protected person's death; and

(8) any other factor the court considers relevant.

(c) A guardian may examine and receive, at the expense of the guardian, copies of the following documents of the protected person:

(1) A will.

(2) A trust.

(3) A power of attorney.

(4) A health care appointment.

(5) An advance directive.

(6) Any other estate planning document.

As added by P.L.6-2010, SEC.12. Amended by P.L.50-2021, SEC.73.
Ind. Code § 29-1-21-14 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-14
Prima facie evidence of validity
Status: in_force

Sec. 14. (a) Regardless of the number of custodians or other persons who receive, hold, or transfer copies of an electronic record for an electronic will to other custodians, other authorized persons, or the testator:

(1) the electronic record, including any accompanying document integrity evidence (if applicable), is prima facie evidence of:

(A) the validity of the electronic will; and

(B) freedom from unauthorized alteration or tampering unless evidence of alteration or tampering is evident on the face of the electronic record;

(2) a complete converted copy of an electronic will is prima facie evidence of:

(A) the validity of the electronic will; and

(B) freedom from unauthorized alteration or tampering;

if the electronic will was executed in compliance with this chapter; and

(3) except as provided in section 16(e)(2) of this chapter, a custodian or other person is not required to make or issue an affidavit regarding the custodian's or other person's custody of the electronic record for an electronic will or custody of a complete converted copy of the electronic will. Any custodian or other person may, however, make an affidavit of regularity under section 13 of this chapter if any objection is asserted or any doubt is raised concerning the validity of the electronic will or about any alleged unauthorized alteration of the electronic will.

(b) The presumption of:

(1) validity; and

(2) freedom from unauthorized alteration or tampering;

described in subsection (a) may be rebutted by clear and convincing evidence or by evidence that the testator executed another electronic will or traditional paper will at a later date.

As added by P.L.40-2018, SEC.2.
Ind. Code § 29-1-19-12 — Indiana Code / Title 29 / Article 1 / Chapter 19 / Section 29-1-19-12
Compensation of guardian; liquidation of loans or investments
Status: in_force

Sec. 12. (a) Compensation payable to guardians shall:

(1) be based upon services rendered; and

(2) not exceed either five percent (5%) of the amount of moneys received or such larger amount as may be established by the court during the period covered by the account.

(b) In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon, may authorize reasonable additional compensation for the services. A copy of the petition and notice of hearing on the petition shall be given the proper office of the department in the manner provided in the case of hearing on a guardian's account or other pleading.

(c) No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.

Formerly: Acts 1953, c.112, s.2012; Acts 1971, P.L.413, SEC.3. As amended by P.L.1-1990, SEC.271.
Ind. Code § 29-2-19-15 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-15
Effect of dissolution, annulment, or separation
Status: in_force

Sec. 15. Except as otherwise expressly provided in a declaration, a subsequent:

(1) dissolution of marriage;

(2) annulment of marriage;

(3) legal separation of the declarant and the declarant's spouse; or

(4) court determination that the declarant and spouse were physically and emotionally separated at the time of death and the separation was for an extended time that clearly demonstrates an absence of due affection, trust, and regard for the declarant;

automatically revokes a delegation of authority in a declaration to the declarant's spouse to direct the disposition of the declarant's body or to make all arrangements concerning funeral services and other ceremonies after the declarant's death.

As added by P.L.143-2009, SEC.14. Amended by P.L.34-2011, SEC.6.
Ind. Code § 29-3-8-9 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-9
Requirements, terms, and conditions included in order creating guardianship; requirements for modifying or terminating guardianship; notify and refer to department of child services; conduct of hearing
Status: in_force

Sec. 9. (a) A probate or juvenile court may include in its order creating a guardianship of a minor the following:

(1) A requirement that the minor must reside with the guardian until the guardianship is terminated or modified.

(2) Any terms and conditions that a parent must meet in order to seek modification or termination of the guardianship.

(b) Except as provided in IC 29-3-12, if an order creating a guardianship contains terms and conditions described in subsection (a)(2), the court may modify or terminate the guardianship only if the parent:

(1) complies with the terms and conditions; and

(2) proves the parent's current fitness to assume all parental obligations by a preponderance of the evidence.

(c) If:

(1) a petition is filed for modification, resignation, or removal of the guardian or termination of the guardianship before the parent complies with the court ordered terms and conditions described in subsection (a)(2); and

(2) the minor:

(A) was the subject of a petition alleging the child to be a child in need of services; or

(B) is participating in a program of informal adjustment;

the court shall refer the petition to the department of child services for the department of child services to determine the placement of the child in accordance with the best interests of the child.

(d) A court shall notify the department of child services:

(1) if:

(A) the court appoints a guardian for a minor who:

(i) was the subject of a petition alleging the minor to be a child in need of services; or

(ii) is participating in a program of informal adjustment; and

(B) a petition to modify or terminate the guardianship of the minor or a petition regarding the death, resignation, or removal of the guardian is filed; and

(2) of any hearings related to the petitions described under subdivision (1)(B).

