reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-20. Lien of State for Inheritance or Estate Taxes

Sec. 20. The lien of the state for inheritance or estate taxes shall not extend to any interest acquired by a purchaser, mortgagee, or lessee through any transfer made by a personal representative under a power contained in a will, under IC 29-1-7.5-3, or under order of the court.
Formerly: Acts 1953, c.112, s.1520. As amended by Acts 1976, P.L.125, SEC.7.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-21. Fees and Expenses

Sec. 21. In connection with the sale, mortgage, lease or exchange of property, the court may authorize the personal representative to pay, out of the proceeds realized therefrom or out of the estate, the customary and reasonable auctioneers' and brokers' fees and any necessary expenses for abstracting, title insurance, survey, revenue stamps and other necessary costs and expenses in connection therewith.
Formerly: Acts 1953, c.112, s.1521.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-22. Platting Real Property

Sec. 22. When it is for the best interests of the estate in order to dispose of real property, the court upon application by the personal representative or any other interested person, may authorize the personal representative, either alone or together with other owners, to plat any land belonging to the estate in accordance with the statutes in regard to platting.
Formerly: Acts 1953, c.112, s.1522.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 15. Sales, Mortgages, Leases, Exchanges─personal and Real Property › 29-1-15-23. Exchange of Property; Terms and Conditions

Sec. 23. Whenever it shall appear upon the petition of the personal representative or of any person interested in the estate to be to the best interests of the estate to exchange any real or personal property of the estate for other property, the court may authorize the exchange upon such terms and conditions as it may prescribe, which may include the payment or receipt of part cash by the personal representative. If personal property of the estate is to be exchanged, the proceedings required for the sale of such property shall apply so far as may be; if real property of the estate is to be exchanged, the procedure for the sale of such property shall apply so far as may be.
Formerly: Acts 1953, c.112, s.1523.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 6 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 6 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.478.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-1. Personal Liability, Loss to Estate

Sec. 1. (a) Every personal representative shall be liable for and chargeable in his accounts with all of the estate of the decedent which comes into his possession at any time, including all the income therefrom; but he shall not be accountable for any debts due to the decedent or other assets of the estate which remain uncollected without his fault. He shall not be entitled to any profit by the increase, nor be chargeable with loss by the decrease in value or destruction without his fault, of any part of the estate.
(b) Every personal representative shall be chargeable in his accounts with property not a part of the estate which comes into his hands at any time and shall be liable to the persons entitled thereto, if:
(1) the property was received, under a duty imposed on him by law in the capacity of personal representative; or
(2) he has commingled such property with the assets of the estate.
(c) Every personal representative shall be liable for any loss to the estate arising from his neglect or unreasonable delay in collecting the credits or other assets of the estate or in selling, mortgaging or leasing the property of the estate; for neglect in paying over money or delivering property of the estate he shall have in his hands; for failure to account for or to close the estate within the time provided by this article; for any loss to the estate arising from his embezzlement or commingling of the assets of the estate with other property; for loss to the estate through self-dealing; for any loss to the estate arising from wrongful acts or omissions of his co-representatives which he could have prevented by the exercise of ordinary care; and for any other negligent or wilful act or nonfeasance in his administration of the estate by which loss to the estate arises.
Formerly: Acts 1953, c.112, s.1601. As amended by Acts 1982, P.L.171, SEC.46.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-2. Closing Estate; Final Account

Sec. 2. Every personal representative shall close the estate as promptly as possible. Unless for good cause shown the time for filing the final account in the estate shall not exceed one (1) year from the appointment of a personal representative.
Formerly: Acts 1953, c.112, s.1602.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-3. Verified Account; Filing; Time

Sec. 3. Every personal representative may file in the court a verified account of his administration at any time prior to final settlement and distribution but every personal representative must file in the court a verified account of his administration.
(a) Upon filing a petition for final settlement;
(b) Upon the revocation of his letters;
(c) Upon his application to resign and before his resignation is accepted by the court;
(d) At any other time when directed by the court either of its own motion or on the application of any interested person.
Formerly: Acts 1953, c.112, s.1603.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-4. Schedules; Verification; Certified Public Accountant

