reglab/housing_qa huggingface dataset:
IN Code § 29-1-8-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 8. Dispensing With Administration|29-1-8-4. Closing of Estate; Statement

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 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, and fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2006;(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 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 fiduciary may immediately disburse and distribute the estate free from claims to the persons entitled to the disbursement and distribution. After disbursing and distributing an estate, the fiduciary must file a report in the court of the disbursement and distribution. The appointment of the personal representative or the duties of the fiduciary, as applicable, shall terminate upon the filing of the report.(d) A closing statement filed under this section has the same effect as one (1) filed under IC 29-1-7.5-4.(e) 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.
IN Code § 29-1-8-4.5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 8. Dispensing With Administration|29-1-8-4.5. Affidavit of Entitlement to Property; Enforcement Action; Remedies

Sec. 4.5. (a) A distributee entitled to payment or delivery of the property belonging to the decedent or someone acting on a distributee's behalf may present to the court having jurisdiction over the decedent's estate an affidavit containing a statement of the conditions required under section 1(b) of this chapter. Upon receipt of the affidavit, the court may, without notice and hearing, enter an order that the distributees identified in the affidavit are entitled to payment or delivery of the property.(b) A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action under subsection (a) if the person indebted to the decedent or holding property of the decedent, other than an insurer regulated under IC 27:(1) acted in bad faith in refusing to pay or deliver the property belonging to the decedent; or(2) refused to respond within thirty (30) business days after receiving an affidavit from the person bringing an action under this section, if the affidavit is consistent with section 1 of this chapter.(c) A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action under subsection (a) against an insurer regulated under IC 27 if:(1) the insurer failed to respond pursuant to IC 27 after receiving an affidavit from the person; and(2) the affidavit is consistent with section 1 of this chapter.As added by Acts 1978, P.L.132, SEC.6. Amended by P.L.61-2006, SEC.5; P.L.51-2014, SEC.4.
IN Code § 29-1-8-8 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 8. Dispensing With Administration|29-1-8-8. Payment of Claims; Accounting; Closing Administration

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.
IN Code § 29-1-8-9 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 8. Dispensing With Administration|29-1-8-9. Prepaid Funeral Expenses; Last Illness Expense

Sec. 9. This article shall not be construed to prevent the application by any person, association or corporation of all or any portion of any obligation owed to a decedent's estate and designed, intended or created for the purpose of paying the funeral expenses or expenses of the last illness of the deceased from directly applying the proceeds of such obligation for such purpose. The payment of such expenses by the obligor or person holding such funds shall be a complete defense to the extent of such payment to the demand of any person on behalf of such estate or any other claimant.Formerly: Acts 1953, c.112, s.809. As amended by Acts 1982, P.L.171, SEC.26.
IN Code § 29-1-8-10 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 8. Dispensing With Administration|29-1-8-10. Nonprobate Transfer by a Transferee That Is a Testamentary Trust Established in a Will; Application

Sec. 10. (a) This section applies only to a nonprobate transfer (as defined in IC 32-17-13-1) by a transferee that is a testamentary trust established in a will that is admitted to probate under this article.(b) All of the following apply to a nonprobate transfer described in subsection (a):(1) The nonprobate transfer is considered effective upon the decedent's death, if the decedent's will is admitted to probate, regardless of when the will is admitted to probate.(2) The nonprobate transfer:(A) does not constitute part of the estate (as defined in IC 29-1-1-3); and(B) is not subject to claims other than as provided in IC 32-17-13.(3) The nonprobate transfer is not considered the decedent's transfer to the testamentary trust by the decedent's will for all other purposes of the Indiana Code.As added by P.L.81-2015, SEC.16.
IN Code § 29-1-9-0.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 9. Adjudicated Compromise of Controversies|29-1-9-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.As added by P.L.220-2011, SEC.475.
IN Code § 29-1-9-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 9. Adjudicated Compromise of Controversies|29-1-9-1. Persons Represented; Creditors; Taxing Authorities

