reglab/housing_qa huggingface dataset:
IN Code § 29-1-21-17 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 21. Electronic Wills|29-1-21-17. "Other Electronic Will"; "Rejected Will"; Probate of Other Electronic Will or Rejected Will

Sec. 17. (a) This section shall apply to the situation created by:(1) the rejection of a petition to probate a deceased testator's electronic or traditional paper will; or(2) the revocation of a deceased testator's electronic will due to the timely filing of a will contest as described in IC 29-1-7-17.(b) The following terms are defined for this section:(1) "Other electronic will" means:(A) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that preceded the date of execution seen in the rejected will; or(B) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that followed the date of execution seen on the rejected will;where the petitioner or proponent for the electronic will is not aware of any other paper will or electronic will executed by the testator at a date later than the date of the testator's purposed execution of the other electronic will.(2) "Rejected will" means a will that is rejected for a reason described in subsection (a).(c) On or before the end of the time period specified in IC 29-1-7-15.1(g)(2) or IC 29-1-7-15.1(g)(3), any interested person may file a petition requesting probate of another electronic will associated with the testator. A complete converted copy of the other electronic will and an affidavit of regularity must accompany any petition filed under this subsection. The complete converted copy of another electronic will is prima facie evidence of:(1) the substance of the other electronic will; and(2) the proper execution of the other electronic will.(d) Section 16 of this chapter shall apply to any proceeding concerning the probate of another electronic will of a deceased testator. In the absence of:(1) clear and convincing evidence; and(2) written evidence;of the testator's contrary intentions, the court shall presume that the deceased testator would have preferred the probate and enforcement of the testator's other electronic will to intestacy.As added by P.L.40-2018, SEC.2. Amended by P.L.231-2019, SEC.19.
IN Code § 29-1-21-18 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 21. Electronic Wills|29-1-21-18. "Digital Asset"; "Electronic Communication"; "Custodian"; "Users"; "Transaction"

Sec. 18. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39:(1) the electronic record for an electronic will is a "digital asset" as that term is defined in IC 32-39-1-10;(2) the electronic record for an electronic will is not an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;(3) the digital or electronic transfer or transmission of the electronic record for an electronic will between any two (2) persons other than the testator and the testator's attorney is an electronic communication as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;(4) a custodian (as defined in section 3(3) of this chapter) of an electronic will is a "custodian" as defined in IC 32-39-1-8; and(5) the following individuals are "users" for purposes of IC 32-39 if the testator, attorney, or other authorized person contracts with another person to store the electronic record for the electronic will:(A) The testator of an electronic will.(B) The attorney representing the testator.(C) Any other person with authorized possession of or authorized access to the electronic record for the electronic will.(b) The execution or revocation of an electronic will is not a contract or a "transaction in or affecting interstate or foreign commerce" for purposes of the federal E-SIGN Act, 15 U.S.C. 7001.(c) The execution or revocation of an electronic will is not a contract or "transaction" for purposes of IC 26-2-8 and the exclusion stated in IC 26-2-8-103(b)(1) continues in effect with respect to electronic wills and codicils.As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.13.
IN Code § 29-2-1-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-1. Definitions

Sec. 1. As used in this chapter:(1) "local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in article 1 of this title.(2) "local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in article 1 of this title and excludes foreign personal representatives who acquire the power of a local personal representative under section 6.(3) "resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a non-resident decedent.(4) "non-resident decedent" means a decedent not domiciled in Indiana at his death.(5) "foreign personal representative" means a personal representative appointed in a jurisdiction other than Indiana to administer a non-resident decedenths estate.(6) "domiciliary foreign personal representative" means a foreign personal representative appointed in the jurisdiction where the decedent was domiciled at the time of his death.Formerly: Acts 1881(ss), c.45, s.1; Acts 1975, P.L.288, SEC.39.
IN Code § 29-2-1-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-2. Indebtedness to Non-Resident Decedent; Payments to Domiciliary Foreign Personal Representative

Sec. 2. At any time after the expiration of forty-five (45) days from the death of a non-resident decedent, any person indebted to the estate of the non-resident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the non-resident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the non-resident decedent upon being presented with proof of the representative's appointment and an affidavit made by or on behalf of the representative stating:(1) the date of the death of the non-resident decedent;(2) that no local administration, or application or petition therefor, is pending in this state; and(3) that the domiciliary foreign personal representative is entitled to payment or delivery.Formerly: Acts 1881(ss), c.45, s.15; Acts 1975, P.L.288, SEC.40. As amended by P.L.137-2021, SEC.9.
IN Code § 29-2-1-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-3. Payments to Domiciliary Foreign Personal Representative; Release of Debtor