Sec. 4. Accounts rendered to the court by a personal representative shall be for a period distinctly stated and shall consist of three (3) schedules, of which the first shall show the amount of the property chargeable to the personal representative; the second shall show payments, charges, losses and distributions; the third shall show the property on hand constituting the balance of such account, if any. When an account is filed, the personal representative shall also file receipts for disbursements of assets made during the period covered by the account. Whenever the personal representative is unable to file receipts for any disbursements, the court may permit him to substantiate them by other proof. The court may provide for an inspection of the balance of assets on hand. The court may, upon its own motion, or upon petition, provide that verification of accounts or credits thereon may be made by the unqualified certificate of a certified public accountant in lieu of receipts or other proof.
Formerly: Acts 1953, c.112, s.1604; Acts 1975, P.L.288, SEC.34.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-5. Petition to Settle and Allow; Petition to Distribute

Sec. 5. At the time of filing of an account the personal representative shall petition the court to settle and allow his account; and if the estate is in a proper condition to be closed, he shall also petition the court for an order authorizing him to distribute the estate, and shall specify in the petition the persons to whom distribution is to be made and the proportions or parts of the estate to which each is entitled. Petitions to settle or to distribute may be incorporated in the account in the absence of a court rule or order to the contrary.
Formerly: Acts 1953, c.112, s.1605.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-7. Objections; Modification

Sec. 7. As stated in section 6 of this chapter, any interested person may file written objections to any item or omission in the account. All such objections shall be specific and shall indicate the modification desired.
Formerly: Acts 1953, c.112, s.1607. As amended by P.L.162-2022, SEC.13.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-8. Approval or Disapproval; Appeals; Relief From Liability

Sec. 8. Upon the approval of the account of a personal representative, the personal representative and his sureties shall, subject to the right of appeal and to the power of the court to vacate its final orders, be relieved from liability for the administration of his trust during the accounting period, including the investment of the assets of the estate. The court may disapprove the account in whole or in part and surcharge the personal representative for any loss caused by any breach of duty.
Formerly: Acts 1953, c.112, s.1608.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-9. Death or Incompetency of Personal Representative; Out-of-State Residency

Sec. 9. (a) If the personal representative dies or becomes incompetent, his account shall be presented by his personal representative or the guardian of his estate to, and settled by, the court in which the estate of which he was personal representative is being administered and the the court shall settle the account as in other cases. The personal representative of the deceased personal representative shall have no authority as such to proceed with the administration.
(b) Where the deceased or incompetent person has no personal representative or guardian, the surety upon his bond shall file such account on his behalf.
(c) Where a personal representative is without the state, and fails to account as provided in this article, such account may be filed by his resident agent or by his surety or its resident agent and the court may compel the surety or its resident agent to file such account.
Formerly: Acts 1953, c.112, s.1609. As amended by Acts 1982, P.L.171, SEC.47.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 16. Accounting › 29-1-16-10. Noncompliance With Orders; Attachment; Imprisonment

Sec. 10. Any person who has been ordered to account as herein provided, and who fails to comply with such order, may be attached and imprisoned in order to enforce such compliance therewith.
Formerly: Acts 1953, c.112, s.1610.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-1. Order of Court; Perishable Property; Depreciable Property; Storage or Preservation; Income and Profits

Sec. 1. (a) At any time during the administration, upon application of the personal representative or any distributee, with or without notice as the court may direct, the court may order the personal representative to deliver to any distributee, who consents to it, possession of any specific real or tangible personal property to which he is entitled under the terms of the will or by intestacy, provided that other distributees and claimants are not prejudiced thereby. The court may at any time prior to the decree of final distribution order him to return such property to the personal representative if it is for the best interest of the estate. The court may require the distributee to give security for such return.
(b) At any time during the administration, when it is apparent that the estate is solvent, the court in its discretion may order distribution to the persons entitled thereto of such items of property of the estate as:
(1) are perishable in nature,
(2) would materially depreciate in value if distribution were delayed, or
(3) would necessitate the expenditure of estate funds for storage or preservation if not distributed.
Such distribution may be with or without security or notice to the interested parties as the court may direct.
(c) After the expiration of the time limited for the filing of claims and before final settlement of the accounts of the personal representative, a partial distribution may be decreed, with notice to interested persons as the court may direct. Such distribution shall be as conclusive as a decree of final distribution, except that the court may, as provided in section 2(d) of this chapter, modify such decree of partial distribution to the extent necessary to protect the other distributees and claimants, and assure them that they will receive the amount due them on final distribution. Before a partial distribution is so decreed, the court may require that security be given for the return of the property so distributed to the extent necessary to satisfy any distributees and claimants who may be prejudiced as aforesaid by the partial distribution.
(d) The person to whom possession or distribution has been made under the provisions of this section, shall be entitled to the income and profits from such property.
Formerly: Acts 1953, c.112, s.1701; Acts 1955, c.258, s.9. As amended by Acts 1982, P.L.171, SEC.48; P.L.163-2018, SEC.11.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-3. Abatement of Distributee Shares