(e) If a minor was the subject of a petition alleging the minor to be a child in need of services or is participating in a program of informal adjustment, the court shall do the following at a hearing regarding a petition filed under this section:

(1) Consider the position of the department of child services.

(2) If requested by the department of child services, allow the department of child services to present evidence regarding:

(A) whether the guardianship should be modified or terminated;

(B) the fitness of the parent to provide for the care and supervision of the minor at the time of the hearing;

(C) the appropriate care and placement of the child; and

(D) the best interests of the child.

(f) The department of child services or the proposed guardian shall notify the court creating a guardianship if the department of child services has approved financial assistance to a guardian for the benefit of the protected person, as a component of child services (as defined in IC 31-9-2.1-47(1)(E)). If the guardian will be provided assistance as a component of child services, the court shall order the guardian to provide financial support to the protected person to the extent the following resources do not fully support the needs of the protected person:

(1) The guardianship property of the protected person.

(2) Child support or other financial assistance received by the guardian from the protected person's parent or parents.

(3) Periodic payments the guardian receives from the department of child services for support of the protected person as set forth in the department of child service's rules or the terms of the guardianship assistance agreement.

As added by P.L.162-2011, SEC.3. Amended by P.L.48-2012, SEC.8; P.L.145-2026, SEC.157.
Ind. Code § 29-2-16.1-21 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-21
Coroner cooperation with procurement organizations; postmortem examinations; removal of a part of organ from a decedent
Status: in_force

Sec. 21. (a) A coroner shall cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, education, or training.

(b) If a coroner receives notice from a procurement organization that an anatomical gift might be available or was made with respect to a decedent whose body is under the jurisdiction of the coroner and a postmortem examination is going to be performed, unless the coroner denies recovery in accordance with IC 36-2-14-22.6(f), the coroner or designee shall, when practicable, conduct a postmortem examination of the body or the part in a manner and within a period compatible with its preservation for the purposes of the gift. If a coroner conducts a postmortem examination outside of a compatible period, the coroner must document why examination occurred outside of a compatible period. It is considered sufficient documentation if the coroner documents that additional time was necessary to conduct an adequate medicolegal examination.

(c) A part may not be removed from the body of a decedent under the jurisdiction of a coroner for transplantation, therapy, research, or education unless the part is the subject of an anatomical gift. The body of a decedent under the jurisdiction of the coroner may not be delivered to a person for research or education unless the body is the subject of an anatomical gift. This subsection does not preclude a coroner or pathologist from performing the medicolegal investigation upon the body or parts of a decedent under the jurisdiction of the coroner or from using the body or parts of a decedent under the jurisdiction of the coroner for the purposes of research, education, or training required by the coroner or pathologist.

As added by P.L.147-2007, SEC.12.
Ind. Code § 29-1-7.5-7 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-7
Claims against distributees; limitation
Status: in_force

Sec. 7. Unless otherwise barred, the claim of any claimant, including a claimant under a disability, to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, including an heir or devisee under a disability, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of (a) three (3) years after the decedent's death, or (b) one (1) year after the closing statement is filed.

Formerly: Acts 1975, P.L.288, SEC.11. As amended by Acts 1978, P.L.132, SEC.5.
Ind. Code § 29-2-19-12 — Indiana Code / Title 29 / Article 2 / Chapter 19 / Section 29-2-19-12
Funeral planning declaration; form required; additional directions permitted
Status: in_force

Sec. 12. A declaration must be substantially in the form set forth in section 13 of this chapter, but the declaration may include additional, specific directions. The invalidity of any additional, specific direction does not affect the validity of the declaration.

As added by P.L.143-2009, SEC.14.
Ind. Code § 29-2-5-4 — Indiana Code / Title 29 / Article 2 / Chapter 5 / Section 29-2-5-4
Guardians; appointment
Status: in_force

Sec. 4. Such court shall have power to appoint guardians of the persons and estates of the children under eighteen (18) years of age of such departed person, who shall have all the powers and rights, and be subject to all the duties and liabilities, in relation to such children and their estates, which appertain to guardians of heirs under eighteen (18) years of age and their estates, under IC 34-9-2.

Formerly: Acts 1859, c.4, s.4; Acts 1973, P.L.287, SEC.13. As amended by P.L.1-1998, SEC.157.
Ind. Code § 29-1-7.5-3.2 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-3.2
Inventories
Status: in_force

Sec. 3.2. (a) Not more than two (2) months after the appointment of a personal representative under this chapter, the personal representative shall prepare a verified inventory of the decedent's probate estate. The inventory may consist of at least one (1) written instrument.

(b) The inventory required under subsection (a) must indicate the fair market value of each item of property belonging to the probate estate, including a statement of all known liens and other charges on any item. The property must be classified in the inventory 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 the stock has no par value, and if preferred stock, the dividend rate.