Sec. 1. The compromise of any contest or controversy as to:(a) admission to probate of any instrument offered as the last will of any decedent,(b) the construction, validity or effect of any such instrument,(c) the rights or interests in the estate of the decedent of any person, whether claiming under a will or as heir,(d) the rights or interests of any beneficiary of any testamentary trust, or(e) the administration of the estate of any decedent or of any testamentary trust,whether or not there is or may be any person interested who is a minor or otherwise without legal capacity to act in person or whose present existence or whereabouts cannot be ascertained, or whether or not there is any inalienable estate or future contingent interest which may be affected by such compromise, shall, if made in accordance with the provisions of this article, be lawful and binding upon all the parties thereto, whether born or unborn, ascertained or unascertained, including such as are represented by trustees, guardians of estates and guardians ad litem; but no such compromise shall in any way impair the rights of creditors or of taxing authorities.Formerly: Acts 1953, c.112, s.901. As amended by Acts 1982, P.L.171, SEC.27.
IN Code § 29-1-9-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 9. Adjudicated Compromise of Controversies|29-1-9-2. Terms of Agreement; Execution; Guardian Ad Litem

Sec. 2. (a) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons having interests or claims which will or may be affected by the compromise, except those who may be living but whose present existence or whereabouts is unknown and cannot after diligent search be ascertained.(b) Any interested person may then submit the agreement to the court for its approval and for the purpose of directing the agreement's execution by the personal representative of the estate, by the trustees of every testamentary trust which will be affected by the compromise, and by the guardians of the estates of minors, of incapacitated persons, of unborn and unascertained persons, and of persons whose present existence or whereabouts is unknown and cannot after diligent search be ascertained, who might be affected by the compromise.(c) IC 29-1-1-20 applies if there is any person who, if living, has an interest which may be affected by the compromise, but whose present existence or whereabouts cannot after diligent search be ascertained, or who is a minor or incapacitated and has no guardian of the estate, or if there is any future contingent interest which might be taken by any person not then in being and which might be affected by the compromise.Formerly: Acts 1953, c.112, s.902. As amended by P.L.33-1989, SEC.38; P.L.118-1997, SEC.18.
IN Code § 29-1-9-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 9. Adjudicated Compromise of Controversies|29-1-9-3. Notice; Order Approving Agreement

Sec. 3. Upon due notice, in the manner directed by the court, to all interested persons in being, or to their guardians, and to the guardians of all unborn persons who may take contingent interests by the compromise, and to the personal representative of the estate and to all trustees of testamentary trusts which would be affected by the compromise, the court shall, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries is just and reasonable, make an order approving the agreement and directing the fiduciaries and guardians ad litem to execute such agreement. Upon the making of such order and the execution of the agreement, all further disposition of the estate shall be in accordance with the terms of the agreement.Formerly: Acts 1953, c.112, s.903.
IN Code § 29-1-10-0.1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-0.1. 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.476.
IN Code § 29-1-10-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-2. Letters; Renouncing Right

Sec. 2. Any person entitled to letters testamentary or to general letters of administration may renounce his right thereto in writing, which renunciation shall be filed with the clerk.Formerly: Acts 1953, c.112, s.1002.
IN Code § 29-1-10-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-3. Letters; Issuance; Conditions

Sec. 3. Letters testamentary, of administration, of administration with the will annexed, de bonis non, and all other letters special or otherwise, shall be issued to the person entitled to receive the same when:(a) Said person, if an individual, has taken and subscribed before the clerk or any other officer authorized to administer oaths, an oath or affirmation that he will faithfully discharge the duties of his trust according to law and has given such bond as may be required and the bond has been approved by the court.(b) Some officer of the corporation, if the person is a corporation, has taken and subscribed before the clerk or any other officer authorized to administer oaths, an oath or affirmation that said bank or trust company will faithfully discharge the duties of its trust according to law, has filed an acceptance of the appointment, duly executed and acknowledged by one (1) of its officers and, if a bond is required to be filed by it, shall have filed such bond as may be required and the bond shall have been approved by the court. The oath and, if a bank or trust company, also the acceptance shall be filed and recorded as a part of the proceedings of the estate.Formerly: Acts 1953, c.112, s.1003; Acts 1971, P.L.407, SEC.1.
IN Code § 29-1-10-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-4. Letters; Evidence of Authority

Sec. 4. Letters issued to a personal representative, attested by the clerk, and under the seal of the court issuing them, shall be conclusive evidence of the authority of the person to whom they are issued until superseded or revoked, and shall extend to all the estate, personal and real, of the decedent within the state. The record of such letters and duly certified transcripts thereof, may be given in evidence with like effect as the originals.Formerly: Acts 1953, c.112, s.1004.
IN Code § 29-1-10-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-5. Actions or Proceedings; Evidence of Authority

