reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-17. Action to Enforce a Written Demand or Instruction From a Personal Representative

Sec. 17. (a) If a person fails to comply with a personal representative's written demand or instruction that is consistent with this article regarding the property of the decedent, the personal representative may bring an enforcement proceeding to compel compliance with the written demand or instruction.
(b) A court may award attorney's fees and costs to the estate in an enforcement proceeding 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 failing to comply with the written demand or instruction; or
(2) refused to respond to the written demand or instruction within thirty (30) business days after receiving the demand or instruction, if the demand or instruction is consistent with this article.
(c) A court may, upon notice and hearing, award attorney's fees and costs to an estate bringing an enforcement proceeding under subsection (a) against an insurer regulated under IC 27 if:
(1) the insurer failed to respond pursuant to IC 27 after receiving a written demand or instruction from the personal representative; and
(2) the written demand or instruction is consistent with this article.
As added by P.L.51-2014, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to sections 2, 13, 17, and 19 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(2) The amendments made to sections 1, 2, 8, 10, 16, 18, 19, and 21 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.477.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-1. Limitations; Filing; Claims Barred or Not; Liens; Tort Claims

Sec. 1. (a) Except as provided in IC 29-1-7-7, all claims against a decedent's estate, other than expenses of administration and claims of the United States, the state, or a subdivision of the state, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract or otherwise, shall be forever barred against the estate, the personal representative, the heirs, devisees, and legatees of the decedent, unless filed with the court in which such estate is being administered within:
(1) three (3) months after the date of the first published notice to creditors; or
(2) three (3) months after the court has revoked probate of a will, in accordance with IC 29-1-7-21, if the claimant was named as a beneficiary in that revoked will;
whichever is later.
(b) No claim shall be allowed which was barred by any statute of limitations at the time of decedent's death.
(c) No claim shall be barred by the statute of limitations which was not barred at the time of the decedent's death, if the claim shall be filed within:
(1) three (3) months after the date of the first published notice to creditors; or
(2) three (3) months after the court has revoked probate of a will, in accordance with IC 29-1-7-21, if the claimant was named as a beneficiary in that revoked will;
whichever is later.
(d) All claims barrable under subsection (a) shall be barred if not filed within nine (9) months after the death of the decedent.
(e) Nothing in this section shall affect or prevent any action or proceeding to enforce any mortgage, pledge, or other lien upon property of the estate.
(f) Nothing in this section shall affect or prevent the enforcement of a claim for injury to person or damage to property arising out of negligence against the estate of a deceased tort feasor within the period of the statute of limitations provided for the tort action. A tort claim against the estate of the tort feasor may be opened or reopened and suit filed against the special representative of the estate within the period of the statute of limitations of the tort. Any recovery against the tort feasor's estate shall not affect any interest in the assets of the estate unless the suit was filed within the time allowed for filing claims against the estate. The rules of pleading and procedure in such cases shall be the same as apply in ordinary civil actions.
Formerly: Acts 1953, c.112, s.1401; Acts 1961, c.287, s.1; Acts 1975, P.L.288, SEC.20. As amended by Acts 1980, P.L.179, SEC.1; P.L.154-1990, SEC.9; P.L.252-2001, SEC.16.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-2. Actions; Definite Statement; Personal Representative Actions; Deductions From Claims

Sec. 2. No action shall be brought by complaint and summons against the personal representative of an estate for the recovery of any claim against the decedent or the decedent's estate, except in the enforcement of claims for injury to person or damage to property arising out of negligence as provided in section 1 of this chapter, but the holder thereof, whether such claim be due or not, shall file a succinct definite statement thereof in the office of the clerk of the court in which the letters were issued. The clerk shall send by United States mail or by personal service an exact copy of such statement to the personal representative of the estate. Any claims of the personal representative against the decedent shall be made out and filed in the office of the clerk of the court in which the letters were issued. If any claim against the decedent is founded upon any written instrument, alleged to have been executed by the decedent, the original or a complete copy thereof, shall be filed with the statement, unless it is lost or destroyed, in which case its loss or destruction must be stated in the claim. The statement shall set forth all credits and deductions to which the estate is entitled and shall be accompanied by the affidavit of the claimant or the claimant's agent or attorney, that the claim, after deducting all credits, set-offs, and deductions to which the estate is entitled, is justly due and wholly unpaid, or if not yet due, when it will or may become due, and no claim shall be received unless accompanied by such affidavit. If the claim is secured by a lien on any real or personal property, such lien shall be particularly set forth in such statement, and a reference given to where the lien, if of record, will be found. If the claim is contingent, the nature of the contingency shall also be stated. No statement of claim need be filed as provided in this section as to those claims which are paid by the personal representative within three (3) months after the date of the first published notice to creditors or the period allowed under IC 29-1-7-7. However, in instances where a cause of action was properly filed and commenced against a decedent prior to the decedent's death, the same shall be continued against the personal representative or successors in interest of the deceased, who shall be substituted as the party or parties defendant in such action, and in such instance it shall not be necessary for the claimant to file a claim as herein provided. In any action thus continued the recovery, if any, shall be limited as otherwise provided by law.
Formerly: Acts 1953, c.112, s.1402; Acts 1959, c.179, s.1; Acts 1961, c.287, s.2; Acts 1965, c.144, s.1; Acts 1975, P.L.288, SEC.21. As amended by P.L.118-1997, SEC.20; P.L.252-2001, SEC.17.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-3. Future Claims; Payment; Bonds