Sec. 3. (a) Except as provided in subsection (b) hereof, shares of the distributees shall abate, for the payment of claims, legacies, the allowance provided by IC 29-1-4-1, the shares of pretermitted heirs or the share of the surviving spouse who elects to take against the will, without any preference or priority as between real and personal property, in the following order:
(1) Property not disposed of by the will.
(2) Property devised to the residuary devisee.
(3) Property disposed of by the will but not specifically devised and not devised to the residuary devisee.
(4) Property specifically devised.
A general devise charged on any specific property or fund shall, for purposes of abatement be deemed property specifically devised to the extent of the value of the thing on which it is charged. Upon the failure or insufficiency of the thing on which it is charged, it shall be deemed property not specifically devised to the extent of such failure or insufficiency.
(b) If the provisions of the will or the testamentary plan or the express or implied purpose of the devise would be defeated by the order of abatement stated in subsection (a) hereof, the shares of distributees shall abate in such other manner as may be found necessary to give effect to the intention of the testator.
Formerly: Acts 1953, c.112, s.1703. As amended by Acts 1981, P.L.260, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-4. Abatement of Distributee Shares; Contribution by Legatees and Devisees

Sec. 4. When real or personal property which has been specifically devised, or charged with a legacy, shall be sold or taken by the personal representative for the payment of:
(1) claims;
(2) general legacies;
(3) the allowance provided by IC 29-1-4-1;
(4) the shares of pretermitted heirs; or
(5) the share of the surviving spouse who elects to take against the will;
other legatees and devisees shall contribute according to their respective interests to the legatee or devisee whose legacy or devise has been sold or taken, so as to accomplish an abatement in accordance with the provisions of section 3 of this chapter. The court shall, at the time of the hearing on the petition for final distribution, determine the amounts of the respective contributions and whether the same shall be made before distribution or shall constitute a lien on specific property which is distributed.
Formerly: Acts 1953, c.112, s.1704. As amended by Acts 1981, P.L.260, SEC.3; P.L.42-2011, SEC.63.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-5. Advancements

Sec. 5. All questions of advancements made, or alleged to have been made, by an intestate to any heir may be heard and determined by the court before or at the time of the hearing on the petition for final distribution. The amount of every such advancement shall be specified in the decree of final distribution.
Formerly: Acts 1953, c.112, s.1705.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-6. Indebtedness of Distributee; Offset

Sec. 6. When a distributee of an estate is indebted to the estate, the amount of the indebtedness if due, or the present worth of the indebtedness, if not due, may be treated as an offset by the personal representative against any testate or intestate property, real or personal, of the estate to which such distributee is entitled; but such distributee shall be entitled to the benefit of any defense which would be available to him in a direct proceeding for the recovery of such debt.
Formerly: Acts 1953, c.112, s.1706.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-7. Income Received During Administration

Sec. 7. Unless the decedent's will provides otherwise, all income received by the personal representative during the administration of the estate shall constitute an asset of the estate the same as any other asset and the personal representative shall disburse, distribute, account for and administer said income as a part of the corpus of the estate.
Formerly: Acts 1953, c.112, s.1707.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-9. Specific Devise; Liens

