reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-24. Probate of Will; Necessity to Prove Title to Property

Sec. 24. Except as provided in IC 29-1-13-2, no will is effective for the purpose of proving title to, or the right to the possession of, any real or personal property disposed of by the will, until it has been admitted to probate.
Formerly: Acts 1953, c.112, s.724; Acts 1975, P.L.288, SEC.10. As amended by P.L.86-2018, SEC.211; P.L.56-2020, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-25. Foreign Wills; Receipt and Recording Authorized

Sec. 25. (a) Any will that has been proved or allowed in any other state or in any foreign country, according to the laws of that state or country, may be received and recorded in this state:
(1) before the deadlines imposed by section 15.1(g) of this chapter, unless the will is probated for a purpose described in section 15.1(h) of this chapter; and
(2) in the manner and for the purpose stated in sections 26 and 27 of this chapter.
(b) A foreign will received and recorded for a purpose described in section 15.1(h) of this chapter may not be admitted to probate for any other purpose and is subject to all rules governing the admission of wills to probate.
Formerly: Acts 1953, c.112, s.725. As amended by Acts 1982, P.L.171, SEC.25; P.L.274-1983, SEC.1; P.L.149-2012, SEC.7; P.L.163-2018, SEC.8; P.L.231-2019, SEC.11.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-26. Foreign Wills; Certification

Sec. 26. Such will shall be duly certified under the seal of the court or officer taking such proof; or a copy of such will and the probate thereof shall be duly certified under the seal of his court or office by the clerk, prothonotary or surrogate who has the custody or probate thereof, and such certificate shall be attested and certified to be authentic and by the proper officer, by the presiding or sole judge of the court, by whose clerk or prothonotary such certificate shall have been made; or if such will was admitted to probate before any officer being his own clerk, his certificate of such will or record shall be attested and certified to be authentic, and by the proper officer, by the presiding or sole judge, chancellor or vice-chancellor of the court having supervision of the acts of such officer.
Formerly: Acts 1953, c.112, s.726.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-27. Foreign Wills; Filing and Recording

Sec. 27. Such will or copy, and the probate thereof, may be produced by any person interested therein to the court of the county having jurisdiction in which there is any estate on which the will may operate; and if said court shall be satisfied that the instrument ought to be allowed as the last will of the deceased, such court shall order the same to be filed and recorded by the clerk; and, thereupon, such will shall have the same effect as if it had been originally admitted to probate and recorded in this state.
Formerly: Acts 1953, c.112, s.727.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-28. Executed in Indiana; Allowed in Foreign State or Country

Sec. 28. No will executed in this state and proved or allowed in any other state or country, shall be admitted to probate within this state unless executed according to the laws of this state.
Formerly: Acts 1953, c.112, s.728.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-29. Foreign Wills; Contest

Sec. 29. In all cases of foreign wills and testaments heretofore admitted or hereafter to be admitted to probate, or which have been or may be offered for record and filing in any county of this state, any person interested in the estate of the testator may contest such will or testament within the time, in the manner, and for any or all the causes prescribed by the laws of Indiana in cases of the contest of domestic wills.
Formerly: Acts 1953, c.112, s.729.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 3.8 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 section 4 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.471.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-1. Persons Entitled to Petition; Notice to Creditors

Sec. 1. (a) Upon the filing of a petition under IC 29-1-7-5, the following persons may at any time petition the court for authority to have a decedent's estate administered without court supervision:
(1) The decedent's heirs at law if the decedent dies intestate.
(2) The legatees and devisees under the decedent's will.
(3) The personal representative.
(b) The clerk of the court shall sign and issue a notice of the filing of a petition for unsupervised administration.
(c) The petitioner or the petitioner's agent shall serve the notice described in subsection (b) upon the known creditors of the decedent as provided in IC 29-1-7-7(c) and IC 29-1-7-7(d).
Formerly: Acts 1975, P.L.288, SEC.11. As amended by P.L.154-1990, SEC.6; P.L.38-2023, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-2. Conditions to Grant of Petition; Collateral Attack; Revocation