Sec. 3. Upon proof of a claim which will become due at some future time, the court shall allow it at the present value thereof, and payment may be made as in the case of an absolute claim which has been allowed: Provided, if the obligation upon which such claim was founded was entered into before January 1, 1954, payment may be made as above, if the creditors agree thereto. If payment is not made as above provided, the court may order the personal representative to retain in his hands sufficient funds to satisfy the claim upon maturity; or if the distributees shall give a bond to be approved by the court for the payment of the creditor's claim in accordance with the terms thereof, the court may order such bond to be given in satisfaction of such claim and the estate may be closed.
Formerly: Acts 1953, c.112, s.1403. As amended by Acts 1982, P.L.171, SEC.36.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-4. Actions; Joint Contracts and Judgment

Sec. 4. No action shall be brought by complaint and summons against any personal representative and any other person or persons, or his or their legal representatives, upon any contract executed jointly, or jointly and severally, by the deceased and such other person or persons, or upon any joint judgment founded thereon; but the holder of said contract or judgment shall enforce the collection thereof against the estate of the decedent only by filing his claim as provided in section 2 of this chapter.
Formerly: Acts 1953, c.112, s.1404. As amended by Acts 1982, P.L.171, SEC.37.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-5. Joint Contracts and Judgments Deemed Joint and Several

Sec. 5. Every contract executed jointly by the decedent with any other person or persons, and every joint judgment founded on such contract, shall be deemed to be joint and several for the purpose contemplated in section 4 of this chapter; and the amount due thereon shall be allowed against the estate of the decedent as if the contract were joint and several.
Formerly: Acts 1953, c.112, s.1405. As amended by Acts 1982, P.L.171, SEC.38.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-6. Secured Claims, Allowance, and Payment

Sec. 6. The allowance and payment of secured claims shall be made in accordance with the "Uniform Act Governing Secured Creditors Dividends in Liquidation Proceedings," IC 30-2-7.
Formerly: Acts 1953, c.112, s.1406. As amended by Acts 1982, P.L.171, SEC.39.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-7. Contingent Claims; Payment; Bond of Distributee

Sec. 7. Contingent claims which cannot be allowed as absolute debts shall, nevertheless, be filed in the court. If allowed as a contingent claim, the allowance shall state the nature of the contingency. If such claim shall become absolute before distribution of the estate, it shall be paid in the same manner as absolute claims of the same class. In all other cases the court may provide for the payment of contingent claims in any one of the following methods.
(a) The creditor and personal representative may determine, by agreement, arbitration or compromise, the value thereof, according to its probable present worth, and upon approval thereof by the court, it may be allowed and paid in the same manner as an absolute claim.
(b) The court may order the personal representative to make distribution of the estate but to retain in his hands sufficient funds to pay the claim if and when the same becomes absolute; but for this purpose the estate shall not be kept open longer than two (2) years after distribution of the remainder of the estate has been made; and if such claim has not become absolute within that time, distribution shall be made to the distributees of the funds so retained, after paying any costs and expenses accruing during such period and such distributees shall be liable to the creditor to the extent of the estate received by them, if such contingent claim thereafter becomes absolute. When distribution is so made to distributees, the court may require such distributees to give bond for the satisfaction of their liability to the contingent creditor.
(c) The court may order distribution of the estate as though such contingent claim did not exist, but the distributees shall be liable to the creditor to the extent of the estate received by them, if the contingent claim thereafter becomes absolute; and the court may require such distributees to give bond for the performance of their liability to the contingent creditor.
Formerly: Acts 1953, c.112, s.1407.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-8. Contingent Claims; Liability of Distributees; Contribution

