reglab/housing_qa huggingface dataset:
IN Code § 29-1-5-8 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-8. Revocation; Divorce; Annulment of Marriage; Change in Circumstances

Sec. 8. If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse are revoked. Annulment of the testator's marriage shall have the same effect as a divorce. With this exception, no written will, nor any part of the will, can be revoked by any change in the circumstances or condition of the testator.Formerly: Acts 1953, c.112, s.508. As amended by P.L.136-2018, SEC.214.
IN Code § 29-1-5-9 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 5. Execution and Revocation of Wills|29-1-5-9. Trust Inter Vivos; Execution

Sec. 9. An instrument creating an inter vivos trust in order to be valid need not be executed as a testamentary instrument pursuant to section 3 or 3.1 of this chapter, even though such trust instrument reserves to the maker or settlor the power to revoke, or the power to alter or amend, or the power to control investments, or the power to consume the principal, or because it reserves to the maker or settlor any one or more of said powers.Formerly: Acts 1953, c.112, s.509. As amended by Acts 1982, P.L.171, SEC.17; P.L.4-2003, SEC.5.
IN Code § 29-1-6-0.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship|29-1-6-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.As added by P.L.220-2011, SEC.469.
IN Code § 29-1-6-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship|29-1-6-2. Contest of Wills; Admission Prevented; Forfeiture of Benefits

Sec. 2. (a) Except as provided in subsection (b), a no contest provision is enforceable according to the express terms of the no contest provision.(b) Subsection (a) does not apply to the following proceedings:(1) An action brought by a beneficiary if good cause is found by a court.(2) An action brought by an executor or other fiduciary of a will that incorporates a no contest provision, unless the executor or other fiduciary is a beneficiary against whom the no contest provision is otherwise enforceable.(3) An agreement, including a nonjudicial settlement agreement, among beneficiaries and any other interested persons to settle or resolve any other matter relating to a will or estate.(4) An action to determine whether a proposed or pending motion or proceeding constitutes a contest.(5) An action brought by or on behalf of a beneficiary to seek a ruling regarding the construction or interpretation of a will.(6) An action or objection brought by a beneficiary, an executor, or other fiduciary that seeks a ruling on proposed distributions, fiduciary fees, or any other matter where a court has discretion.(7) An action brought by the attorney general that:(A) seeks a ruling regarding the construction or interpretation of:(i) a will containing a charitable trust or charitable bequest; or(ii) a no contest provision contained in a will or trust that purports to penalize a charity or charitable interest; or(B) institutes any other proceedings relating to:(i) an estate; or(ii) a trust;if good cause is shown to do so.Formerly: Acts 1953, c.112, s.602. As amended by P.L.136-2018, SEC.215; P.L.163-2018, SEC.4; P.L.215-2018(ss), SEC.13.
IN Code § 29-1-6-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship|29-1-6-3. Restraint of Marriage

Sec. 3. A devise to a spouse with a condition in restraint of marriage shall stand, but the condition shall be void.Formerly: Acts 1953, c.112, s.603.
IN Code § 29-1-6-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship|29-1-6-5. Construction of Wills; Petition

Sec. 5. The court in which a will is probated shall have jurisdiction to construe it. Such construction may be made on a petition of the personal representative or of any other person interested in the will; or, if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of such issue. When a petition for the construction of a will is filed during administration of the estate, notice of the hearing thereon shall be given to interested persons. If the estate has been closed prior to the filing of such petition, notice shall be given as in civil actions.Formerly: Acts 1953, c.112, s.605.
IN Code § 29-1-6-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship|29-1-6-6. Determination of Heirship; Good Faith Purchasers