(5) Mortgages, bonds, notes, or other written evidences of debt or of ownership described by the name of the 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. However, no inventory of the partnership property is required.

(c) In preparing the inventory required under subsection (a), the personal representative may employ a disinterested appraiser to ascertain the fair market value as of the date of the decedent's death of an asset that has a value that 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 the appraiser appraised.

(d) The personal representative shall furnish a copy of the inventory required under subsection (a), or a supplement or amendment to the inventory, to a distributee who requests a copy.

(e) The personal representative may certify to the court that the inventory required under subsection (a), a supplement, or an amendment to the inventory has been prepared and is available. However, the court may not require the personal representative to file a copy of the inventory, a supplement, or an amendment to the inventory with the court.

As added by P.L.130-1992, SEC.3. Amended by P.L.182-1999, SEC.5; P.L.99-2013, SEC.2.
Ind. Code § 29-1-10-18 — Indiana Code / Title 29 / Article 1 / Chapter 10 / Section 29-1-10-18
Wrongful death; nonresident; appointment of administrator
Status: in_force

Sec. 18. Any court having probate jurisdiction in the state of Indiana may appoint an administrator for the estate of a nonresident for the sole purpose of bringing an action to recover damages for the wrongful death of such nonresident. The appointment may be made in the county in which the death occurred; or in the county in which the injury causing the death was received; or in the county in which any party defendant to the suit resides. The appointment shall in no way depend upon whether or not the decedent left assets.

Formerly: Acts 1953, c.112, s.1018.
Ind. Code § 29-3-2-2 — Indiana Code / Title 29 / Article 3 / Chapter 2 / Section 29-3-2-2
Venue for appointment of guardian; stay of proceedings; transfer of proceedings
Status: in_force

Sec. 2. (a) The venue for the appointment of a guardian or for protective proceedings is as follows:

(1) If the alleged incapacitated person or minor resides in Indiana, venue is:

(A) in the county where the alleged incapacitated person or minor resides; or

(B) if the proceeding is for the appointment of a temporary guardian of the person for an alleged incapacitated person or minor who is in need of medical care, in the county where a facility is located that is providing or attempting to provide medical care to the alleged incapacitated person or minor.

(2) If the alleged incapacitated person or minor does not reside in Indiana, then venue is in any county where any property of the alleged incapacitated person or minor is located. However, if the proceeding is for the appointment of a temporary guardian of the person for an alleged incapacitated person or minor who is in need of medical care, venue is in the county where the facility providing or attempting to provide medical care is located.

(3) If the alleged incapacitated person is an adult (as defined in IC 29-3.5-1-2(1)), venue is determined under the laws of the state or country having jurisdiction under IC 29-3.5-2. However, if a court in Indiana has jurisdiction under IC 29-3.5-2, the rules for determining venue set forth in this section apply.

(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 proper venue by the court in the county where first commenced. After proper venue has been determined, 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 shall transmit the original file to the proper county. The proceedings shall be commenced by the filing of a petition with the court, and the proceeding first commenced extends to all of the property of the minor or the incapacitated person unless otherwise ordered by the court.

(c) If it appears to the court at any time that:

(1) the proceeding was commenced in the wrong county;

(2) the residence of the incapacitated person or the minor has been changed to another county;

(3) the proper venue is determined to be otherwise under the Indiana Rules of Trial Procedure; or

(4) it would be in the best interest of the incapacitated person or the minor and the property of the minor or the incapacitated person;

the court may order the proceeding, together with all papers, files, and a certified copy of all orders, transferred to another court in Indiana. That court shall complete the proceeding as if originally commenced in that court. The court may in like manner transfer a guardianship or protective proceeding in Indiana to a court outside Indiana if the other court assumes jurisdiction to complete the proceeding as if originally commenced in that court. Before any transfer is made under this subsection, a hearing pursuant to notice shall be held in the same manner as provided with respect to the appointment of a guardian.

(d) Where a guardian has been appointed by a court that does not have probate jurisdiction, the matter shall be transferred in accordance with the proper venue to a court having probate jurisdiction for qualification of the guardian and for further proceedings in the guardianship.

(e) Nothing in this section shall be construed as a requirement of jurisdiction.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.62; P.L.178-2011, SEC.2.
Ind. Code § 29-1-21-15 — Indiana Code / Title 29 / Article 1 / Chapter 21 / Section 29-1-21-15
"Electronic will copy"; deposit of electronic will
Status: in_force

Sec. 15. (a) As used in this section, "electronic will copy" means a complete converted copy of an electronic will that is deposited with a circuit court clerk under IC 29-1-7-3.1.

(b) The following shall apply to the deposit of an electronic will copy with circuit court clerks:

(1) IC 29-1-7-3.1(a).

(2) IC 29-1-7-3.1(b).

(3) IC 29-1-7-3.1(d).

(4) IC 29-1-7-3.1(e).

(5) IC 29-1-7-3.1(g).