Sec. 8. If a contingent claim shall have been filed and allowed against an estate, and all the assets of the estate including the fund, if any, set apart for the payment thereof, shall have been distributed, and the claim shall thereafter become absolute, the creditor shall have the right to recover thereon in the court having probate jurisdiction against those distributees whose distributive shares have been increased by reason of the fact that the amount of said claim as finally determined was not paid out prior to final distribution, provided an action therefor shall be commenced within three (3) months after the claim becomes absolute. Such distributees shall be jointly and severally liable, but no distributee shall be liable for an amount exceeding the amount of the estate or fund so distributed to him. If more than one (1) distributee is liable to the creditor, the distributee shall make all distributees who can be reached by process parties to the action. By its judgment the court shall determine the amount of the liability of each of the defendants as between themselves, but if any be insolvent or unable to pay his proportion, or beyond the reach of process, the others, to the extent of their respective liabilities, shall nevertheless be liable to the creditor for the whole amount of the debt. If any person liable for the debt fails to pay the person's just proportion to the creditor, the person shall be liable to indemnify all who, by reason of such failure on the person's part, have paid more than their just proportion of the debt, the indemnity to be recovered in the same action or in separate actions.
Formerly: Acts 1953, c.112, s.1408; Acts 1975, P.L.288, SEC.22. As amended by P.L.252-2001, SEC.18; P.L.1-2002, SEC.124.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-11. Inquiry Into Correctness; Liability on Bond

Sec. 11. Before allowing or paying claims against the estate he represents, it shall be the duty of every personal representative to inquire into the correctness of all claims against the estate and make all available defenses thereto, and if he fails so to do, he shall be liable on his bond, at the suit of any person interested in the estate, for all damages sustained by the estate in consequence of such neglect.
Formerly: Acts 1953, c.112, s.1411.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-12. Trial; Pleading; Dismissal

Sec. 12. (a) When any claim is transferred for trial, it shall not be necessary for the personal representative to plead any matter by way of answer, except a set-off or counter-claim, to which the plaintiff shall reply. If the personal representative pleads any other matter by way of defense, the claimant shall reply thereto; the sufficiency of the statement of the claim, or any subsequent pleading, may be tested by appropriate pleadings, and if objection be made that the assignor of a claim not assigned by endorsement is not a party to the action, leave shall be given the claimant to amend by making him a party to answer to his interest in the claim and to sue out process against the assignor to answer in that behalf. And if it shall be shown to the court that any person is bound with the decedent in any contract which is the foundation of the claim, the court shall direct that the claim be amended by making such person a defendant in the action, and process shall be issued against and served upon him, and thereafter the action shall be prosecuted against him as a codefendant with such personal representative and judgment shall be rendered accordingly.
(b) If any claimant fails to attend and prosecute his claim at the time the same shall be set down for trial, the court shall dismiss the claim; and any subsequent prosecution of the claim against the estate shall be at the costs of the claimant, unless good cause for such failure to prosecute be shown.
Formerly: Acts 1953, c.112, s.1412. As amended by Acts 1978, P.L.132, SEC.7.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-13. Trial of Claims; Judgment; Set-Off or Counterclaim

Sec. 13. The trial of a claim under this chapter shall be conducted as in ordinary civil cases, and if the finding is for the claimant the court shall allow the claim in full or in part, and costs, to be paid out of the assets of the estate under section 19 of this chapter. If the claim sued on is secured by a lien upon property of the deceased, the date and extent shall be ascertained and fixed by the finding and judgment. If the finding is in favor of the personal representative upon a set-off or counter-claim, judgment shall be rendered thereon as in ordinary cases. If a set-off or counter-claim is pleaded, and the claim is afterward dismissed, the personal representative may nevertheless proceed to trial and judgment on the set-off or counter-claim.
Formerly: Acts 1953, c.112, s.1413. As amended by P.L.118-1997, SEC.21.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-14. Petitions; Defend Claims; Objections to Payment