Sec. 9. (a) As used in this section, "lien" refers to a mortgage, pledge, security interest, or other lien.
(b) When any real or personal property subject to a lien is specifically devised, the devisee shall take the devised property subject to the lien unless the will provides expressly or by necessary implication that the lien be otherwise paid. If the holder of a lien receives payment on a claim based upon the obligation secured by the lien, the devise which was subject to the lien shall be charged with the reimbursement to the estate of the amount of the payment for the benefit of the distributees entitled to the devise, unless the will provides expressly or by necessary implication that the payment be charged against the residue of the estate.
(c) For purposes of this section, a general directive in a will to pay debts does not imply an intent that a devise of property subject to a lien be distributed free from the lien.
Formerly: Acts 1953, c.112, s.1709. As amended by P.L.51-2014, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-10. Distribution in Kind; Partition Sale; Election of Distributee; Annuity; Good Faith Purchasers or Lenders

Sec. 10. (a) When the estate is otherwise ready to be distributed, it shall be distributed in kind to whatever extent it is practicable, unless the terms of the will otherwise provide or unless a partition sale is ordered. Except as provided in subsection (b) of this section, any general legatee may elect to take the value of his legacy in kind, and any distributee, who by the terms of the will is to receive land or any other thing to be purchased by the personal representative, may, if he notifies the personal representative before the thing is purchased, elect to take the purchase price or property of the estate which the personal representative would otherwise sell to obtain such purchase price. Values for the purposes of such distributions in kind shall be determined at a time not more than ten (10) days prior to the filing of the petition for distribution, and if necessary to avoid substantial inequities may be redetermined at any time prior to the order of distribution.
(b) If the terms of the will direct the purchase of an annuity, the person to whom the income thereof shall be directed to be paid shall not have the right to elect to take the capital sum directed to be used for such purchase in lieu of such annuity except to the extent that the will expressly provides that an assignable annuity be purchased. Nothing herein contained shall affect the rights of election by a surviving spouse against a testamentary provision as provided in this article.
(c) If property distributed in kind or a security interest therein is acquired in good faith for value by a purchaser from or lender to a distributee who has received an instrument or deed of distribution or release from the personal representative, or is so acquired in good faith by a purchaser from or lender to a transferee of the distributee, the purchaser or lender takes title free of any right of an interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order or the authority of the personal representative was terminated before execution of the instrument or deed. This subsection protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, and a purchaser from or lender to any other distributee or his transferee. To be protected under this subsection, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated before the distribution.
Formerly: Acts 1953, c.112, s.1710. As amended by Acts 1977, P.L.297, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-11. Undivided Interests; Distribution, Partition

Sec. 11. (a) When two (2) or more distributees are entitled to distribution of an undivided interest in any real or personal property of the estate, distribution shall be made of undivided interests in the property unless the personal representative or one (1) or more of the distributees petition the court for partition not later than the hearing on the petition for final distribution. If a petition is filed, the court, after notice is given to all interested persons as the court directs, shall proceed in accordance with IC 32-17-4-2.5. With respect to personal property, the person who files for partition shall conduct a title search with the bureau of motor vehicles (if the personal property is titled) or a search for liens under the Uniform Commercial Code (if the personal property is not titled). The person shall file a copy of the results of the search with the court.
(b) If a distribution of particular assets of a decedent is to be made to two (2) or more distributees that are entitled to receive fractional shares in the assets, the decedent's personal representative may, under an agreement among the distributees, distribute the particular assets without distributing to each distributee a pro rata share of each asset. However, the personal representative shall:
(1) distribute to each distributee a pro rata share of the total fair market value of all the particular assets as of the date of distribution; and
(2) divide the assets in a manner that results in a fair and equitable division among the distributees of any capital gain or loss on the assets.
Formerly: Acts 1953, c.112, s.1711. As amended by P.L.265-1989, SEC.1; P.L.41-2012, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-12. Unclaimed Estate Assets; Disposition Procedures; Escheat; Time Limit; Exceptions