(6) IC 29-1-7-3.1(h).

(7) IC 29-1-7-3.1(i).

(8) IC 29-1-7-3.1(j).

(c) A person or depositor may deposit an electronic will copy with the circuit court clerk under IC 29-1-7-3.1 by:

(1) submitting a paper copy of the complete converted copy of the electronic will copy to the clerk; or

(2) electronically filing a readable and printable copy of the completed converted copy of the electronic will copy with the clerk if permitted by court rules.

(d) If the circuit court clerk receives a paper copy of a complete converted copy, the clerk shall promptly do the following:

(1) Place the electronic will copy in an envelope.

(2) Securely seal the envelope.

(3) Give or send a confirmation receipt verifying reception of the electronic will copy to the person or depositor.

(e) If the circuit court clerk receives an electronic copy of a complete converted copy of an electronic will, the clerk shall do the following:

(1) Print the entire complete converted copy.

(2) Place the printed copy described in subdivision (1) in an envelope.

(3) Securely seal the envelope.

(4) Give or send a confirmation receipt verifying reception of the will to the person or depositor.

(f) The circuit court clerk, after sealing a complete converted copy of an electronic will in an envelope as described in subsection (e), shall do the following:

(1) Designate the:

(A) date of deposit;

(B) name of the testator; and

(C) name and address of the depositor;

on the envelope.

(2) Index the electronic will alphabetically by the name of the testator.

An envelope and electronic will copy deposited under this section or IC 29-1-7-3.1 is confidential under IC 5-14-3.

As added by P.L.40-2018, SEC.2.
Ind. Code § 29-1-15-15 — Indiana Code / Title 29 / Article 1 / Chapter 15 / Section 29-1-15-15
Real property sales; notice
Status: in_force

Sec. 15. In all sales of real property the sale may be made with or without notice as directed by the court. Where notice is ordered the personal representative shall give such notice as the court orders.

Formerly: Acts 1953, c.112, s.1515; Acts 1955, c.258, s.7; Acts 1975, P.L.288, SEC.32. As amended by Acts 1978, P.L.132, SEC.9.
Ind. Code § 29-1-7-21 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-21
Contest of wills; burden of proof
Status: in_force

Sec. 21. If such determination be against the validity of such will or the competency of the proof, the court shall refuse or revoke the probate thereof; but if it be in favor of the validity and due execution of such will, probate thereof shall be admitted or ratified.

Formerly: Acts 1953, c.112, s.721.
Ind. Code § 29-1-13-9 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-9
Embezzlement; conversion
Status: in_force

Sec. 9. If a person embezzles or converts to the person's own use the personal property of a decedent before the appointment of a personal representative, the person is liable to the estate for the value of the property embezzled or converted.

Formerly: Acts 1953, c.112, s.1309. As amended by P.L.154-1990, SEC.8.
Ind. Code § 29-3-1-17 — Indiana Code / Title 29 / Article 3 / Chapter 1 / Section 29-3-1-17
"Volunteer advocates for seniors and incapacitated adults program"
Status: in_force

Sec. 17. "Volunteer advocates for seniors and incapacitated adults program" means:

(1) an Indiana nonprofit or municipal corporation;

(2) a program of an Indiana nonprofit or municipal corporation; or

(3) a program operated by a county or court;

that is appointed by a court to serve as a guardian for a senior or an incapacitated person who is at least eighteen (18) years of age and trains and supervises volunteers in a court approved guardian program for seniors and incapacitated adults and is certified by the Indiana supreme court as a volunteer advocate for seniors and incapacitated adults program.

As added by P.L.72-2010, SEC.3. Amended by P.L.4-2020, SEC.3.
Ind. Code § 29-1-17-13 — Indiana Code / Title 29 / Article 1 / Chapter 17 / Section 29-1-17-13
Supplemental reports; discharge; limitation of actions
Status: in_force

Sec. 13. Upon the filing of a supplemental report of distribution together with receipts or other evidence satisfactory to the court that distribution has been made as ordered in the final decree, the court shall enter an order of discharge. The discharge so obtained shall operate as a release from the duties of personal representative and shall operate as a bar to any suit including suits by persons under disability, against the personal representative and his sureties except suits which are commenced within one (1) year from the date of the discharge and are based solely upon alleged mistake, fraud or wilful misconduct on the part of the personal representative.

Formerly: Acts 1953, c.112, s.1713.
Ind. Code § 29-1-13-10 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-10
Petitions; concealment; embezzlement; conversion; adverse interest; attachment
Status: in_force

Sec. 10. (a) Upon the filing of a petition by the personal representative or any other person interested in the estate alleging that any person has, or is suspected to have, concealed, embezzled, converted or disposed, of any real or personal property belonging to the estate of a decedent, or has possession or knowledge of any such property or of any instruments in writing relating to such property, the court having probate jurisdiction, upon such notice as it may direct, may order such person to appear before it for disclosure, and may finally adjudicate the rights of the parties before the court with respect to such property. Insofar as concerns parties claiming an interest adverse to the estate, such procedure for disclosure or to determine title is an independent proceeding and not with IC 29-1-7-2.