Sec. 3. Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.Formerly: Acts 1881(ss), c.45, s.72; Acts 1975, P.L.288, SEC.41.
IN Code § 29-2-1-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-4. Payments to Domiciliary Foreign Personal Representative; Notice by Resident Creditor to Debtor as Bar

Sec. 4. Payment of delivery under section 2 of this chapter may not be made if a resident creditor of the non-resident decedent has notified the debtor of the non-resident decedent or the person having possession of the personal property belonging to the non-resident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.Formerly: Acts 1881(ss), c.45, s.73; Acts 1975, P.L.288, SEC.42.
IN Code § 29-2-1-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-5. Domiciliary Foreign Personal Representative; Filing Copies of Appointment and Bond

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.
IN Code § 29-2-1-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-6. Domiciliary Foreign Personal Representative; Powers

Sec. 6. A domiciliary foreign personal representative who has complied with section 5 may exercise as to assets in this state all powers of a local unsupervised personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon non-resident parties generally.Formerly: Acts 1881(ss), c.45, s.138; Acts 1959, c.246, s.1; Acts 1971, P.L.414, SEC.1; Acts 1975, P.L.288, SEC.44. As amended by P.L.36-2011, SEC.5.
IN Code § 29-2-1-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-7. Domiciliary Foreign Personal Representative; Limitation of Powers by Local Personal Representative

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.
IN Code § 29-2-1-8 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-8. Non-Resident Decedents; Proceedings; Application of Law

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.
IN Code § 29-2-1-9 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-9. Foreign Personal Representative; Submission to Jurisdiction of State Court

Sec. 9. A foreign personal representative submits himself to the jurisdiction of the courts of this state by (a) filing authenticated copies of his appointment as provided in section 5 of this chapter, (b) receiving payment of money or taking delivery of personal property under section 2 of this chapter, or (c) doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual. Jurisdiction under (b) is limited to the money or value of personal property collected.Formerly: Acts 1975, P.L.288, SEC.47.
IN Code § 29-2-1-10 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-10. Foreign Personal Representative; Subjection to Decedent Jurisdiction

Sec. 10. In addition to jurisdiction conferred by section 9 of this chapter, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.Formerly: Acts 1975, P.L.288, SEC.48.
IN Code § 29-2-1-11 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-11. Service of Process on Foreign Personal Representative

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.
IN Code § 29-2-1-12 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills|29-2-1-12. Adjudications Binding on Personal Representative

Sec. 12. An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.Formerly: Acts 1975, P.L.288, SEC.50.
IN Code § 29-2-2-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 2. Probate Commissioners|29-2-2-1. Appointment; Salary

Sec. 1. (a) In all counties of this state containing a voting population of over seven thousand (7,000), as shown by the vote cast for secretary of state at the last preceding election, the judge of the circuit court of each of said counties, when he shall find:(1) that the probate business of his court requires it;(2) that the interests of heirs under the age of eighteen (18) years and other beneficiaries of estates, guardianships, receiverships, and other trusts pending in said court will be protected and subserved thereby; and(3) that the same is demanded for the proper protection of such interests;shall cause such finding to be entered of record, and thereupon shall appoint some competent person as probate commissioner of such court.(b) In such finding and order of appointment, on proof first heard in open court, the judge shall fix and specify the annual salary of such commissioner and the time of payment thereof and shall thereupon cause to be certified to the auditor of such county a copy of such finding and order, which shall be sufficient authority for said auditor to draw his warrant for the payment thereof at the times and in the amounts in said record set forth.Formerly: Acts 1891, c.137, s.1; Acts 1897, c.164, s.1; Acts 1911, c.269, s.1; Acts 1973, P.L.287, SEC.12. As amended by P.L.285-1987, SEC.1.
IN Code § 29-2-2-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 2. Probate Commissioners|29-2-2-2. Oath of Office; Fees and Compensation

Sec. 2. Said commissioner shall take and subscribe an oath for the faithful discharge of his duties, and shall hold his office for the term of four (4) years, subject to the provisions of this chapter, and for his services as such commissioner shall receive or be allowed no fees, emoluments or compensation whatever other than the salary fixed by said court and required to be paid out of the treasury of said county as aforesaid, and which salary shall not be increased during his said term of office.Formerly: Acts 1891, c.137, s.2. As amended by Acts 1982, P.L.171, SEC.69.
IN Code § 29-2-2-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 2. Probate Commissioners|29-2-2-3. Oaths; Acknowledgments; Removal From Office