Sec. 14. (a) In all cases when a claim is filed against the estate, and before it is paid, any person interested in the estate, upon written petition to the court, shall be allowed, at his expense, to defend such claim, and until such claim is adjudicated the personal representative shall not pay the same.
(b) In all cases when a claim against the estate is paid by the personal representative, without payment thereof having been ordered by the court, whether or not such claim has been filed, any person interested in the estate may raise whatever objections he may have to the payment of such claim by filing his objections to the next account of the personal representative, as provided in IC 29-1-16-7.
Formerly: Acts 1953, c.112, s.1414. As amended by Acts 1982, P.L.171, SEC.40.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-15. Execution; Final Process; Payment; Mortgages, Pledges, or Liens; Enforcement

Sec. 15. No execution or other final process shall be issued on any allowance or judgment rendered upon a claim against a decedent's estate for the collection thereof out of the assets of the estate, but all such claims shall be paid by the personal representative in full or pro rata, in due course of administration; provided, however, the provisions of this section shall not be construed to prevent the enforcement of mortgages, pledges or other liens upon real or personal property in an appropriate proceeding.
Formerly: Acts 1953, c.112, s.1415.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-16. Liens and Mortgages, Enforcement; Sale of Real Estate; Exception

Sec. 16. Unless an earlier date is authorized by the judge of the court having jurisdiction of the decedent's estate no proceedings shall be instituted before the end of three (3) months from the death of the decedent to enforce the lien of any judgment rendered against the decedent in his lifetime upon real estate or to enforce any decree specifically directing the sale of such real estate to discharge any lien or liability created or suffered by the decedent, nor shall any suit be brought before that time against the heirs or devisees of the deceased to foreclose any mortgage or other lien thereon; and in case of suit to foreclose any mortgage or other lien thereon, the personal representative shall be made a party defendant thereto; and if the personal representative shall be diligently prosecuting his proceedings to sell the real estate of the deceased for the purpose of making assets to discharge such liens, further proceedings for the sale thereof by the holders of liens thereon shall be stayed, upon the application of the personal representative. This section does not apply to cases where, before the end of the three (3) months, the real estate shall have been sold by the personal representative subject to liens thereon, nor to mortgages and judgments in favor of the state.
Formerly: Acts 1953, c.112, s.1416; Acts 1975, P.L.288, SEC.25. As amended by P.L.252-2001, SEC.20.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-17. Personal Representative Claims

Sec. 17. (a) Whenever a claim in favor of a personal representative against the estate the personal representative represents that accrued before the death of the decedent is filed against an estate, with the affidavit of the claimant attached, the claim shall not be acted upon by the personal representative unless all interested persons who would be affected by the allowance of the claim consent in writing to it. If all interested persons do not consent to the payment of that claim, the judge shall appoint a special personal representative who shall examine the nature of the claim. If the special personal representative determines that the claim is just, the special personal representative shall allow the claim. If the special personal representative believes it is in the best interests of the estate to oppose the claim, the special personal representative may:
(1) employ counsel to represent the special personal representative;
(2) disallow the claim; and
(3) ask the court to set the claim for trial.
The special personal representative and the special personal representative's counsel shall be paid out of the estate fees for services that the court determines reasonable and appropriate.
(b) Claims of personal representatives shall not be deemed civil actions or proceedings for the purpose of determining court costs, unless the court arranges for active opposition provided in this section.
Formerly: Acts 1953, c.112, s.1417. As amended by Acts 1978, P.L.132, SEC.8; P.L.118-1997, SEC.22.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-18. Compromise of Claims

Sec. 18. The personal representative may, if it appears for the best interests of the estate, compromise any claim against the estate, whether due or not due, absolute or contingent, liquidated or unliquidated, but if such claim is not filed such compromise must be consummated within three (3) months after the date of the first published notice to creditors. In the absence of prior authorization or subsequent approval by the court, no compromise shall bind the estate.
Formerly: Acts 1953, c.112, s.1418; Acts 1975, P.L.288, SEC.26. As amended by P.L.252-2001, SEC.21.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-19. Payment of Claims; Bond or Security of Creditor; Report of Insolvency