(b) Any person so ordered to appear who fails or refuses to appear, or who refuses to answer concerning such property or to deliver up any such property in which no interest adverse to the estate is claimed by him, may be attached and imprisoned in the discretion of the court.

Formerly: Acts 1953, c.112, s.1310. As amended by Acts 1982, P.L.171, SEC.35.
Ind. Code § 29-1-13-4 — Indiana Code / Title 29 / Article 1 / Chapter 13 / Section 29-1-13-4
Fraudulent conveyances; recovery
Status: reserved

Sec. 4. The real and personal property liable for the payment of debts of a decedent shall include all property transferred by him with intent to defraud his creditors or any of them, or transferred by any other means which is in law void as against his creditors or any of them; and the right to recover such property, so far as necessary for the payment of the debts of the decedent, shall be in the personal representative, who shall take such steps as may be necessary to recover the same. Such property shall constitute general assets for the payment of all creditors; but no property so transferred shall be taken from anyone who purchased it for a valuable consideration, in good faith and without knowledge of the fraud.

Formerly: Acts 1953, c.112, s.1304.
Ind. Code § 29-1-16-2 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-2
Closing estate; final account
Status: in_force

Sec. 2. Every personal representative shall close the estate as promptly as possible. Unless for good cause shown the time for filing the final account in the estate shall not exceed one (1) year from the appointment of a personal representative.

Formerly: Acts 1953, c.112, s.1602.
Ind. Code § 29-1-2-8 — Indiana Code / Title 29 / Article 1 / Chapter 2 / Section 29-1-2-8
Adopted children; inheritance
Status: in_force

Sec. 8. For all purposes of intestate succession, including succession by, through, or from a person, both lineal and collateral, an adopted child shall be treated as a natural child of the child's adopting parents, and the child shall cease to be treated as a child of the natural parents and of any previous adopting parents. However, if a natural parent of a child born in or out of wedlock marries the adopting parent, the adopted child shall inherit from the child's natural parent as though the child had not been adopted, and from the child's adoptive parent as though the child were the natural child. In addition, if a person who is related to a child within the sixth degree adopts such child, such child shall upon the occasion of each death in the child's family have the right of inheritance through the child's natural parents or adopting parents, whichever is greater in value in each case.

Formerly: Acts 1953, c.112, s.208; Acts 1961, c.267, s.1; Acts 1965, c.405, s.2; Acts 1969, c.254, s.1. As amended by P.L.152-1987, SEC.9.
Ind. Code § 29-1-7-22 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-22
Revocation of probate
Status: in_force

Sec. 22. Whenever the probate of any will shall be revoked as herein provided, the clerk of the proper court shall record such revocation in the record of wills and probate thereof and attest the same.

Formerly: Acts 1953, c.112, s.722.
Ind. Code § 29-3.5-4-2 — Indiana Code / Title 29 / Article 3.5 / Chapter 4 / Section 29-3.5-4-2
Registration of out-of-state protective order
Status: in_force

Sec. 2. If:

(1) a conservator has been appointed in another state;

(2) a petition for a guardianship or protective order is not pending in this state; and

(3) the conservator appointed in the other state gives notice to the appointing court of an intent to register the protective order;

the conservator appointed in the other state may register the protective order in this state by filing as a foreign judgment certified copies of the conservator's order, letters of office, and bond, if any, in the court of this state having probate jurisdiction in any county in which property belonging to the protected person is located.

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

Sec. 10. (a) A volunteer advocates for seniors and incapacitated adults program may petition the court for reasonable compensation for services provided or for expenditures made in good faith on behalf of the incapacitated adult or senior.

(b) A court may grant reasonable compensation or expenditure reimbursement to a volunteer advocates for seniors and incapacitated adults program upon the court's own motion.

As added by P.L.72-2010, SEC.13. Amended by P.L.4-2020, SEC.15.
Ind. Code § 29-2-16.1-8 — Indiana Code / Title 29 / Article 2 / Chapter 16.1 / Section 29-2-16.1-8
Priority of persons authorized to make an anatomical gift of a decedent's body or part
Status: in_force

Sec. 8. (a) Subject to subsections (b) and (c), unless barred by section 6 or 7 of this chapter, an anatomical gift of a decedent's body or part for the purpose of transplantation, therapy, research, or education may be made by any member of the following classes of persons who are reasonably available, in the order of priority listed:

(1) An agent of the decedent at the time of death who could have made an anatomical gift under section 3(2) of this chapter immediately before the decedent's death.

(2) The spouse of the decedent.

(3) Adult children of the decedent.

(4) Parents of the decedent.

(5) Adult siblings of the decedent.

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

(7) Adult grandchildren of the decedent.

(8) Grandparents of the decedent.