Sec. 2. (a) The court may grant a petition for administration without court supervision if:
(1) all the persons referred to in either section 1(a)(1) or 1(a)(2) of this chapter have joined in the petition;
(2) the estate is solvent;
(3) the personal representative is qualified to administer the estate without court supervision;
(4) the heirs, or legatees and devisees, or the parent (as defined in IC 29-3-1-11), or if none, the guardian (as defined in IC 29-3-1-6) of an heir, legatee, or devisee, as the case may be, freely consent to and understand the significance of administration without court supervision; and
(5) the will does not request supervised administration.
(b) As an alternative to the requirements of subsection (a), the court may also grant a petition for administration without court supervision if:
(1) the decedent in the will authorized the administration of the estate to be unsupervised;
(2) the estate is solvent; and
(3) the personal representative is qualified to administer the estate without court supervision.
(c) Once a petition for administration without court supervision has been granted under subsection (a) or (b), a personal representative's authority, under such order, shall not be subject to any requirement of court approval or confirmation or be open to collateral attack on account of any defect or irregularity in the proceedings resulting in issuance of the order of no supervision, if the court issuing the order had jurisdiction of the estate.
(d) The court may, on its own motion or the motion of an interested person, revoke an order of unsupervised administration and require an administration on terms and conditions which the court specifies if the court finds that such a revocation is in the best interests of the estate, creditors, taxing authorities, heirs, legatees, or devisees.
Formerly: Acts 1975, P.L.288, SEC.11. As amended by Acts 1977, P.L.297, SEC.1; Acts 1978, P.L.132, SEC.3; Acts 1982, P.L.172, SEC.1; P.L.169-1988, SEC.3; P.L.264-1989, SEC.1; P.L.182-1999, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-2.5. Personal Representative's Bond

Sec. 2.5. (a) A personal representative is not required to execute and file a bond relating to the duties of the personal representative's office under this chapter unless:
(1) the will provides for the execution and filing of a bond; or
(2) the court finds, on the court's own motion or on motion by an interested person, that a bond is necessary to protect creditors, heirs, devisees, and legatees.
(b) If a bond is required under subsection (a):
(1) the amount of the bond shall be determined by the court; and
(2) the bond shall be administered;
under IC 29-1-11.
(c) If a personal representative is not an Indiana resident or ceases to be an Indiana resident, the personal representative at the discretion of the court shall shall execute and file a bond under IC 29-1-10-1. The amount of the bond may be increased, decreased, or reduced to zero (0) at the court's discretion.
As added by P.L.130-1992, SEC.2. Amended by P.L.38-2023, SEC.7.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-3.2. Inventories

Sec. 3.2. (a) Not more than two (2) months after the appointment of a personal representative under this chapter, the personal representative shall prepare a verified inventory of the decedent's probate estate. The inventory may consist of at least one (1) written instrument.
(b) The inventory required under subsection (a) must indicate the fair market value of each item of property belonging to the probate estate, including a statement of all known liens and other charges on any item. The property must be classified in the inventory 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 the stock has no par value, and if preferred stock, the dividend rate.
(5) Mortgages, bonds, notes, or other written evidences of debt or of ownership described by the name of the 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. However, no inventory of the partnership property is required.
(c) In preparing the inventory required under subsection (a), the personal representative may employ a disinterested appraiser to ascertain the fair market value as of the date of the decedent's death of an asset that has a value that 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 the appraiser appraised.
(d) The personal representative shall furnish a copy of the inventory required under subsection (a), or a supplement or amendment to the inventory, to a distributee who requests a copy.
(e) The personal representative may certify to the court that the inventory required under subsection (a), a supplement, or an amendment to the inventory has been prepared and is available. However, the court may not require the personal representative to file a copy of the inventory, a supplement, or an amendment to the inventory with the court.
As added by P.L.130-1992, SEC.3. Amended by P.L.182-1999, SEC.5; P.L.99-2013, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-3.4. Distribution of Real Property

Sec. 3.4. (a) This section applies to the distribution of real property by a personal representative to a devisee or heir under this chapter.
(b) The conveyance subscribed by the personal representative under this section is sufficient to distribute all title in the real property to the devisee or heir if the conveyance includes substantially the following language:
"A.B. is the personal representative of the estate of C.D., deceased. This estate is pending as Cause Number ___________ in __________ County, Indiana. The personal representative, by virtue of the power given a personal representative under Indiana law, hereby distributes to E.F. the following described real estate: (insert description)."
As added by P.L.130-1992, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-3.6. Conveyance of Real Property

