reglab/housing_qa huggingface dataset:
IN Code § 29-1-10-12.5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-12.5. Protection of Persons Dealing in Good Faith

Sec. 12.5. A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. No provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is in addition to that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.As added by Acts 1977, P.L.297, SEC.3.
IN Code § 29-1-10-13 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-13. Compensation; Attorney's Services

Sec. 13. If a testator by will makes provision for the compensation of his personal representative, that shall be taken as his full compensation unless he files in the court a written instrument renouncing all claims for the compensation provided by the will before qualifying as personal representative. The personal representative, when no compensation is provided in the will, or when he renounces all claim to the compensation provided in the will, shall be allowed such compensation for his services as the court shall deem just and reasonable. Additional compensation may be allowed for his services as attorney and for other services not required of a personal representative. An attorney performing services for the estate at the instance of the personal representative shall have such compensation therefor out of the estate as the court shall deem just and reasonable. Such compensation may be allowed at the final settlement; but at any time during administration a personal representative or his attorney may apply to the court for an allowance upon the compensation of the personal representative and upon attorney's fees.Formerly: Acts 1953, c.112, s.1013.
IN Code § 29-1-10-14 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-14. Actions on Probate; Expenses and Attorney's Fees

Sec. 14. (a) As used in this section, "devisee" shall include any person prosecuting or defending any will under IC 29-1-7-16 or IC 29-1-7-17.5 and, if multiple wills are being challenged under IC 29-1-7-17.5, any person prosecuting or defending a will next prior to the earliest will being challenged under IC 29-1-7-17.5.(b) When any person designated as executor in a will, or the administrator with the will annexed, or if at any time there be no such representative, then any devisee therein, defends it or prosecutes any proceedings in good faith and with just cause for the purpose of having it admitted to probate, whether successful or not, the devisee shall be allowed out of the estate the devisee's necessary expenses and disbursements including reasonable attorney's fees in such proceedings.Formerly: Acts 1953, c.112, s.1014. As amended by P.L.231-2019, SEC.16.
IN Code § 29-1-10-15 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-15. Special Administrator; Appointment; Appeal of Order

Sec. 15. A special administrator may be appointed by the court if:(a) from any cause delay is necessarily occasioned in granting letters, or(b) before the expiration of the time allowed by law for issuing letters, any competent person shall file his affidavit with the clerk that anyone is intermeddling with the estate or that there is no one having authority to take care of the same, or(c) if any person shall have died testate and objections to the probate of his will shall have been filed as provided by law.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 him from being appointed special administrator of such decedent's estate or any portion thereof.The special administrator shall make such reports as the court shall direct, and shall account to the court upon the termination of his 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.
IN Code § 29-1-10-16 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-16. Pending Will Contest; Administration of Estate

Sec. 16. Prior to the adjudication of a pending will contest any general personal representative or any special administrator, within the limits of his authority, shall proceed to administer the estate pursuant to the law respecting intestate estates, so far as the same may be done consistent with the terms of any such will.Formerly: Acts 1953, c.112, s.1016.
IN Code § 29-1-10-17 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-17. Damages for Wrongful Death

Sec. 17. An administrator collecting damages for personal injury resulting in the death of any decedent, may, at any time, file in the court where he was appointed his final report with respect to such proceeds, and the same may be approved by the court, and it shall not be necessary to publish any notice of the final settlement of such estate unless the same is ordered by the court. In the event that said administrator was appointed for the sole purpose of collecting such damages it shall not be necessary to publish any notice of the issuance of letters of administration.Formerly: Acts 1953, c.112, s.1017.
IN Code § 29-1-10-18 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-18. Wrongful Death; Nonresident; Appointment of Administrator

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.
IN Code § 29-1-10-19 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-19. Termination of Authority; Validity of Prior Acts

Sec. 19. All acts of personal representatives whose authority shall subsequently be terminated because an estate found to be intestate is later found to be testate, or vice versa, because of a revocation of letters, or for any other cause, which acts were lawful when performed, according to the authority under which such personal representative was acting, shall be valid insofar as concerns the rights and liabilities of a purchaser, lessee, or encumbrancer, for value in good faith or a personal representative who has acted in good faith. No person delivering or transferring property to a personal representative or to any other person by authority of the letters issued to such personal representative or upon court order or pursuant to a will under which such a personal representative is acting, shall be held accountable by virtue of such acts performed prior to such termination of authority if such acts were lawful in accordance with the apparent authority of such letters, court order or will.Formerly: Acts 1953, c.112, s.1019.
IN Code § 29-1-10-20 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|29-1-10-20. Duties of an Estate Lawyer