Sec. 6. (a) At any time during the administration of a decedent's estate, the personal representative or any interested person may petition the court to determine the heirs of said decedent and their respective interests in the estate or any part thereof. Upon the filing of the petition the court shall fix the time for the hearing thereof, notice of which shall be given to all persons known or believed to claim or have any interest in the estate or any part thereof as heir or through an heir of the decedent. In addition, notice by publication shall be given to all unknown heirs of the decedent.(b) Upon the hearing of the petition, heirship may be determined by competent evidence or, if there be no objection, by affidavit. A record shall be made of all oral evidence, and such record and all affidavits shall remain as part of the files in the estate proceeding.(c) Upon satisfactory proof the court shall make a decree determining the heirs of the decedent and their respective interests in the estate or any part thereof.(d) The decree of court as provided in subsection (c) shall be conclusive of the facts determined therein on any interested person who has been notified personally or by mail in accordance with the provisions of this article, subject to the right of appeal.(e) All acts of the personal representative which were lawful when performed according to the facts determined by the decree as provided in subsection (c) shall be valid insofar as concerns the rights and liability of a purchaser, lessee or other person dealing with the personal representative for value and in good faith and insofar as concerns a personal representative who has acted in good faith.Formerly: Acts 1953, c.112, s.606. As amended by Acts 1982, P.L.171, SEC.18.
IN Code § 29-1-7-0.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 7. Probate and Grant of Administration|29-1-7-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:(1) The amendments made to section 17 of this chapter by P.L.284-1987 do not apply to wills admitted to probate before April 21, 1987.(2) The amendments made to sections 18 and 19 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.(3) The amendments made to sections 7, 7.5, and 17 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.As added by P.L.220-2011, SEC.470.
IN Code § 29-1-7-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 7. Probate and Grant of Administration|29-1-7-1. Venue; Transfer of Proceedings

Sec. 1. (a) The venue for the probate of a will and for the administration of an estate shall be:(1) In the county in this state where the decedent had his domicile at the time of his death.(2) When not domiciled in this state in any county in the state, where he left any property at the time of his decease; or into which county any property belonging to his estate may have come after his decease.(b) If proceedings are commenced in more than one (1) county, they shall be stayed except in the county where first commenced until final determination of the venue by the court in the county where first commenced, and thereupon all proceedings in any county, other than the county where jurisdiction has been finally determined to exist, shall be dismissed. If the proper venue is finally determined to be in another county, the court, after making and retaining a true copy of the entire file, shall transmit the original to the proper county. The proceeding shall be deemed commenced by the filing of a petition; and the proceeding first legally commenced shall extend to all of the property of the estate in this state.(c) If it appears to the court at any time before the decree of final distribution in any proceedings that the proceeding was commenced in the wrong county or that it would be for the best interests of the estate, the court, in its discretion, may order the proceeding with all papers, files and a certified copy of all orders therein transferred to another court having probate jurisdiction, which other court shall thereupon proceed to complete the administration proceedings as if originally commenced therein.Formerly: Acts 1953, c.112, s.701.
IN Code § 29-1-7-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 7. Probate and Grant of Administration|29-1-7-2. One Proceeding in Rem

Sec. 2. The probate of a will and the administration of the estate shall be considered one (1) proceeding for the purposes of jurisdiction. The entire proceeding and the administration of a decedent's estate is a proceeding in rem. This section applies to proceedings under IC 29-1-13-4, IC 29-1-13-16, and IC 29-1-14-10.Formerly: Acts 1953, c.112, s.702. As amended by P.L.154-1990, SEC.1.
IN Code § 29-1-7-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 7. Probate and Grant of Administration|29-1-7-3. Produce Will in Court; Contempt; Damages

Sec. 3. (a) After the death of a person, the person having custody of the decedent's will:(1) may; or(2) shall, upon written demand by the personal representative or upon court order;deliver the will to the court which has jurisdiction of the administration of the decedent's estate.(b) A verified written application may be filed by or on behalf of any interested person or any personal representative named, in any court having jurisdiction of the administration of the decedent's estate for an order of that court against any person who is alleged to have the custody of the will of the said person so dying, to produce said will before said court at the time fixed by said court in order that said will may be probated. Upon the filing of said application, the court shall cause notice to issue of the filing thereof to the person alleged in said petition to have the custody of said will. If, upon the hearing of said application, the court shall find the allegations thereof to be true, the court shall enter an order directing the person so named in said application to deliver said will within the time fixed in said order, to such person as the court shall designate, so that the same may be offered for probate.(c) If the person against whom said order is issued shall, after said order shall have been served upon him, fail without just cause to so produce said will at the time so fixed therefor, he shall be guilty of contempt of court and may by said court be committed to the jail of the county in which said court is located, there to remain until he produces said will, or until said order to produce shall have been vacated, and said person so found guilty of contempt shall also be liable to any person interested in the probate of said will for all damages he may sustain by the failure of said person to comply with said order.Formerly: Acts 1953, c.112, s.703. As amended by P.L.165-2002, SEC.5.
IN Code § 29-1-7-3.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 7. Probate and Grant of Administration|29-1-7-3.1. Will Depository