Sec. 3.6. (a) This section applies to a conveyance of real property by a personal representative under this chapter.
(b) The conveyance subscribed by the personal representative is sufficient to convey all title in the real property to the grantee if the conveyance includes substantially the following language:
"A.B. is the personal representative of the estate of C.D., deceased. This estate is pending as Cause Number ___________ in __________ County, Indiana. The personal representative, by virtue of the power given a personal representative under Indiana law, for good and sufficient consideration conveys to E.F. the following described real estate: (insert description)."
As added by P.L.130-1992, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-3.8. Prompt Closing of Estates

Sec. 3.8. (a) A personal representative shall close an estate administered under this chapter as promptly as possible.
(b) If a personal representative does not file a closing statement under section 4 of this chapter within one (1) year after the appointment of the personal representative, the personal representative shall file a statement with the court indicating why the estate has not been closed.
As added by P.L.130-1992, SEC.6. Amended by P.L.118-1997, SEC.15.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-4. Closing Estate; Procedures; Termination of Appointment of Personal Representative

Sec. 4. (a) Unless prohibited by order of the court and except for estates being administered in supervised administration proceedings, a personal representative may close an estate by filing with the court no earlier than three (3) months after the date of the first published notice to creditors under IC 29-1-7-7(b), a verified statement stating that the personal representative, or a prior personal representative, has done the following:
(1) Published notice to creditors as provided in IC 29-1-7-7(b), and that the first publication occurred more than three (3) months prior to the date of the statement.
(2) Provided notice to creditors as required under IC 29-1-7-7(c) and IC 29-1-7-7(d).
(3) Fully administered the estate of the decedent by making payment, settlement, or other disposition of all claims which were presented, expenses of administration and estate, inheritance, and other death taxes, except as specified in the statement. If any claims remain undischarged, the statement shall:
(A) state whether the personal representative has distributed the estate, subject to possible liability, with the agreement of the distributees; or
(B) detail other arrangements which have been made to accommodate outstanding liabilities.
(4) Executed and recorded a personal representative's deed for any real estate owned by the decedent.
(5) Distributed all the assets of the estate to the persons entitled to receive the assets.
(6) Sent a copy of the statement to:
(A) all distributees of the estate; and
(B) all creditors or other claimants of whom the personal representative has actual knowledge whose claims are neither paid nor barred and has furnished a full account in writing of the personal representative's administration to the distributees whose interests are affected, unless waived in writing.
(7) Provided the court with the names and addresses of all distributees, creditors, and claimants to whom the personal representative has sent a copy of the statement under subdivision (6).
(b) If no proceedings involving the personal representative are pending in the court three (3) months after the closing statement is filed, the appointment of the personal representative terminates and the estate is closed by operation of law.
Formerly: Acts 1975, P.L.288, SEC.11. As amended by P.L.154-1990, SEC.7; P.L.130-1992, SEC.7; P.L.252-2001, SEC.15; P.L.194-2017, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-4.5. Uncontested Closing Statements; Audits and Inquiries

Sec. 4.5. If, after three (3) months following the date that the closing statement required under section 4 of this chapter is filed, an objection to the closing statement has not been filed, the court does not have a duty to audit or make an inquiry.
As added by P.L.130-1992, SEC.8.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-5. Undischarged Claims; Actions Against Distributees; Contribution

Sec. 5. After assets of an estate have been distributed, and subject to section 7 of this chapter, an undischarged claim not barred may be prosecuted in a proceeding against one (1) or more distributees. No distributee is liable to claimants for amounts in excess of the value of his distribution as of the time of distribution. As between distributees, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied in the course of administration. Any distributee who fails to notify other distributees of the demand made upon him by the claimant in sufficient time to permit them to join in any proceeding in which the claim was asserted against him loses his right of contribution against other distributees.
Formerly: Acts 1975, P.L.288, SEC.11. As amended by P.L.1-1993, SEC.213.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-6. Claims Against Personal Representatives; Limitation