Sec. 5. In any action or proceeding brought by the personal representative in such representative capacity, it shall not be necessary for him to make profert of his letters, nor shall his right to sue as such personal representative be questioned, unless the opposite party shall file a plea denying such right, with his affidavit to the truth thereof thereunto attached, in which case a copy of the letters issued to such personal representative, duly authenticated, shall be all the evidence necessary to establish such right.Formerly: Acts 1953, c.112, s.1005.
IN Code § 29-1-10-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-6. Removal of Personal Representatives for Reasons Other Than a Change in Control of a Corporate Fiduciary

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.
IN Code § 29-1-10-6.5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-6.5. Removal of Personal Representative Following a Change in Control of a Corporate Fiduciary

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.
IN Code § 29-1-10-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-7. Successor Representatives; Appointment

Sec. 7. When a personal representative dies, is removed by the court, or resigns and such resignation is accepted by the court, the court may, and if he was the sole or last surviving personal representative and administration is not completed, the court shall appoint another personal representative in his place.Formerly: Acts 1953, c.112, s.1007.
IN Code § 29-1-10-8 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-8. Successor Representatives; Rights and Powers

Sec. 8. When a successor personal representative or an administrator with the will annexed is appointed, the person shall have all the rights and powers of the person's predecessor or of the executor designated in the will, except that the person shall not exercise powers given in the will which by its terms are personal to the executor designated in the will.Formerly: Acts 1953, c.112, s.1008. As amended by P.L.136-2018, SEC.216.
IN Code § 29-1-10-9 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-9. Joint Representatives; Powers; Survivor

Sec. 9. Every power exercisable by joint personal representative may be exercised by the survivor of them when one is dead or by the other when one appointment is terminated by order of the court, unless the power is given in the will and its terms otherwise provide as to the exercise of such power.Formerly: Acts 1953, c.112, s.1009.
IN Code § 29-1-10-10 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-10. Joint Representatives; Powers

Sec. 10. Where there are two (2) or more personal representatives, the following powers can be exercised, except as otherwise provided in section 11 of this chapter, only by all of them:(a) the institution of a suit on behalf of the estate;(b) the employment of an attorney;(c) the carrying on the business of the deceased;(d) the voting of corporate shares of the estate;(e) the exercise of those powers given by the will which, by the terms of the will, are to be exercised only by all of the personal representatives, or by all the survivors of them.All other powers can be exercised by any one of the personal representatives, unless the will otherwise provides.Formerly: Acts 1953, c.112, s.1010. As amended by Acts 1982, P.L.171, SEC.29.
IN Code § 29-1-10-11 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-11. Joint Representatives; Powers; Voting Shares of Stock

Sec. 11. (a) Where powers possessed by two (2) or more personal representatives are to be exercised by them jointly, the will of the majority shall control the manner in which such power shall be exercised unless the will otherwise provides.Where the personal representatives, or a majority of them, cannot agree, or where they are equally divided upon the manner in which such power shall be exercised, other than in the voting of shares of stock, the court shall, upon petition filed by any of such personal representatives or by any party in interest, direct the manner in which such power shall be exercised, and such power shall be exercised only in accordance with such direction.(b) Shares of stock held by personal representatives may be voted by the personal representatives in such manner as the instrument or order appointing such personal representatives may direct. In the absence of such direction or the inability of the personal representatives to act in accordance therewith, the following provisions shall apply:(1) Where shares of stock are held jointly by two (2) or more personal representatives, such shares shall be voted in accordance with the will of the majority.(2) Where the personal representatives or a majority of them cannot agree, or where they are equally divided upon the question of voting such shares of stock, the court shall, upon petition filed by any of such personal representatives or by any party in interest, direct the voting of such shares as it may deem for the best interest of the beneficiaries, and such shares shall be voted in accordance with such direction.Formerly: Acts 1953, c.112, s.1011.
IN Code § 29-1-10-12 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-12. Voting Corporate Shares

Sec. 12. The personal representative may vote shares of corporate stock in person, or by proxy, discretionary or otherwise and with or without right of substitution and revocation.Formerly: Acts 1953, c.112, s.1012.