Sec. 12. (a) If after reasonable search, satisfactory to the court, there shall be no known heir of the decedent, all of the decedent's net estate not disposed of by will shall be ordered paid to the state treasurer to become a part of the common school fund, subject to the further provisions of this section.
(b) If any heir, distributee, advisee, or claimant cannot be found after reasonable search, satisfactory to the court, the personal representative shall sell the share of the estate to which the heir, distributee, advisee, or claimant is entitled, pursuant to an order of court first obtained, and pay the proceeds to the clerk of the court for use and benefit of the person or persons thereafter determined to be entitled thereto according to law.
(c) When the personal representative shall pay any money to the state treasurer or clerk of the court pursuant to this section, the personal representative shall take a receipt therefor and file it with the court with the other receipts filed in the proceeding. Such receipt shall be sufficient to discharge the personal representative in the same manner and to the same extent as though such distribution or payment were made to a distributee or claimant entitled thereto.
(d) The moneys received by the state treasurer pursuant to the provisions of this section shall be paid to the person entitled on proof of the person's right thereto or in the case of an absentee, to the receiver of such absentee's property, or, if the state treasurer refuses or fails to pay because the state treasurer is doubtful as to the state treasurer's duties in the premises, such person may apply to the court in which the estate was administered, whereupon the court upon notice to the state treasurer may determine the person entitled thereto and order the treasurer to pay the same accordingly. No interest shall be allowed thereon and such distributee or claimant shall pay all costs and expenses incident to the proceedings. If such proceeds are not paid or no application is made to the court within seven (7) years after such payment to the state treasurer, no recovery thereof shall be had.
(e) This section does not apply to stocks, dividends, capital credits, patronage refunds, utility deposits, membership fees, account balances, or book equities for which the owner cannot be found and that are the result of distributable savings of a rural electric membership corporation formed under IC 8-1-13, a rural communications cooperative corporation formed under IC 8-1-17, or an agricultural cooperative association formed under IC 15-12-1.
Formerly: Acts 1953, c.112, s.1712. As amended by Acts 1981, P.L.106, SEC.4; P.L.2-2008, SEC.69; P.L.81-2020, SEC.16.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-13. Supplemental Reports; Discharge; Limitation of Actions

Sec. 13. Upon the filing of a supplemental report of distribution together with receipts or other evidence satisfactory to the court that distribution has been made as ordered in the final decree, the court shall enter an order of discharge. The discharge so obtained shall operate as a release from the duties of personal representative and shall operate as a bar to any suit including suits by persons under disability, against the personal representative and his sureties except suits which are commenced within one (1) year from the date of the discharge and are based solely upon alleged mistake, fraud or wilful misconduct on the part of the personal representative.
Formerly: Acts 1953, c.112, s.1713.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-14. Petition to Reopen Estate; Distribution of Assets Not Fully Administered in Lieu of Reopening the Estate

Sec. 14. (a) If, after an estate has been settled and the personal representative discharged, other property of the estate shall be discovered, or if it shall appear that any necessary act remains unperformed on the part of the personal representative, or for any other proper cause, the court, upon the petition of the discharged personal representative or any person interested in the estate and, without notice or upon such notice as it may direct, may order that said estate be reopened. It may reappoint the personal representative or appoint another personal representative to administer such property or perform such act as may be deemed necessary. Unless the court shall otherwise order, the provisions of this article as to an original administration shall apply to the proceedings had in the reopened administration so far as may be, but no claim which is already barred can be asserted in the reopened administration.
(b) Except as provided in section 13.5 of this chapter, whenever any solvent estate has been closed, and it thereafter appears that any assets thereof have not been fully administered upon, the court may, if it appears practicable, order such assets distributed to, or title vested in, the persons entitled thereto in lieu of reopening the estate as provided in the preceding subsection. No additional notice of such proceedings shall be necessary unless so ordered by the court.
Formerly: Acts 1953, c.112, s.1714. As amended by Acts 1982, P.L.171, SEC.49; P.L.254-1997(ss), SEC.29; P.L.79-2017, SEC.72; P.L.150-2022, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-15.1. Petition to Determine Heirs of Estate; Contents; Notice; Hearing; Decree