Sec. 6. Unless previously barred by adjudication and except as provided in the closing statement, all claims against the personal representative, including claims by a person under a disability, are barred unless a proceeding to assert the same is commenced within three (3) months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation, or inadequate disclosure related to the settlement of the decedent's estate.
Formerly: Acts 1975, P.L.288, SEC.11. As amended by Acts 1978, P.L.132, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-7. Claims Against Distributees; Limitation

Sec. 7. Unless otherwise barred, the claim of any claimant, including a claimant under a disability, to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, including an heir or devisee under a disability, or of a successor personal representative acting in their behalf, to recover property improperly distributed or the value thereof from any distributee is forever barred at the later of (a) three (3) years after the decedent's death, or (b) one (1) year after the closing statement is filed.
Formerly: Acts 1975, P.L.288, SEC.11. As amended by Acts 1978, P.L.132, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees › 29-1-7.5-8. Subsequently Discovered Estate; Appointment of Personal Representative

Sec. 8. If other property of the estate is discovered after the estate has been settled and the personal representative discharged or three (3) months after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the court orders otherwise, the provisions of this title apply as appropriate; but no claim previously barred may be asserted in the subsequent administration.
Formerly: Acts 1975, P.L.288, SEC.11.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to sections 1 and 3 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 and 4.5 of this chapter by P.L.61-2006 apply to the estate of an individual who dies after June 30, 2006.
As added by P.L.220-2011, SEC.472.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-1.5. Affidavit to Obtain Date of Death Values for Personal Property, Accounts, and Intangible Property Belonging to a Decedent; Form of Affidavit; Duty to Furnish Information to the Affiant

Sec. 1.5. (a) This section does not apply to the following:
(1) Real property owned by a decedent.
(2) The contents of a safe deposit box rented by a decedent from a financial institution organized or reorganized under the law of any state (as defined in IC 28-2-17-19) or the United States.
(b) After the death of a decedent, a person:
(1) indebted to the decedent; or
(2) having possession of:
(A) personal property;
(B) an instrument evidencing a debt;
(C) an obligation;
(D) a chose in action;
(E) a life insurance policy;
(F) a bank account; or
(G) intangible property, including annuities, fixed income investments, mutual funds, cash, money market accounts, or stocks;
belonging to the decedent;
shall furnish the date of death value of the indebtedness or property and the names of the known beneficiaries of property described in this subsection to a person who presents an affidavit containing the information required by subsection (c).
(c) An affidavit presented under subsection (b) must state:
(1) the name, address, Social Security number, and date of death of the decedent;
(2) the name and address of the affiant, and the relationship of the affiant to the decedent;
(3) that the disclosure of the date of death value is necessary to determine whether the decedent's estate can be administered under the summary procedures set forth in this chapter; and
(4) that the affiant is answerable and accountable for the information received to the decedent's personal representative, if any, or to any other person having a superior right to the property or indebtedness.
(d) A person presented with an affidavit under subsection (b) must provide the requested information within three (3) business days after being presented with the affidavit.
(e) A person who acts in good faith reliance on an affidavit presented under subsection (b) is immune from liability for the disclosure of the requested information.
(f) A person who:
(1) is presented with an affidavit under subsection (b); and
(2) refuses to provide the requested information within three (3) business days after being presented with the affidavit;
is liable to the estate of the decedent.
(g) A plaintiff who prevails in an action to compel a person presented with an affidavit under subsection (b) to accept the authority of the affiant or in an action for damages arising from a person's refusal to provide the information requested in an affidavit presented under subsection (b) shall recover the following:
(1) Three (3) times the amount of the actual damages.
(2) Attorney's fees and court costs.
(3) Prejudgment interest on the actual damages from the date the affidavit was presented to the person.
As added by P.L.95-2007, SEC.7.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-2. Personal Property; Payments; Delivery; Transfer; Release

Sec. 2. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see to the application of the personal property or evidence thereof or to inquire into the truth of any statement in the affidavit. If any person to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personal property or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuance compelled upon proof of their right in a proceeding brought for the purpose by or on behalf of the persons entitled thereto. Any person to whom payment, delivery, transfer, or issuance is made is answerable and accountable therefor to any personal representative of the estate or to any other person having a superior right.
Formerly: Acts 1953, c.112, s.802; Acts 1975, P.L.288, SEC.13. As amended by P.L.194-2017, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-3. Disbursement and Distribution of Estate