(9) An adult who exhibited special care and concern for the decedent.

(10) Any other person having the authority to dispose of the decedent's body.

(b) If there is more than one (1) member of a class listed in subsection (a)(1), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), or (a)(8) entitled to make an anatomical gift, an anatomical gift may be made by a member of the class unless that member or a person to whom the gift may pass under section 10 of this chapter knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available.

(c) A person may not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under subsection (a) is reasonably available to make or to object to the making of an anatomical gift.

As added by P.L.147-2007, SEC.12. Amended by P.L.26-2021, SEC.5.
Ind. Code § 29-1-16-5 — Indiana Code / Title 29 / Article 1 / Chapter 16 / Section 29-1-16-5
Petition to settle and allow; petition to distribute
Status: in_force

Sec. 5. At the time of filing of an account the personal representative shall petition the court to settle and allow his account; and if the estate is in a proper condition to be closed, he shall also petition the court for an order authorizing him to distribute the estate, and shall specify in the petition the persons to whom distribution is to be made and the proportions or parts of the estate to which each is entitled. Petitions to settle or to distribute may be incorporated in the account in the absence of a court rule or order to the contrary.

Formerly: Acts 1953, c.112, s.1605.
Ind. Code § 29-2-2-6 — Indiana Code / Title 29 / Article 2 / Chapter 2 / Section 29-2-2-6
Dispensing with services; salary
Status: in_force

Sec. 6. At any time after the appointment of such commissioner, when such court shall deem that his services may be dispensed with, either for a certain or indefinite length of time, without detriment to the business of said court, or the interests of the trusts therein pending, the court shall enter of record its finding to that effect and cause the same to be certified to the auditor of such county, and thereupon, during the time so specified in such finding, the salary of such commissioner shall cease and his services during said time be dispensed with, the said commissioner to again assume his duties and receive his salary therefor only when the court shall so order.

Formerly: Acts 1891, c.137, s.6.
Ind. Code § 29-3-8-7 — Indiana Code / Title 29 / Article 3 / Chapter 8 / Section 29-3-8-7
Sale, division, or disposition of property; contracts entered into before incapacity; performance by guardian
Status: in_force

Sec. 7. If the court finds that:

(1) an incapacitated person who is a protected person did, before the person became an incapacitated person, enter into a written contract, including a contract for the sale, division, or other disposition of property;

(2) the obligations of the contract have not been fully carried out; and

(3) the contract was a good and binding contract at the time of the making of the contract;

the court shall authorize the guardian of the protected person to perform the contract without notice or hearing unless otherwise ordered by the court.

As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.74.
Ind. Code § 29-1-1-10 — Indiana Code / Title 29 / Article 1 / Chapter 1 / Section 29-1-1-10
Notice of filings; objections or answers
Status: in_force

Sec. 10. Where, pursuant to law, order of court, or the request of the moving party, notice of the filing of any report, account, claim, petition, motion or other pleading to interested persons is required before submission of the same to the court, any interested person, on or before the day set for hearing, may file written objections or answers thereto, and, upon special order or general rule of the court, objections or answers thereto must be filed in writing as a prerequisite of being heard by the court.

Formerly: Acts 1953, c.112, s.110.
Ind. Code § 29-3-3-1 — Indiana Code / Title 29 / Article 3 / Chapter 3 / Section 29-3-3-1
Payment of debt owed to minor; delivery of minor's property in possession of another; use of payment or property
Status: in_force

Sec. 1. (a) Any person indebted to a minor or having possession of property belonging to a minor in an amount not exceeding twenty-five thousand dollars ($25,000) may pay the debt or deliver the property without the appointment of a guardian, giving of bond, or other order of court directly to:

(1) any person having the care and custody of the minor with whom the minor resides; or

(2) a custodian for the benefit of the minor under IC 30-2-8.5.

(b) Persons receiving property for a minor under this section are obligated to apply the property to the support, use, and benefit of the minor.

(c) This section does not apply if the person paying or delivering the property knows that a guardian has been appointed for the minor or that proceedings for appointment of a guardian for the minor are pending.

(d) A person who pays or delivers property in accordance with this section in good faith is not responsible for the proper application of that property.

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.4; P.L.42-1998, SEC.3; P.L.252-2001, SEC.26; P.L.105-2026, SEC.2.
Ind. Code § 29-1-7.5-3.4 — Indiana Code / Title 29 / Article 1 / Chapter 7.5 / Section 29-1-7.5-3.4
Distribution of real property
Status: in_force

Sec. 3.4. (a) This section applies to the distribution of real property by a personal representative to a devisee or heir under this chapter.

(b) The conveyance subscribed by the personal representative under this section is sufficient to distribute all title in the real property to the devisee or heir if the conveyance includes substantially the following language:

"A.B. is the personal representative of the estate of C.D., deceased. This estate is pending as Cause Number ___________ in __________ County, Indiana. The personal representative, by virtue of the power given a personal representative under Indiana law, hereby distributes to E.F. the following described real estate: (insert description)."