Sec. 19. (a) The personal representative at any time shall pay the claims as the court shall order if the claims are filed within three (3) months after the date of the first published notice to creditors or the period allowed under IC 29-1-7-7, if applicable, and the court may require bond or security to be given by the creditor to refund such part of such payment as may be necessary to make payment in accordance with this title.
(b) Prior to the expiration of three (3) months after the date of the first published notice to creditors or the period allowed under IC 29-1-7-7, the personal representative, if the estate clearly is solvent, may pay any claims that the personal representative believes are just and correct, whether or not the claims have been filed. The personal representative may require bond or security to be given by the creditor to refund any part of the payment as the court may subsequently order. The personal representative, following all such payments, shall include them in the personal representative's next account and they shall be considered proper payments under this title if they are approved by the court as a part of the account.
(c) Upon the expiration of three (3) months after the date of the first published notice to creditors or the period allowed under IC 29-1-7-7 and the final adjudication of all claims filed against the estate, the personal representative shall proceed to pay the claims that have been allowed against the estate in accordance with this title that the personal representative has not paid.
(d) If it appears at any time that the estate is or may be insolvent, that there are insufficient funds on hand, or that there is other good or sufficient cause, the personal representative may report that fact to the court and apply for any necessary order.
Formerly: Acts 1953, c.112, s.1419; Acts 1975, P.L.288, SEC.27. As amended by P.L.154-1990, SEC.11; P.L.118-1997, SEC.23; P.L.252-2001, SEC.22.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-20. Mortgage; Pledge; Lien; Payment; Renewal; Extension

Sec. 20. When any assets of the estate are encumbered by mortgage, pledge or other lien, the personal representative may pay such encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or may convey or transfer such assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate. As to any such conveyance or transfer the personal representative must obtain prior authorization of the court and as to any such payment, renewal or extension the personal representative must obtain prior authorization or subsequent approval of the court. The making of such payment shall not increase the share of the distributee entitled to such encumbered assets unless otherwise provided by will.
Formerly: Acts 1953, c.112, s.1420.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 14. Claims Against the Estate › 29-1-14-21. Adverse Claims; Notice; Trial

Sec. 21. When any person claims any interest in any property in the possession of the personal representative adverse to the estate, the person may file, prior to the expiration of three (3) months after the date of the first published notice to creditors, a petition with the court having jurisdiction of the estate setting out the facts concerning such interest, and thereupon the court shall cause such notice to be given to such parties as it deems proper, and the case shall be set for trial and tried as in ordinary civil actions.
Formerly: Acts 1953, c.112, s.1421; Acts 1975, P.L.288, SEC.28. As amended by P.L.252-2001, SEC.23.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-1. Priorities; Wills; Orders of Court

Sec. 1. In determining what property of the estate shall be sold, mortgaged, leased or exchanged for any purpose provided in section 3 of this chapter, there shall be no priority as between real and personal property, except as provided by the will, if any, or by order of the court or by the provisions of IC 29-1-17-3.
Formerly: Acts 1953, c.112, s.1501. As amended by Acts 1982, P.L.171, SEC.41.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-2. Powers Under Will; Optional Procedure

Sec. 2. When the personal representative, under the terms of any will, is given the power to sell, mortgage, lease or exchange property of the estate or is given any other power with respect to the administration of the estate, he may proceed in accordance with such power without order of the court or he may proceed under the provisions of this article, as he may determine.
Formerly: Acts 1953, c.112, s.1502. As amended by Acts 1982, P.L.171, SEC.42.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-3. Payment of Claims, Expenses, and Taxes; Distribution of Estate

Sec. 3. Subject to the provisions of IC 29-1-7-15.1 concerning the sale of real property, any real or personal property belonging to an estate may be sold, mortgaged, leased or exchanged under court order when necessary for any of the following purposes:
(a) For the payment of claims allowed against the estate.
(b) For the payment of any allowances made under IC 29-1-4-1.
(c) For the payment of any legacy given by the will of the decedent.
(d) For the payment of expenses of administration.
(e) For the payment of any gift, estate, inheritance or transfer taxes assessed upon the transfer of the estate or due from the decedent or the decedent's estate.
(f) For making distribution of the estate or any part thereof.
(g) For any other purpose in the best interests of the estate.
Formerly: Acts 1953, c.112, s.1503; Acts 1973, P.L.287, SEC.8. As amended by Acts 1979, P.L.268, SEC.6; P.L.184-2021, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-4. Order Not Granted; Bond Given by Interested Person

Sec. 4. An order authorizing a personal representative to sell, mortgage or lease real or personal property for the payment of obligations of the estate shall not be granted if any of the persons interested in the estate shall execute and file in the court a bond in such sum and with such sureties as the court may approve, conditioned to pay all obligations of the estate to the extent that the other property of the estate is insufficient therefor, within such time as the court shall direct. An action may be maintained on such bond by the personal representative on behalf of any person interested in the estate who is prejudiced by breach of any obligation of the bond.
Formerly: Acts 1953, c.112, s.1504.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-5. Credit Sales