Sec. 3. (a) As used in this section, "fiduciary" means:
(1) the personal representative of an unsupervised estate; or
(2) a person appointed by a court under this title to act on behalf of the decedent or the decedent's distributees.
(b) Except as otherwise provided in this section, if the value of a decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of:
(1) an amount equal to:
(A) twenty-five thousand dollars ($25,000), for the estate of an individual who dies before July 1, 2006;
(B) fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2006, and before July 1, 2022; and
(C) one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022;
(2) the costs and expenses of administration; and
(3) reasonable funeral expenses;
the fiduciary, without giving notice to creditors, may disburse and distribute the estate to the persons entitled to it, followed by the filing of a closing statement, as provided in section 4 of this chapter.
(c) If an estate described in subsection (b) includes real property, an affidavit may be recorded in the office of the recorder in the county in which the real property is located. The affidavit must contain the following:
(1) The legal description of the real property.
(2) The following statements:
(A) If the individual dies after June 30, 2006, and before July 1, 2022, the following statement: "It appears that the decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of the following: fifty thousand dollars ($50,000), the costs and expenses of administration, and reasonable funeral expenses.".
(B) If the individual dies before July 1, 2006, the following statement: "It appears that the decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of the following: twenty-five thousand dollars ($25,000), the costs and expenses of administration, and reasonable funeral expenses.".
(C) If the individual dies after June 30, 2022, the following statement: "It appears that the decedent's gross probate estate, less liens and encumbrances, does not exceed the sum of the following: one hundred thousand dollars ($100,000), the costs and expenses of administration, and reasonable funeral expenses.".
(3) The name of each person entitled to at least a part interest in the real property as a result of a decedent's death, the share to which each person is entitled, and whether the share is a divided or undivided interest.
(4) A statement which explains how each person's share has been determined.
Formerly: Acts 1953, c.112, s.803; Acts 1959, c.239, s.1; Acts 1965, c.379, s.3; Acts 1971, P.L.406, SEC.2; Acts 1975, P.L.288, SEC.14. As amended by P.L.146-1984, SEC.2; P.L.118-1997, SEC.17; P.L.42-1998, SEC.2; P.L.95-2007, SEC.8; P.L.220-2011, SEC.473; P.L.194-2017, SEC.4; P.L.231-2019, SEC.14; P.L.56-2020, SEC.5; P.L.105-2022, SEC.19; P.L.151-2022, SEC.2; P.L.162-2022, SEC.8.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-4. Closing of Estate; Statement

Sec. 4. (a) As used in this section, "fiduciary" means:
(1) the personal representative of an unsupervised estate; or
(2) a person appointed by a court under this title to act on behalf of the decedent or the decedent's distributees.
(b) Unless prohibited by order of the court and except for estates being administered by supervised personal representatives, a fiduciary may close an estate administered under the summary procedures of section 3 of this chapter by disbursing and distributing the estate assets to the distributees and other persons entitled to those assets, and by filing with the court, at any time after disbursement and distribution of the estate, a verified statement stating that:
(1) to the best knowledge of the fiduciary, the value of the gross probate estate, less liens and encumbrances, did not exceed the sum of:
(A) twenty-five thousand dollars ($25,000), for the estate of an individual who dies before July 1, 2006, fifty thousand dollars ($50,000), for the estate of an individual who dies after June 30, 2006, and before July 1, 2022, and one hundred thousand dollars ($100,000), for the estate of an individual who dies after June 30, 2022;
(B) the costs and expenses of administration; and
(C) reasonable funeral expenses;
(2) the fiduciary has fully administered the estate by disbursing and distributing it to the persons entitled to it; and
(3) the fiduciary has sent a copy of the closing statement to all distributees of the estate and to all known creditors or other claimants of whom the fiduciary is aware and has furnished a full accounting in writing of the administration to the distributees whose interests are affected.
(c) If no actions, claims, objections, or proceedings involving the fiduciary are filed in the court within two (2) months after the closing statement is filed, the closing statement filed under this section has the same effect as one filed under IC 29-1-7.5-4, and the appointment of the personal representative or the duties of the fiduciary, as applicable, shall terminate.
(d) A copy of any affidavit recorded under section 3(c) of this chapter must be attached to the closing statement filed under this section.
Formerly: Acts 1953, c.112, s.804; Acts 1971, P.L.406, SEC.3; Acts 1975, P.L.288, SEC.15. As amended by Acts 1976, P.L.125, SEC.4; Acts 1977, P.L.297, SEC.2; P.L.146-1984, SEC.3; P.L.95-2007, SEC.9; P.L.220-2011, SEC.474; P.L.194-2017, SEC.5; P.L.231-2019, SEC.15; P.L.56-2020, SEC.6; P.L.105-2022, SEC.20; P.L.151-2022, SEC.3; P.L.162-2022, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-4.5. Affidavit of Entitlement to Property; Enforcement Action; Remedies