Sec. 3.1. (a) This section applies whether it is:(1) known; or(2) unknown;whether a testator is living.(b) As used in this section, "depositor" refers to a person who deposits a will with the circuit court clerk under this section.(c) As used in this section, "will" refers to an original:(1) will;(2) codicil; or(3) will and codicil.(d) A person may deposit a will with the circuit court clerk of the county in which the testator resided when the testator executed the will. The circuit court clerk may assume, without inquiring into the facts, that the depositor's representation is accurate as to the county where the testator resided when the testator executed the will. Except as provided in subsection (e), the circuit court clerk shall collect a fee of twenty-five dollars ($25) for the deposit of the will. The circuit court clerk shall deposit the fee in the clerk's record perpetuation fund under IC 33-37-5-2.(e) The circuit court:(1) shall waive the fee under subsection (d) if:(A) a court with probate jurisdiction of the county where the will is deposited certifies that the depositor deposits the will:(i) as a participant; or(ii) for a participant;in a program of the supreme court, including the Judges and Lawyers Assistance Program established under Rule 31 of the supreme court Rules for Admission to the Bar and the Discipline of Attorneys; and(B) the certification described in clause (A) accompanies the will when the will is deposited; and(2) may waive the fee under subsection (d) if the depositor is no longer practicing law.(f) Upon receipt of a will under this section, the circuit court clerk shall:(1) provide the depositor with a receipt for the will;(2) place the will in an envelope and seal the envelope securely in the presence of the depositor;(3) designate on the envelope the:(A) date of deposit;(B) name of the testator; and(C) name and address of the depositor; and(4) index the will alphabetically by the name of the testator.An envelope and will deposited under this section is not a public record under IC 5-14-3.(g) During the testator's lifetime, the circuit court clerk shall:(1) keep the envelope containing the will sealed; and(2) deliver the envelope to:(A) the testator; or(B) a person authorized, in a writing signed by the testator, to receive the envelope.(h) If the circuit court clerk has custody of the will after the death of the testator, the circuit court clerk may deliver the will to the court that has jurisdiction of the administration of the decedent's estate as set forth in section 3 of this chapter.(i) A circuit court clerk may destroy a will deposited under this section if:(1) the circuit court clerk has not received notice of the death of the testator; and(2) at least one hundred (100) years have passed since the date the will was deposited.(j) A depositor that complies with this section is immune from civil liability for depositing the will.As added by P.L.238-2005, SEC.9.
IN Code § 29-1-7-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 7. Probate and Grant of Administration|29-1-7-4. Petitions; Hearing