Sec. 5. In all sales of real or personal property, the court may authorize credit to be given by the personal representative for a term and for an amount of the purchase price each in the discretion of the court, the payment of which shall be secured by notes or bonds with approved sureties or by a purchase money mortgage. If credit is authorized, the order shall specify the time of payment, the minimum rate of interest on deferred payments and the manner in which such payments shall be secured. If the estate is solvent, credit may be extended by the personal representative for a time longer than one (1) year with the written consent of the distributees affected thereby.
Formerly: Acts 1953, c.112, s.1505; Acts 1971, P.L.410, SEC.1. As amended by P.L.9-2022, SEC.61.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-6. Purchasers, Mortgagees, Pledgees, or Lienors; Allowance of Claims

Sec. 6. At any sale of real or personal property upon which there is a mortgage, pledge or other lien, the holder thereof may become the purchaser and may apply the amount of his lien on the purchase price in the following manner. If no claim thereon has been filed or allowed, the court, at the hearing on the report of sale and for confirmation of the sale, may examine into the validity and enforceability of the lien or charge and the amount due thereunder and secured thereby and may authorize the personal representative to accept the receipt of such purchaser for the amount due thereunder and secured thereby as payment pro tanto. If such mortgage, pledge or other lien is a valid claim against the estate and has been allowed, the receipt of the purchaser for the amount due him from the proceeds of the sale is a payment pro tanto. If the amount for which the property is purchased, whether or not such claim was filed or allowed, is insufficient to defray the expenses and discharge his mortgage, pledge or other lien, the purchaser must pay an amount sufficient to pay the balance of such expenses and the amount credited to the payment of his claim shall be reduced accordingly. Nothing permitted under the terms of this section shall be deemed to be an allowance of a claim based upon such mortgage, pledge or other lien.
Formerly: Acts 1953, c.112, s.1506.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-7. Collateral Attack; Irregularity in Proceedings

Sec. 7. No proceedings for sale, mortgage, lease, exchange or conveyance by a personal representative of property belonging to the estate shall be subject to collateral attack on account of any irregularity in the proceedings if the court which ordered the same had jurisdiction of the estate.
Formerly: Acts 1953, c.112, s.1507.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-8. Petition; Stock; Bonds; Securities

Sec. 8. A personal representative may sell, mortgage or lease any personal property belonging to the estate upon filing a petition setting forth the reasons therefor and describing the property involved. The petition shall be heard without notice unless the court shall otherwise direct. After hearing the petition, the court may order the sale, mortgage or lease of the property described or any part thereof, at either public or private offering and upon such terms and conditions as the court may deem best for the interests of the estate. Where any part of the personal property consists of the corporate stocks, bonds or other securities of any corporation, public or private, which are listed or admitted to trading on the New York Stock Exchange, the American Stock Exchange, the Midwest Stock Exchange, the Pacific Coast Stock Exchange, or any other recognized stock exchange, or of securities which are obligations of the government of the United States, any of such securities may be sold for cash at the market price thereof at the time of sale whether such price be more or less than the appraised or inventoried value of such securities, and without notice and without any requirement for the reappraisement of such securities.
Formerly: Acts 1953, c.112, s.1508; Acts 1961, c.50, s.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-9. Perishable Properties; Family Allowance; Title to Property; Approval

Sec. 9. Perishable property and other personal property which will depreciate in value if not disposed of promptly, or which will incur loss or expense by being kept, and so much other other personal property as may be necessary to provide allowance to the surviving spouse and children pending the receipt of other sufficient funds, may be sold without notice, and title shall pass without prior authorization; but the personal representative shall be responsible for the actual value of the property unless, after making a report of such sale, and on a proper showing, the court shall approve the sale.
Formerly: Acts 1953, c.112, s.1509.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-10. Unit Sales, Mortgages, or Leases

Sec. 10. Whenever it is for the best interests of the estate, real and personal property of the estate may be sold, mortgaged or leased as a unit, but the provisions of this article with respect to the sale, mortgage or lease of real property shall apply so far as may be.
Formerly: Acts 1953, c.112, s.1510. As amended by Acts 1982, P.L.171, SEC.43.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-11. Petition; Sale, Mortgage, or Lease of Real Property; Order of Court