Sec. 4.5. (a) A distributee entitled to payment or delivery of the property belonging to the decedent or someone acting on a distributee's behalf may present to the court having jurisdiction over the decedent's estate an affidavit containing a statement of the conditions required under section 1(b) of this chapter. Upon receipt of the affidavit, the court may, without notice and hearing, enter an order that the distributees identified in the affidavit are entitled to payment or delivery of the property.
(b) A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action under subsection (a) if the person indebted to the decedent or holding property of the decedent, other than an insurer regulated under IC 27:
(1) acted in bad faith in refusing to pay or deliver the property belonging to the decedent; or
(2) refused to respond within thirty (30) business days after receiving an affidavit from the person bringing an action under this section, if the affidavit is consistent with section 1 of this chapter.
(c) A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action under subsection (a) against an insurer regulated under IC 27 if:
(1) the insurer failed to respond pursuant to IC 27 after receiving an affidavit from the person; and
(2) the affidavit is consistent with section 1 of this chapter.
As added by Acts 1978, P.L.132, SEC.6. Amended by P.L.61-2006, SEC.5; P.L.51-2014, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-8. Payment of Claims; Accounting; Closing Administration

Sec. 8. Whenever, after the inventory has been filed by a personal representative, it is established that the estate of a decedent, exclusive allowance to the surviving spouse or dependent children, does not exceed an amount sufficient to pay the claims of classes 1 to 6 inclusive, the personal representative upon order of the court shall pay the same in the order provided and thereafter present his account with an application for the settlement and allowance thereof. Thereupon, the court, with or without notice, may adjust, correct, settle, allow or disallow such account, and, if the account is settled and allowed, decree final distribution, discharge the personal representative and close the administration.
Formerly: Acts 1953, c.112, s.808; Acts 1975, P.L.288, SEC.16.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-9. Prepaid Funeral Expenses; Last Illness Expense

Sec. 9. This article shall not be construed to prevent the application by any person, association or corporation of all or any portion of any obligation owed to a decedent's estate and designed, intended or created for the purpose of paying the funeral expenses or expenses of the last illness of the deceased from directly applying the proceeds of such obligation for such purpose. The payment of such expenses by the obligor or person holding such funds shall be a complete defense to the extent of such payment to the demand of any person on behalf of such estate or any other claimant.
Formerly: Acts 1953, c.112, s.809. As amended by Acts 1982, P.L.171, SEC.26.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-10. Nonprobate Transfer by a Transferee That Is a Testamentary Trust Established in a Will; Application

Sec. 10. (a) This section applies only to a nonprobate transfer (as defined in IC 32-17-13-1) by a transferee that is a testamentary trust established in a will that is admitted to probate under this article.
(b) All of the following apply to a nonprobate transfer described in subsection (a):
(1) The nonprobate transfer is considered effective upon the decedent's death, if the decedent's will is admitted to probate, regardless of when the will is admitted to probate.
(2) The nonprobate transfer:
(A) does not constitute part of the estate (as defined in IC 29-1-1-3); and
(B) is not subject to claims other than as provided in IC 32-17-13.
(3) The nonprobate transfer is not considered the decedent's transfer to the testamentary trust by the decedent's will for all other purposes of the Indiana Code.
As added by P.L.81-2015, SEC.16.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 8. Dispensing With Administration › 29-1-8-12. Disbanding Political Committee by Personal Representative of Decedent Who Was Candidate or Treasurer of a Candidate's Committee