Sec. 15.1. (a) Whenever any person has died leaving property or any interest in property and no general administration has been commenced on the person's estate in this state, nor has any will been offered for probate in this state, within five (5) months after the person's death, any person claiming an interest in such property as heir or through an heir may file a petition in any court which would be of proper venue for the administration of such decedent's estate, to determine the heirs of said decedent and their respective interests as heirs in the estate.
(b) The petition shall state:
(1) The name, age, domicile and date of death of the decedent;
(2) The names, ages and residence addresses of the heirs, so far as known or can with reasonable diligence be ascertained;
(3) The names and residence addresses of any persons claiming any interest in such property through an heir, so far as known or can by reasonable diligence be ascertained;
(4) A particular description of the property with respect to which such determination is sought; and
(5) The net value of the estate.
(c) Upon the filing of the petition, the court shall fix the time for the hearing, thereof, notice of which shall be given to:
(1) All persons known or believed to claim any interest in the property as heir or through an heir of the decedent;
(2) All persons who may at the date of the filing of the petition be shown by the records of conveyances of the county in which any real property described in such petition is located to claim any interest therein through the heirs of the decedent; and
(3) Any unknown heirs of the decedent.
Such notice shall be given by publication and, in addition personal notice through the E-filing System of the Indiana Courts or by first class postage prepaid mail, shall be given to every such person whose address is known to the petitioner. Upon satisfactory proofs the court shall make a decree determining the heirs of said decedent and their respective interests as heirs in said property.
(d) A certified copy of the decree shall be recorded at the expense of the petitioner in each county in which any real property described in the decree is situated except the county in which the decree is entered, and shall be conclusive evidence of the facts determined in the decree as against all parties to the proceedings.
Formerly: Acts 1973, P.L.289, SEC.2; Acts 1975, P.L.288, SEC.37. As amended by P.L.79-2017, SEC.73; P.L.136-2018, SEC.218; P.L.162-2022, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 17. Distribution and Discharge › 29-1-17-16. Rules of Equity; Relief Not Limited

Sec. 16. The limitations provided for in IC 29-1-1-21 and section 13 of this chapter shall not deprive any interested person of the relief now afforded him under the rules of equity.
Formerly: Acts 1953, c.112, s.1716. As amended by Acts 1982, P.L.171, SEC.50.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-1. Definitions

Sec. 1. As used in this chapter:
"Person" means an individual, a partnership, a limited liability company, a corporation, or an association.
"Department" refers to the United States Department of Veterans Affairs.
"Income" means money received from the Department and revenue or profit from any property wholly or partially acquired therewith.
"Estate" means income on hand and assets acquired partially or wholly with "income".
"Benefits" means all money paid or payable by the United States through the department.
"Protected person" means a beneficiary of the department.
"Guardian" means any fiduciary for the person or estate of a protected person or a person designated by a protective order issued under IC 29-3 to act on behalf of a protected person.
"Secretary" refers to the secretary of the department.
Formerly: Acts 1953, c.112, s.2001. As amended by Acts 1982, P.L.171, SEC.63; P.L.33-1989, SEC.41; P.L.1-1990, SEC.267; P.L.8-1993, SEC.460.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-2. Party in Interest; Notice of Hearing

Sec. 2. The Secretary shall be a party in interest in any proceeding:
(1) for the appointment or removal of a guardian;
(2) for the recognition that an individual is no longer a minor or an incapacitated person (as defined in IC 29-3-1-7.5); and
(3) affecting in any manner the administration by the guardian of the estate of any present or former protected person whose estate includes assets derived in whole or in part from benefits paid at any time by the Department.
Not less than fifteen (15) days before the hearing on the matter, notice in writing of the time and place of the hearing shall be given by mail (unless waived in writing) to the office of the Department having jurisdiction over the area in which the suit or proceeding is pending.
Formerly: Acts 1953, c.112, s.2002. As amended by P.L.33-1989, SEC.42.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-3. Appointment of Guardian

Sec. 3. Whenever, pursuant to any law of the United States or regulation of the department, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner provided in this chapter.
Formerly: Acts 1953, c.112, s.2003. As amended by P.L.1-1990, SEC.268.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-5. Petition for Appointment