Sec. 11. (a) This section is subject to the provisions of IC 29-1-7-15.1 concerning the sale of real property.
(b) A personal representative may file a petition to sell, mortgage or lease any real property belonging to the estate. The petition shall set forth the reasons for the application and describe the property involved. The personal representative may apply for different authority as to separate parts of the property; or the personal representative may apply in the alternative for authority to sell, mortgage or lease. Upon the filing of the petition, the court shall fix the time and place for the hearing thereof. Notice of the hearing, unless waived, shall be given to all heirs and lienholders, except holders of liens created by said heirs, whose liens are to be extinguished or transferred to the proceeds of said sale in case of intestacy and to all devisees and lienholders, except holders of liens created by said devisees, whose liens are to be extinguished or transferred to the proceeds of said sale in case of testacy, and the notice shall state briefly the nature of the application and shall be given as provided in IC 29-1-1-12. However, as to any real property valued at not more than one thousand dollars ($1,000) exclusive of any liens the court may, in its discretion, hear and act upon the petition without notice to heirs or devisees. At the hearing and upon satisfactory proofs, the court may order the sale, mortgage or lease of the property described or any part thereof. When a claim secured by a mortgage on real property is, under the provisions of this probate code, payable at the time of distribution of the estate or prior thereto, the court with the consent of the mortgagee may, nevertheless, order the sale of the real property subject to the mortgage, but such consent shall release the estate should a deficiency later appear.
Formerly: Acts 1953, c.112, s.1511; Acts 1955, c.258, s.6; Acts 1961, c.15, s.1; Acts 1975, P.L.288, SEC.29. As amended by P.L.86-2018, SEC.212; P.L.184-2021, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-12. Conflicting Titles; Process and Notice

Sec. 12. Upon any petition to sell or mortgage real property the court shall have power to investigate and determine all questions of conflicting and controverted title, remove clouds from any title or interest involved, and invest purchasers or mortgagees with a good and indefeasible title to the property sold or mortgaged. When the petition to sell or mortgage seeks such relief notice shall be given as in civil actions of like nature and the court is authorized to issue appropriate process and notices in order to obtain jurisdiction to so proceed against adverse parties.
Formerly: Acts 1953, c.112, s.1512.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-13. Court Order; Description of Property; Sequence of Parcels; Private Sale, Public Auction; Terms

Sec. 13. The order shall describe the property to be sold, mortgaged or leased and may designate the sequence in which the several parcels shall be sold, mortgaged or leased. An order for sale shall direct whether the property shall be sold at private sale or public auction, and, if the latter, the place or places of sale. If real property is to be sold at private sale it shall direct that the same shall not be sold for less than the fair market value, or if at public sale for not less than two-thirds (2/3) of the fair market value; or if real property is to be leased, it shall direct that the same shall not be leased for less than the fair market rental value. An order of sale shall direct whether the sale shall be for cash or for cash and deferred payments, and the terms on which such deferred payments are to be made. If real property is to be mortgaged, it shall fix the maximum amount of principal, the maximum rate of interest, the earliest and latest date of maturity, and shall direct the purpose for which the proceeds Shall be used. An order for sale, mortgage or lease shall remain in force until terminated by the court, but no sale or lease shall be made after one (1) year from the date of the order unless the real property or rental value thereof shall have been reappraised under order of the court within three (3) months preceding the sale or lease.
Formerly: Acts 1953, c.112, s.1513; Acts 1975, P.L.288, SEC.30.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-14. Fair Market Value; Appraisal; Reappraisal

Sec. 14. The value of the property for the purposes of a sale of real property pursuant to section 3 and subsequent sections of this chapter shall be the fair market value filed with the inventory unless the court directs that the property be appraised or reappraised, as the case may be. In the event appraisal is ordered by the court, or in the case of a lease pursuant to such sections of the probate code, the property shall be appraised at its fair market value or its fair market rental value, as the case may be, in a manner considered appropriate by the court.
Formerly: Acts 1953, c.112, s.1514; Acts 1975, P.L.288, SEC.31.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-15. Real Property Sales; Notice

Sec. 15. In all sales of real property the sale may be made with or without notice as directed by the court. Where notice is ordered the personal representative shall give such notice as the court orders.
Formerly: Acts 1953, c.112, s.1515; Acts 1955, c.258, s.7; Acts 1975, P.L.288, SEC.32. As amended by Acts 1978, P.L.132, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-16. Repealed