Sec. 12. A personal representative of a decedent who was a treasurer or candidate for office may disband the committee associated with the decedent's office or campaign.
As added by P.L.227-2023, SEC.137.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 9. Adjudicated Compromise of Controversies › 29-1-9-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
As added by P.L.220-2011, SEC.475.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 9. Adjudicated Compromise of Controversies › 29-1-9-1. Persons Represented; Creditors; Taxing Authorities

Sec. 1. The compromise of any contest or controversy as to:
(a) admission to probate of any instrument offered as the last will of any decedent,
(b) the construction, validity or effect of any such instrument,
(c) the rights or interests in the estate of the decedent of any person, whether claiming under a will or as heir,
(d) the rights or interests of any beneficiary of any testamentary trust, or
(e) the administration of the estate of any decedent or of any testamentary trust,
whether or not there is or may be any person interested who is a minor or otherwise without legal capacity to act in person or whose present existence or whereabouts cannot be ascertained, or whether or not there is any inalienable estate or future contingent interest which may be affected by such compromise, shall, if made in accordance with the provisions of this article, be lawful and binding upon all the parties thereto, whether born or unborn, ascertained or unascertained, including such as are represented by trustees, guardians of estates and guardians ad litem; but no such compromise shall in any way impair the rights of creditors or of taxing authorities.
Formerly: Acts 1953, c.112, s.901. As amended by Acts 1982, P.L.171, SEC.27.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 9. Adjudicated Compromise of Controversies › 29-1-9-2. Terms of Agreement; Execution; Guardian Ad Litem

Sec. 2. (a) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons having interests or claims which will or may be affected by the compromise, except those who may be living but whose present existence or whereabouts is unknown and cannot after diligent search be ascertained.
(b) Any interested person may then submit the agreement to the court for its approval and for the purpose of directing the agreement's execution by the personal representative of the estate, by the trustees of every testamentary trust which will be affected by the compromise, and by the guardians of the estates of minors, of incapacitated persons, of unborn and unascertained persons, and of persons whose present existence or whereabouts is unknown and cannot after diligent search be ascertained, who might be affected by the compromise.
(c) IC 29-1-1-20 applies if there is any person who, if living, has an interest which may be affected by the compromise, but whose present existence or whereabouts cannot after diligent search be ascertained, or who is a minor or incapacitated and has no guardian of the estate, or if there is any future contingent interest which might be taken by any person not then in being and which might be affected by the compromise.
Formerly: Acts 1953, c.112, s.902. As amended by P.L.33-1989, SEC.38; P.L.118-1997, SEC.18.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 9. Adjudicated Compromise of Controversies › 29-1-9-3. Notice; Order Approving Agreement

Sec. 3. Upon due notice, in the manner directed by the court, to all interested persons in being, or to their guardians, and to the guardians of all unborn persons who may take contingent interests by the compromise, and to the personal representative of the estate and to all trustees of testamentary trusts which would be affected by the compromise, the court shall, if it finds that the contest or controversy is in good faith and that the effect of the agreement upon the interests of persons represented by fiduciaries is just and reasonable, make an order approving the agreement and directing the fiduciaries and guardians ad litem to execute such agreement. Upon the making of such order and the execution of the agreement, all further disposition of the estate shall be in accordance with the terms of the agreement.
Formerly: Acts 1953, c.112, s.903.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
As added by P.L.220-2011, SEC.476.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-2. Letters; Renouncing Right

Sec. 2. Any person entitled to letters testamentary or to general letters of administration may renounce his right thereto in writing, which renunciation shall be filed with the clerk.
Formerly: Acts 1953, c.112, s.1002.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-3. Letters; Issuance; Conditions

Sec. 3. Letters testamentary, of administration, of administration with the will annexed, de bonis non, and all other letters special or otherwise, shall be issued to the person entitled to receive the same when:
(a) Said person, if an individual, has taken and subscribed before the clerk or any other officer authorized to administer oaths, an oath or affirmation that he will faithfully discharge the duties of his trust according to law and has given such bond as may be required and the bond has been approved by the court.
(b) Some officer of the corporation, if the person is a corporation, has taken and subscribed before the clerk or any other officer authorized to administer oaths, an oath or affirmation that said bank or trust company will faithfully discharge the duties of its trust according to law, has filed an acceptance of the appointment, duly executed and acknowledged by one (1) of its officers and, if a bond is required to be filed by it, shall have filed such bond as may be required and the bond shall have been approved by the court. The oath and, if a bank or trust company, also the acceptance shall be filed and recorded as a part of the proceedings of the estate.
Formerly: Acts 1953, c.112, s.1003; Acts 1971, P.L.407, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-4. Letters; Evidence of Authority