Sec. 5. (a) A petition for the appointment of a guardian may be filed by any relative or friend of the incapacitated person or minor or by any person who is authorized by law to file such a petition. If there is no person authorized to file or if the person authorized to file refuses or fails to file a petition within thirty (30) days after mailing of notice by the Department to the last known address of the person, if any, indicating the necessity for the filing of a petition, a petition for appointment may be filed by any resident of Indiana.
(b) The petition for appointment shall set forth the name, age, place of residence of the protected person, the name and place of residence of the nearest relative, if known, and the fact that the protected person is entitled to receive benefits payable by or through the Department and shall set forth the amount of money then due and the amount of probable future payments.
(c) The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the protected person and the name, age, relationship, if any, occupation, and address of the proposed guardian, and, if the nominee is a natural person, the number of protected persons for whom the nominee is presently acting as guardian. Notwithstanding any law as to priority of persons entitled to appointment, or the nomination in the petition, the court may appoint some other individual or a bank or trust company as guardian, if the court determines it is for the best interest of the protected person.
(d) In the case of an incapacitated person the petition shall show that the person has been rated incapacitated by the Department on examination in accordance with the laws and regulations governing the Department.
Formerly: Acts 1953, c.112, s.2005. As amended by P.L.33-1989, SEC.43.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-6. Appointment of Guardian; Condition Precedent to Payment of Veterans' Benefits; Minor Ward

Sec. 6. Where a petition is filed for the appointment of a guardian for a minor, a certificate of the secretary or the secretary's authorized representative, setting forth the age of such minor as shown by the records of the department and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the department shall be prima facie evidence of the necessity for such appointment.
Formerly: Acts 1953, c.112, s.2006. As amended by P.L.1-1990, SEC.269.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-7. Appointment of Guardian; Condition Precedent to Payment of Veterans' Benefits; Incapacitated Person

Sec. 7. Where a petition is filed for the appointment of a guardian for an incapacitated person, a certificate of the administrator or the administrator's duly authorized representative that the person has been rated incompetent or incapacitated by the Department on examination in accordance with the laws and regulations governing the Department and that the appointment of a guardian or the issuance of a protective order is a condition precedent to the payment of money due the protected person by the Department shall be prima facie evidence of the necessity for the appointment.
Formerly: Acts 1953, c.112, s.2007. As amended by P.L.33-1989, SEC.44.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-8. Filing Petitions; Notice

Sec. 8. Upon the filing of a petition for the appointment of a guardian or the issuance of a protective order under this article, notice shall be given to the incapacitated person, and to other persons and the department by certified mail.
Formerly: Acts 1953, c.112, s.2008. As amended by Acts 1982, P.L.171, SEC.64; P.L.33-1989, SEC.45; P.L.95-2007, SEC.12.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-9. Bond of Guardian

Sec. 9. (a) Upon appointment, a guardian shall execute and file bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the protected person during the ensuing year. The bond shall be in the form and be conditioned as required of guardians appointed under IC 29-3-7. The court may from time to time require the guardian to file an additional bond. Any bank or trust company organized under the laws of the state, or of the United States of America, and operating a bank or trust company, which is located within Indiana, which is now acting, or which may act as a guardian under this chapter, is exempt from furnishing the bond required in this subsection to the same extent and in the same manner as a bank or trust company, when acting in a fiduciary capacity, is relieved from filing a bond under the provisions of IC 28-2-7.
(b) Where a bond is tendered by a guardian with personal sureties, there shall be at least one (1) or more surety or sureties and the guardian or sureties shall file with the court a certificate under oath which shall describe the property owned, both real and personal, and shall state that each is worth the sum named in the bond as the penalty thereof over and above all the guardian's debts and liabilities and the aggregate of other bonds on which the guardian is principal or surety and exclusive of property exempt from execution. The court may require additional security or may require a corporate surety bond, the premium thereon to be paid from the ward's estate.
Formerly: Acts 1953, c.112, s.2009; Acts 1961, c.93, s.1; Acts 1971, P.L.413, SEC.1. As amended by Acts 1982, P.L.171, SEC.65; P.L.33-1989, SEC.46.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-11. Removal of Guardian

Sec. 11. If any guardian shall fail to file with the court any account as required by this article or by an order of the court when any account is due or within thirty (30) days after citation issues as provided by law, or shall fail to furnish the department a true copy of any account, petition, or pleading as required by this article, such failure may in the discretion of the court be ground for removal.
Formerly: Acts 1953, c.112, s.2011. As amended by Acts 1982, P.L.171, SEC.66; P.L.1-1990, SEC.270.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-12. Compensation of Guardian; Liquidation of Loans or Investments