Formerly: Acts 1953, c.112, s.1516. As amended by Acts 1982, P.L.171, SEC.44. Repealed by P.L.238-2005, SEC.63.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-16.5. Acquisition of Beneficial Interest in Real Property of Estate by Personal Representative

Sec. 16.5. (a) This section applies to a supervised or an unsupervised estate.
(b) Unless authorized by:
(1) a will;
(2) a trust;
(3) the consent of all heirs, legatees, or beneficiaries;
(4) an adjudicated compromise agreement approved by the court under IC 29-1-9; or
(5) an order of the court issued after notice and hearing to all interested persons to ensure that adequate consideration is received by the estate for the interest acquired;
any sale (including an auction sale), encumbrance, lease, or rental of real property that is an asset of the estate is void if the sale, encumbrance, lease, or rental of the real property causes the personal representative to directly or indirectly acquire a beneficial interest in the real property.
(c) This section does not prohibit a personal representative from enforcing or fulfilling any enforceable contract or agreement:
(1) executed during the decedent's lifetime; and
(2) between the decedent and the personal representative in the personal representative's individual capacity.
As added by P.L.238-2005, SEC.13. Amended by P.L.99-2013, SEC.7.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-17. Execution of Conveyance or Lease; Certified Copy of Order; Power Given Under Will

Sec. 17. Whenever a personal representative executes a deed, mortgage, lease or other conveyance under a power given the personal representative in any will, a certified copy of the will giving such power and a certified copy of the personal representative's letters may be recorded with the deed, mortgage, lease, or other instrument executed by the personal representative pursuant to and in accordance with such power, and such certified copies shall be prima facie evidence of the due appointment and qualification of the personal representative and the personal representative's authority to execute said deed, mortgage, lease, or other instrument.
Formerly: Acts 1953, c.112, s.1517. As amended by Acts 1982, P.L.171, SEC.45; P.L.238-2005, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-18. Forms for Conveyances

Sec. 18. (a) Whenever a personal representative shall be ordered by the court to execute a conveyance of the real estate of a decedent, a conveyance subscribed by the personal representative shall vest in the grantee all the title in the real estate ordered by the court to be conveyed as completely as if all the proceedings of the court preliminary to such conveyance has been fully recited therein, if such conveyance includes substantially the following:
"A.B., as personal representative of C.D., deceased, by order of the ____________ Court of ________ County, Indiana, dated __________, for good and sufficient consideration, conveys to E.F. the following real estate: (insert description)."
(b) Whenever the personal representative, by the provisions contained in the will, shall be required or authorized, without the intervention of a court, to execute a conveyance of the real estate of a decedent, a conveyance subscribed by the personal representative shall be sufficient to convey all the title in the real estate to the grantee, if such conveyance includes substantially the following:
"A.B., as personal representative of C.D., deceased, by virtue of the decedent's said will, for good and sufficient consideration, conveys to E.F. the following described real estate: (insert description)."
Formerly: Acts 1953, c.112, s.1518; Acts 1975, P.L.288, SEC.33. As amended by Acts 1979, P.L.268, SEC.7; P.L.130-1992, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-19. Irregularity or Defect in Proceedings; Guardians; Good Faith Purchasers

Sec. 19. (a) No sale of any real estate made by a personal representative or guardian under the provisions of IC 29-1, shall be voided on account of any irregularity or defect in the proceedings, if it shall appear:
(1) that the sale was authorized by the court having the jurisdiction of the parties and the subject-matter;
(2) that notice of the time and place of sale was given in the manner provided by law; and
(3) that the premises were sold accordingly and are held by or under one who purchased them in good faith.
(b) No sale of any real estate, made by a personal representative pursuant to a power given him by any will, shall be voided on account of any irregularity or defect if it shall appear:
(1) that the personal representative acted in substantial conformity with the terms and conditions of the power given him by the will; and
(2) that the premises are held by or under one who purchased them in good faith.
(c) No sale involving real estate that is made by an unsupervised personal representative under IC 29-1-7.5 is voided on account of any irregularity or defect if it appears that:
(1) the personal representative acted in substantial conformity with the terms and conditions of the power given in IC 29-1-7.5; and
(2) the premises are held by or under one who purchased them in good faith.
Formerly: Acts 1953, c.112, s.1519. As amended by Acts 1978, P.L.132, SEC.10.