Sec. 4. (a) Any interested person or a personal representative named in the will may petition the court having jurisdiction of the administration of the decedent's estate:(1) to have the will of such decedent, whether the same is written or is unwritten, is in his possession or not, is lost, destroyed, or without the state, probated;(2) for the issuance of letters testamentary to the executor named in said will for the administration of said estate;(3) for the appointment of an administrator with the will annexed if no executor is designated in said will or if the person so designated is not qualified, dead, or refuses to serve; or(4) for the appointment of an administrator for the estate of any person dying intestate.(b) A petition for probate may be combined with a petition for the issuance of letters testamentary, or as administrator with the will annexed, and a person interested in the probate of a will and in the administration of the estate may petition for both.(c) No notice that a will is to be offered for probate or that it has been probated shall be required.(d) No notice of the filing of, and hearing on, the petition described in this section shall be given to or served upon any person. If the petition described herein is filed in term time, it shall be heard forthwith by the court, and if filed in vacation, it shall be heard by the judge of said court if present, or in his absence by the clerk of the said court.(e) If:(1) an interested person petitions for the appointment of an administrator for the estate of a person dying intestate; and(2) a petition to dissolve the marriage of the decedent and the decedent's spouse is pending in an Indiana court or the court of another state at the time of the decedent's death;the court may not appoint the decedent's spouse to be the administrator of the decedent's estate.(f) Subsection (e) does not apply to a petition for appointment of an administrator for the estate of a person dying intestate if the application of subsection (e) is waived in an agreement signed by each person, except a person who is incapacitated or a minor, who is eligible for a distribution from the decedent's net estate under IC 29-1-2-1. A waiver may be submitted to the court at any time before the appointment of an administrator.Formerly: Acts 1953, c.112, s.704. As amended by P.L.182-1999, SEC.1.
IN Code § 29-1-7-4.5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 7. Probate and Grant of Administration|29-1-7-4.5. Notice of Delivery to Consenting Parties or to Parties Waiving Notice of Proceedings in the Estate

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.
IN Code § 29-1-7-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 7. Probate and Grant of Administration|29-1-7-5. Petition for Probate; Letters Testamentary; Administrator With Will Annexed; Appointment of Administrator

Sec. 5. A petition for the probate of a will and for the issuance of letters testamentary or for the appointment of an administrator with the will annexed, or for the appointment of an administrator, shall state:(1) the name, domicile, and date of the death of the decedent, and whether the decedent is an adult or a minor;(2) the name, and place of residence of each heir, and whether the heir is an adult or a minor, in the event the decedent left no will; and the name, and place of residence of each legatee and devisee, and whether each legatee and devisee is an adult or a minor, in the event the decedent left a will, so far as such are known or can with reasonable diligence be ascertained by the personal representative;(3) whether the person named in subdivision (1) died testate or intestate;(4) if the decedent was not domiciled in the state at the time of death, a description of the property to be administered which is within the county in which the petition is filed;(5) if the will sought to be probated is unwritten, lost, or was improperly destroyed or suppressed, a detailed statement of the provisions of said will so far as known;(6) the name and place of residence or business address of the person, if any, designated as executor of the will;(7) if the petition be for the appointment of an administrator with the will annexed, or of an administrator, the name and place of residence or business address of the person to be so appointed, together with a statement of the person's relationship to the decedent, and such other facts, if any, which entitle such person to be so appointed;(8) the name and business address of the attorney who is to represent the personal representative; and(9) if the person named in subdivision (1) died intestate, whether a petition to dissolve the marriage of the decedent and the decedent's spouse is pending in an Indiana court or the court of another state at the time of the decedent's death.Formerly: Acts 1953, c.112, s.705; Acts 1955, c.258, s.3. As amended by Acts 1976, P.L.125, SEC.1; P.L.182-1999, SEC.2; P.L.238-2005, SEC.10.
IN Code § 29-1-7-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 7. Probate and Grant of Administration|29-1-7-6. Notice of Hearing; Request; Provision of Relevant Materials by Personal Representative

Sec. 6. (a) At any time after the issuance of letters, any person interested in the estate may serve upon the personal representative, or upon his attorney, and file with the clerk of the court where the proceedings are pending with a written admission or proof of such service, a written request, stating that he desires written notice by ordinary mail of the time and place of all hearings on the settlement of accounts, on final distribution, and on any other matters for which any notice is required by law, by rule of court, or by an order in the particular case. The applicant for such notice must include in his written request his post office address or that of his attorney. Unless the court otherwise directs, upon filing such request such person shall be entitled to notice of all hearings for which any notice is required as aforesaid, or of such of those hearings as he designates in his request.(b) Upon petition by an interested person, the court having jurisdiction over the estate may, in its discretion, under such terms and conditions as the court considers appropriate, order the personal representative to provide that interested person with relevant materials specified in the court's order.Formerly: Acts 1953, c.112, s.706. As amended by Acts 1979, P.L.268, SEC.2.