Sec. 12. (a) Compensation payable to guardians shall:
(1) be based upon services rendered; and
(2) not exceed either five percent (5%) of the amount of moneys received or such larger amount as may be established by the court during the period covered by the account.
(b) In the event of extraordinary services by any guardian, the court, upon petition and hearing thereon, may authorize reasonable additional compensation for the services. A copy of the petition and notice of hearing on the petition shall be given the proper office of the department in the manner provided in the case of hearing on a guardian's account or other pleading.
(c) No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.
Formerly: Acts 1953, c.112, s.2012; Acts 1971, P.L.413, SEC.3. As amended by P.L.1-1990, SEC.271.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-14. Support; Maintenance; Education

Sec. 14. (a) A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the protected person, the spouse, and the children under the age of eighteen (18) years of the protected person, except upon petition to and prior order of the court after a hearing. A signed duplicate or certified copy of the petition shall be furnished the proper office of the Department and notice of hearing shall be given the office as provided in the case of hearing on a guardian's account or other pleading.
(b) If the protected person is a child under the age of eighteen (18) years, and the parents or those standing in loco parentis are able to care for, maintain, and educate the protected person, neither the income nor the principal shall be expended for any purpose except as ordered by the court.
Formerly: Acts 1953, c.112, s.2014; Acts 1973, P.L.287, SEC.11. As amended by P.L.33-1989, SEC.49.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-15. Real Estate Acquisition

Sec. 15. (a) The court may authorize the purchase of the entire fee simple title to real estate in Indiana in which the guardian has no interest, but only as a home for the ward, or to protect the ward's interest, or (if the ward is not a minor) as a home for the ward's dependent family.
(b) Such purchase of real estate shall not be made except upon the entry of an order of the court after hearing upon verified petition. A copy of the petition shall be furnished the proper office of the department and notice of hearing on the petition shall be given the office as provided in the case of hearing on a guardian's account.
(c) Before authorizing such investment the court shall require written evidence of value and of title and of the advisability of acquiring such real estate. Title shall be taken in the ward's name.
(d) This section does not limit the right of the guardian:
(1) on behalf of the ward to bid and to become the purchaser of real estate at a sale of the real estate pursuant to decree of foreclosure of lien held by or for the ward, or at a trustee's sale, to protect the ward's right in the property so foreclosed or sold; or
(2) if such be necessary to protect the ward's interest and upon prior order of the court in which the guardianship is pending, to agree with co-tenants of the ward for a partition in kind, or to purchase from co-tenants the entire undivided interests held by them, or to bid and purchase the same at a sale under a partition decree, or to compromise adverse claims of title to the ward's realty.
Formerly: Acts 1953, c.112, s.2015. As amended by P.L.1-1990, SEC.272.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-16. Copies of Records; Determining Eligibility

Sec. 16. When a copy of any public record is required by the department to be used in determining the eligibility of any person to participate in benefits made available by the department, the official custodian of such public record shall without charge provide the applicant for such benefits or any person acting on the applicant's behalf or the authorized representative of the department with a certified copy of such record.
Formerly: Acts 1953, c.112, s.2016. As amended by P.L.1-1990, SEC.273.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-17. Discharge of Guardian

Sec. 17. In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Department showing that a minor has attained majority or that the incapacitated person has been rated competent by the Department upon examination in accordance with law shall be prima facie evidence that the minor has attained majority, or the incapacitated person has recovered competency. Upon hearing after notice as provided in this chapter and the determination by the court that the minor has attained majority or the incapacitated person has recovered competency, an order shall be entered to that effect, and the guardian shall file a final account within sixty (60) days of such determination. Upon hearing after notice to the former protected person and to the Department as in case of other accounts, upon approval of the final account, and upon delivery to the protected person of the assets due from the guardian, the guardian shall be discharged and the guardian's sureties released.
Formerly: Acts 1953, c.112, s.2017; Acts 1971, P.L.413, SEC.4. As amended by P.L.33-1989, SEC.50.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 19. Department of Veterans Affairs › 29-1-19-18. Application of Certain Provisions of Chapter

Sec. 18. The provisions of this chapter relating to surety bonds and the administration of estates of protected persons shall apply to all income and estate as defined in section 1 of this chapter whether the guardian has been appointed under this chapter or under any other law of this state, special or general, prior or subsequent to January 1, 1954.
Formerly: Acts 1953, c.112, s.2018. As amended by Acts 1982, P.L.171, SEC.67; P.L.33-1989, SEC.51.