Sec. 20. (a) As used in this section, "estate lawyer" refers to a lawyer performing services for an estate at the request of the estate's personal representative.(b) Except as otherwise provided in a written agreement between the estate lawyer and an interested person, an estate lawyer:(1) represents and owes a duty only to the personal representative;(2) does not have a duty to collect, possess, manage, maintain, monitor, or account for estate assets, unless otherwise required by a specific order of the court; and(3) is not liable for any loss suffered by the estate, except to the extent the loss was caused by the estate lawyer's breach of a duty owed to the personal representative.(c) If a provision of a court's local probate rule conflicts with this section, this section controls.As added by P.L.99-2013, SEC.3.
IN Code § 29-1-10-21 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 10. Personal Representatives|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

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.
IN Code § 29-1-11-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-1. Conditions Requiring Execution and Filing

Sec. 1. A personal representative is not required to execute and file a bond relating to the duties of his office unless:(1) the will provides for the execution and filing of such a bond; or(2) the court finds, on its own motion or on petition by an interested person, that a bond is necessary to protect creditors, heirs, legatees, or devisees.Formerly: Acts 1953, c.112, s.1101; Acts 1971, P.L.408, SEC.1; Acts 1975, P.L.288, SEC.17.
IN Code § 29-1-11-2 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-2. Deposit of Money or Assets; Withdrawal

Sec. 2. It shall be lawful for the personal representative to agree with his surety for the deposit of any or all money and other assets of the estate with a bank, safe deposit or trust company, authorized by law to do business as such, or other depository approved by the court, if such deposit is otherwise proper, in such manner as to prevent the withdrawal of such moneys or other assets without the written consent of the surety, or on order of the court made on such notice to the surety as the court may direct.Formerly: Acts 1953, c.112, s.1102.
IN Code § 29-1-11-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-3. Run to State; Joint and Several Liability; Conflict of Laws

Sec. 3. The bond of the personal representative shall run to the state of Indiana to the use of all persons for whose benefit it was given under the provision of this article and shall be for the security and benefit of such persons. The sureties shall be jointly and severally liable with the personal representative and with each other. The provisions of this section shall not change the rights of the sureties under other statutes or under the law.Formerly: Acts 1953, c.112, s.1103. As amended by Acts 1982, P.L.171, SEC.31.
IN Code § 29-1-11-4 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-4. Joint Representatives; Personal Representative as Surety

Sec. 4. When two (2) or more persons are appointed personal representatives of the same estate and are required by the provisions of this article to give a bond, the court may require either a separate bond from each or one (1) bond from all of them. No personal representative shall be deemed a surety for another personal representative unless the terms of the bond so provide.Formerly: Acts 1953, c.112, s.1104. As amended by Acts 1982, P.L.171, SEC.32.
IN Code § 29-1-11-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-5. Affidavit of Surety; Value of Property

Sec. 5. Each personal surety shall execute and file with the court an affidavit that he owns real property, subject to execution, of a value over and above his liabilities, equal to the amount of the bond, and shall include in such affidavit the total amount of his obligations as surety on other official or statutory bonds.If the amount of the bond exceeds $1,000, the affidavit shall also state:(a) An adequate description of the real property within this state offered by him as security.(b) The total amount of the liens, unpaid taxes, other bonds executed and other encumbrances on the property so offered by him as security.(c) The assessed and market value of such property and the value of the surety's equity over and above all encumbrances, liens, and unpaid taxes.(d) That the equity in such property so offered is equal to the amount of the bond.The only provision of this section which shall apply in counties in this state having a population of less than fifty thousand (50,000) according to the last preceding United States census, is the provision that each personal surety shall execute and file with the court an affidavit that he owns real property, subject to execution, of a value over and above his liabilities, including contingent liabilities equal to the amount of the bond.Formerly: Acts 1953, c.112, s.1105.
IN Code § 29-1-11-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-6. Sufficiency; Value of Assets; Evidence of Title