Sec. 4. Letters issued to a personal representative, attested by the clerk, and under the seal of the court issuing them, shall be conclusive evidence of the authority of the person to whom they are issued until superseded or revoked, and shall extend to all the estate, personal and real, of the decedent within the state. The record of such letters and duly certified transcripts thereof, may be given in evidence with like effect as the originals.
Formerly: Acts 1953, c.112, s.1004.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-5. Actions or Proceedings; Evidence of Authority

Sec. 5. In any action or proceeding brought by the personal representative in such representative capacity, it shall not be necessary for him to make profert of his letters, nor shall his right to sue as such personal representative be questioned, unless the opposite party shall file a plea denying such right, with his affidavit to the truth thereof thereunto attached, in which case a copy of the letters issued to such personal representative, duly authenticated, shall be all the evidence necessary to establish such right.
Formerly: Acts 1953, c.112, s.1005.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-6. Removal of Personal Representatives for Reasons Other Than a Change in Control of a Corporate Fiduciary

Sec. 6. (a) This section does not apply to the removal of a corporate fiduciary after a change in control of the corporate fiduciary.
(b) When the personal representative becomes incapacitated (unless the incapacity is caused only by a physical illness, infirmity, or impairment), disqualified, unsuitable or incapable of discharging the representative's duties, has mismanaged the estate, failed to perform any duty imposed by law or by any lawful order of the court, or has ceased to be domiciled in Indiana, the court may remove the representative in accordance with either of the following:
(1) The court on its own motion may, or on petition of any person interested in the estate shall, order the representative to appear and show cause why the representative should not be removed. The order shall set forth in substance the alleged grounds upon which such removal is based, the time and place of the hearing, and may be served upon the personal representative in the same manner as a notice is served under this article.
(2) The court may without motion, petition or application, for any such cause, in cases of emergency, remove such personal representative instantly without notice or citation.
(c) The removal of a personal representative after letters are duly issued does not invalidate official acts performed prior to removal.
Formerly: Acts 1953, c.112, s.1006. As amended by Acts 1982, P.L.171, SEC.28; P.L.33-1989, SEC.40; P.L.143-2009, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-6.5. Removal of Personal Representative Following a Change in Control of a Corporate Fiduciary

Sec. 6.5. (a) This section does not apply to the removal of a personal representative under section 6 of this chapter.
(b) An interested person may petition the court for the removal of a corporate fiduciary appointed by the court as personal representative if there has been a change in the control of the corporate fiduciary and either of the following applies:
(1) The change in the control of the corporate fiduciary occurred after the date of the execution of the decedent's will but before the decedent's death.
(2) The change in the control of the corporate fiduciary occurred after the corporate fiduciary was appointed and during the administration of the decedent's estate.
(c) A petition described in subsection (b) must be filed:
(1) not later than thirty (30) days after an interested person receives notice under IC 29-1-7-7(c) or IC 29-1-7.5-1.5, in the case of a change of control described in subsection (b)(1); or
(2) not later than a reasonable time after the change of control, in the case of a change of control described in subsection (b)(2).
(d) The court may remove the corporate fiduciary if the court determines, after a hearing, that the removal is in the best interests of all interested persons. The court may replace the corporate fiduciary with another corporate fiduciary or an individual.
(e) For purposes of this section, a change in control of a corporate fiduciary occurs whenever a person or group of persons acting in concert acquires the beneficial ownership of a total of at least twenty-five percent (25%) of the outstanding voting stock of:
(1) a corporate fiduciary; or
(2) a corporation controlling a corporate fiduciary.
(f) The removal of a corporate fiduciary after letters are duly issued does not invalidate official acts performed before the removal.
(g) If a corporate fiduciary is replaced under this section, the corporate fiduciary is entitled to receive reasonable compensation for services rendered before the removal.
As added by P.L.143-2009, SEC.13. Amended by P.L.6-2010, SEC.8.