As added by P.L.130-1992, SEC.4.
Ind. Code § 29-1-7-16 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-16
Objections to probate
Status: in_force

Sec. 16. Prior to the admission of a will to probate, written objections to its probate alleging that such objections are not made for vexation or delay may be filed in the court having jurisdiction over the probate of the will by any interested person. No notice of the filing of such objection need be given. The clerk shall note such filing of an objection in the estate docket and copy such objections in the will record. If such will is thereafter offered for probate, it shall be impounded by the clerk, copied in the will record, and its probate continued for thirty (30) days. If an action to resist the probate of such will is not commenced within thirty (30) days, such will may be admitted to probate without notice.

Formerly: Acts 1953, c.112, s.716. As amended by Acts 1982, P.L.171, SEC.21; P.L.154-1990, SEC.4.
Ind. Code § 29-3.5-2-6 — Indiana Code / Title 29 / Article 3.5 / Chapter 2 / Section 29-3.5-2-6
Courts authorized to decline exercising jurisdiction upon determining that the courts of another state are the more appropriate forum
Status: in_force

Sec. 6. (a) A court of this state having jurisdiction under section 3 of this chapter to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.

(b) If a court of this state declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The court may impose any condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state.

(c) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:

(1) any expressed preference of the respondent;

(2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur, and which state could best protect the respondent from the abuse, neglect, or exploitation;

(3) the length of time the respondent was physically present in or was a legal resident of this or another state;

(4) the distance of the respondent from the court in each state;

(5) the financial circumstances of the respondent's estate;

(6) the nature and location of the evidence;

(7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;

(8) the familiarity of the court of each state with the facts and issues in the proceeding; and

(9) if an appointment were made, the court's ability to monitor the conduct of the guardian.

As added by P.L.178-2011, SEC.10.
Ind. Code § 29-3-14-10 — Indiana Code / Title 29 / Article 3 / Chapter 14 / Section 29-3-14-10
Presumption of validity
Status: in_force

Sec. 10. A supported decision making agreement that complies with section 7 of this chapter is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision making agreement was not validly executed.

As added by P.L.68-2019, SEC.4.
Ind. Code § 29-2-18-2 — Indiana Code / Title 29 / Article 2 / Chapter 18 / Section 29-2-18-2
Land not for sale
Status: in_force

Sec. 2. Whenever it shall be manifestly to the interest of a protected person, the court may, under the restrictions provided in section 1 of this chapter, authorize the guardian of the protected person to lay out any portion of the estate in the manner and with the legal effect provided in section 1, as though the land was not designed for sale.

Formerly: Acts 1853, c.49, s.2. As amended by Acts 1982, P.L.171, SEC.85; P.L.33-1989, SEC.55.
Ind. Code § 29-1-7-11 — Indiana Code / Title 29 / Article 1 / Chapter 7 / Section 29-1-7-11
Repealed
Status: repealed

Formerly: Acts 1953, c.112, s.711. Repealed by Acts 1975, P.L.288, SEC.51.
Ind. Code § 29-3-3-6 — Indiana Code / Title 29 / Article 3 / Chapter 3 / Section 29-3-3-6
Surviving parent; custody proceedings; temporary guardian or guardian ad litem; hearing
Status: in_force

Sec. 6. (a) The surviving parent of a minor does not have the right to custody of the minor without a proceeding authorized by law if the parent was not granted custody of the minor in a dissolution of marriage decree and the conditions specified in this section exist.

(b) If:

(1) the surviving parent, at the time of the custodial parent's death, had required supervision during parenting time privileges granted under a dissolution of marriage decree involving the minor; or

(2) the surviving parent's parenting time privileges with the minor had been suspended at the time of the death of the custodial parent;

the court on petition by any person, including a temporary custodian named under IC 31-17-2-11 (or IC 31-1-11.5-27 before its repeal), or on the court's own motion, may appoint a temporary guardian for the minor for a specified period not to exceed sixty (60) days.

(c) If a petition is filed under this section, a court shall appoint a guardian ad litem (as defined in IC 31-9-2.1-117) or a court appointed special advocate (as defined in IC 31-9-2.1-67) for the child. A guardian ad litem or court appointed special advocate appointed under this section serves until removed by the court.

(d) If a temporary guardian is appointed without notice and the minor files a petition that the guardianship be terminated or the court order modified, the court shall hold a hearing and make a determination on the petition at the earliest possible time.

(e) A temporary guardian appointed under this section has only the responsibilities and powers that are ordered by the court.

(f) A proceeding under this section may be joined with a proceeding under IC 29-3-4 or IC 29-3-5.

(g) The court shall appoint a guardian under this article if the court finds that the surviving parent is not entitled to the right of custody of the minor.