Sec. 6. No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved as required by law, and the approval endorsed thereon in writing. Before giving approval the court, judge, commissioner, or clerk may require evidence as to the value and character of the assets of personal sureties, including an abstract, certificate or other satisfactory evidence of title of every tract of real property which is offered as security. In the event that the bond is not approved, the personal representative shall, within such time as may be directed, secure a bond with satisfactory surety or sureties.Formerly: Acts 1953, c.112, s.1106.
IN Code § 29-1-11-7 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-7. Failure to Give Bond; Successor; Revocation of Letters

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.
IN Code § 29-1-11-9 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-9. New Bond; Release of Surety; Accounting

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.
IN Code § 29-1-11-10 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-10. Breach of Obligation; Damages; Intervention

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.
IN Code § 29-1-11-11 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 11. Bond of Personal Representative|29-1-11-11. Validity; Bound to Full Extent; Action on Defective Bond

Sec. 11. No surety bond entered into under the provisions of this article shall be void for want of form or substance or recital or condition nor the principal or surety be discharged, but the principal and surety shall be bound by such bond to the full extent contemplated by the law requiring the same and the sureties to the amount specified in the bond. In all actions on a defective bond the plaintiff or relator may suggest the defect in his complaint and recover to the same extent as if such bond complied with the law requiring the same.Formerly: Acts 1953, c.112, s.1111. As amended by Acts 1982, P.L.171, SEC.33.
IN Code § 29-1-12-1 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 12. Inventory|29-1-12-1. Classification of Properties; Appraisers; Copies of Inventories to Interested Persons

Sec. 1. (a) Within two (2) months after the appointment of a personal representative, unless a longer time is granted by the court, the personal representative shall prepare a verified inventory of the decedent's probate estate. The verified inventory must:(1) consist of at least one (1) written instrument;(2) indicate the fair market value of each item of property; and(3) include a statement of all known liens and other charges on any item.(b) Property listed in the inventory required by subsection (a) must be classified as follows:(1) Real property, with plat or survey description, and if a homestead, designated as a homestead.(2) Furniture and household goods.(3) Emblements and annual crops raised by labor.(4) Corporate stocks including the class, the par value or that it has no par value, if preferred stock the dividend rate.(5) Mortgages, bonds, notes or other written evidences of debt or of ownership described by name of debtor, recording data, and other identification.(6) Bank accounts, money, and insurance policies if payable to the estate of the decedent or to the decedent's personal representative.(7) All other personal property accurately identified, including the decedent's proportionate share in any partnership, but no inventory of the partnership property shall be required.(c) The personal representative may employ a disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser must be indicated on the inventory with the item or items appraised by the appraiser.(d) The personal representative shall furnish a copy of the inventory, or any supplement or amendment to it, to interested persons who request it, unless the personal representative has filed the original of the inventory, or any supplement or amendment to it, with the court.Formerly: Acts 1953, c.112, s.1201; Acts 1971, P.L.409, SEC.1; Acts 1975, P.L.288, SEC.18. As amended by P.L.99-2013, SEC.5.
IN Code § 29-1-12-3 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 12. Inventory|29-1-12-3. Distant Places or Types of Property; Separate Inventory and Appraisement

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.
IN Code § 29-1-12-5 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 12. Inventory|29-1-12-5. Right of Action Against Executor; Insolvent Personal Representative

Sec. 5. The naming of any person as executor in a will shall not operate as a discharge or bequest of any right of action which the testator had against such executor, but such right of action, if it survives, shall be included among the assets of the decedent in the inventory. If the personal representative is or becomes insolvent, debts owed by him to the decedent shall not be deemed assets in his hands in determining the liability on his bond.Formerly: Acts 1953, c.112, s.1205.
IN Code § 29-1-12-6 (2021)
2021 Indiana Code|Title 29. Probate|Article 1. Probate Code|Chapter 12. Inventory|29-1-12-6. Evidence

Sec. 6. Inventories and appraisements may be given in evidence in all proceedings, but shall not be conclusive, and other evidence may be introduced to vary the effect thereof.Formerly: Acts 1953, c.112, s.1206.