Sec. 3. Said commissioner shall have power to administer oaths, take acknowledgments and do all other acts legally pertaining to said office and necessary to carry into effect the rules or orders of said court, and he may, at any time, be removed by the court for failure to properly discharge the duties of his trust.Formerly: Acts 1891, c.137, s.3.
IN Code § 29-2-2-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 2. Probate Commissioners|29-2-2-4. Duties Defined; Records

Sec. 4. At the time of the appointment of said commissioner, or as soon thereafter as may be practicable, the court shall define the duties of such commissioner and cause a record thereof to be made upon the order-book of said court.Formerly: Acts 1891, c.137, s.4.
IN Code § 29-2-2-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 2. Probate Commissioners|29-2-2-5. Rules for Protection of Trusts; Speedy Transaction of Probate Business

Sec. 5. Such court shall have power to make and enforce all necessary rules for the protection of the several trusts pending therein, and the requiring of delinquent guardians, administrators or other trustees to make reports, give new or additional bonds, or discharge any other duty required of them by law, or the rules of said court, and may vest such commissioner with all necessary power in the premises looking to the protection of such trusts and enforcement of the law and rules of said court in reference thereto, and the proper and speedy transaction of the probate business of such court, as the court, in its discretion, may deem advisable and necessary.Formerly: Acts 1891, c.137, s.5.
IN Code § 29-2-2-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 2. Probate Commissioners|29-2-2-6. Dispensing With Services; Salary

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.
IN Code § 29-2-4-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 4. Duties of Probate Commissioner in Counties With Populations From 30,000 to 150,000|29-2-4-1. Report of Findings; Compensation

Sec. 1. In all counties of this state, having a population of not less than thirty thousand (30,000) nor more than one hundred and fifty thousand (150,000), according to the last preceding United States census, it shall be the duty of the probate commissioner of the circuit court in any county, duly appointed as by law provided, to hear evidence upon and report his finding to the judge of the circuit court of his county, upon all matters, probate, civil and otherwise, which may be referred to such probate commissioner by such judge of the circuit court, and he shall receive no fees or compensation other than his salary, which salary shall be fixed by the judge of said circuit court, after proof heard, during any term of such court, and in such sum as, in the judgment of the judge of such circuit court, may deem proper, the same to be payable out of the treasury of such county.Formerly: Acts 1911, c.42, s.1.
IN Code § 29-2-5-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 5. Administration of Estate of Intestate Absentee|29-2-5-1. Five Years Absence; Presumption of Death

Sec. 1. (a) When any resident of Indiana is absent from the individual's usual place of residence and gone to parts unknown for a period of five (5) years, without having made any sufficient provision for the care and management of the individual's property, real or personal, and the court having probate jurisdiction in the county where the individual last resided or where the property is situated determines that:(1) the individual's property is suffering waste for want of proper care; or(2) the family of the individual is in need of the use and proceeds of the property for support or education (or that the sale of the property, or part thereof, is necessary for the payment of the individual's debts);it shall be presumed and taken by the court that the individual is dead. The court has jurisdiction over the estate of the individual in the same manner and to the same extent as if the individual were dead. The court shall appoint an administrator of the individual's estate, who shall have all of the powers and rights over the estate and be subject to all of the liabilities and duties that appertain to administrators of decedents' estates.(b) Before the court may determine that an individual should be presumed dead, notice to the individual must be published once each week for three (3) consecutive weeks, with the first notice published more than thirty (30) days before the hearing in a newspaper of general circulation in the county where the individual last resided or where the individual's property is located.(c) The will of an individual who is presumed dead under this section is admissible to probate under IC 29-1 and shall be probated as the will of a deceased individual.Formerly: Acts 1859, c.4, s.1; Acts 1861, c.52, s.1; Acts 1911, c.285, s.1. As amended by P.L.263-1989, SEC.2; P.L.4-2003, SEC.6.
IN Code § 29-2-5-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 5. Administration of Estate of Intestate Absentee|29-2-5-2. Discharge of Administrator; Return of Absentee

Sec. 2. Such administrator shall not be discharged on the return and reappearance of such person until discharged by the court, but shall retain his powers and rights and be subject to all his official liabilities and duties until so discharged.Formerly: Acts 1859, c.4, s.2.
IN Code § 29-2-5-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 2. Miscellaneous Provisions|Chapter 5. Administration of Estate of Intestate Absentee|29-2-5-4. Guardians; Appointment

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.