As added by P.L.155-1990, SEC.2. Amended by P.L.1-1993, SEC.215; P.L.1-1997, SEC.119; P.L.68-2005, SEC.7; P.L.145-2026, SEC.155.
Ind. Code § 29-3-12-1 — Indiana Code / Title 29 / Article 3 / Chapter 12 / Section 29-3-12-1
Termination of guardianship; petition for confidential health disclosure order; effect of termination on guardianship powers; powers of guardian after death of protected person
Status: in_force

Sec. 1. (a) Except as provided in section 6 or 7 of this chapter, the court shall terminate the guardianship of a minor upon:

(1) the minor's attaining eighteen (18) years of age; or

(2) the minor's death.

The court may terminate the guardianship of a minor upon the minor's adoption or marriage.

(b) The court shall terminate the guardianship of an incapacitated person upon:

(1) adjudication by the court that the protected person is no longer an incapacitated person; or

(2) the death of the protected person.

(c) The court may terminate any guardianship if:

(1) the guardianship property does not exceed the value of three thousand five hundred dollars ($3,500);

(2) the guardianship property is reduced to three thousand five hundred dollars ($3,500);

(3) the domicile or physical presence of the protected person is changed to another state and a guardian has been appointed for the protected person and the protected person's property in that state; or

(4) the guardianship is no longer necessary for any other reason.

(d) If a protected person intends to file a petition to terminate a guardianship under this section and the protected person is unable to obtain medical records in support of a petition to terminate a guardianship from a health care provider, the:

(1) protected person;

(2) attorney of record for the protected person;

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

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

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

(e) When a guardianship terminates otherwise than by the death of the protected person, the powers of the guardian cease, except that the guardian may pay the claims and expenses of administration that are approved by the court and exercise other powers that are necessary to complete the performance of the guardian's trust, including payment and delivery of the remaining property for which the guardian is responsible:

(1) to the protected person;

(2) in the case of an unmarried minor, to a person having care and custody of the minor with whom the minor resides;

(3) to a trust approved by the court, including a trust created by the guardian, in which:

(A) the protected person is the sole beneficiary of the trust; and

(B) the terms of the trust satisfy the requirements of Section 2503(c) of the Internal Revenue Code and the regulations under that Section;

(4) to a custodian under the Uniform Transfers to Minors Act (IC 30-2-8.5); or

(5) to another responsible person as the court orders.

(f) When a guardianship terminates by reason of the death of the protected person, the powers of the guardian cease, except as follows:

(1) The guardian may do the following:

(A) Pay the expenses of administration that are approved by the court.

(B) Exercise all other powers that are necessary to complete the performance of the guardian's trust. Permitted performances under this clause include the following:

(i) The power to control the disposition of the deceased protected person's body.

(ii) The power to make anatomical gifts.

(iii) The power to request an autopsy.

(iv) The power to make arrangements for funeral services.

(v) The power to make other ceremonial arrangements as provided under IC 29-2-19-17.

(C) Deliver the remaining property for which the guardian is responsible to the protected person's personal representative or to a person who presents the guardian with an affidavit under IC 29-1-8-1 or IC 29-2-1-2.

(D) Request the health records of the protected person under IC 16-39-1-3(c)(4), except as provided in IC 16-39-1-3(d), if the protected person was an incapacitated person. The power of a guardian under this clause terminates sixty (60) days after the date of the protected person's death.

(2) If the court approves the payment of expenses and obligations under this subdivision, then before the guardian delivers the remaining property under subdivision (1)(C), the guardian shall pay the following expenses and obligations in the amounts approved by the court and in decreasing order of priority:

(A) Final administration expenses of the guardianship as approved by the court under subdivision (1)(A).

(B) Unless prepaid by means of a funeral trust or before the protected person's death, the reasonable expenses for:

(i) the protected person's funeral;

(ii) a tombstone, monument, or other marker; and

(iii) the disposition of the protected person's bodily remains;

subject to the limitations provided in IC 29-1-14-9(a)(2).

(C) Any statutory allowances payable to the protected person's surviving spouse or surviving child under IC 29-1-4-1.

(D) The protected person's debts disclosed to the court and which could be filed and allowed as claims under IC 29-1-14, having the priority and preference established under IC 29-1-14-9(a)(4).

(E) Reasonable expenses of the protected person's last illness disclosed to the court and which could be filed and allowed as claims under IC 29-1-14, having the priority and preference established under IC 29-1-14-9(a)(5).

(F) The protected person's debts disclosed to the court and which could be filed and allowed as claims under IC 29-1-14, having priority and preference established under IC 29-1-14-9(a)(6).

(G) Any other obligations of the protected person disclosed to the court and which could be filed and allowed as claims under IC 29-1-14, having the priority established under IC 29-1-14-9(a)(7).

As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.12; P.L.95-2007, SEC.14; P.L.48-2012, SEC.9; P.L.115-2012, SEC.1; P.L.240-2017, SEC.2; P.L.26-2021, SEC.8; P.L.184-2021, SEC.8; P.L.38-2023, SEC.14.