reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 20. Verification and Oaths › 29-1-20-1. Affirmation or Representation; Form

Sec. 1. (a) Wherever in this article it is provided that any pleading, petition, report, or other document of any kind be verified, or that an oath be taken, it shall be sufficient if the subscriber simply affirms the truth of the matter to be verified by an affirmation or representation in substantially the following language: "I (we) affirm, under the penalties for perjury, that the foregoing representation(s) is (are) true.
(SIGNED) ____________________"
(b) Any person who falsifies an affirmation or representation of fact shall be subject to the same penalties as are prescribed by law for the making of a false affidavit.
Formerly: Acts 1953, c.112, s.2503; Acts 1959, c.200, s.1. As amended by Acts 1982, P.L.171, SEC.68.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-1. Purpose of Chapter; Presumptions

Sec. 1. The purpose of this chapter is to provide rules for the valid execution, attestation, self-proving, and probate of wills that are prepared and signed electronically. This chapter shall be applied fairly and flexibly so that a testator whose identity can be verified, who has testamentary capacity, and who is acting free from duress and undue influence may execute a valid electronic will consistent with the testator's intent. If an electronic will is properly and electronically signed by the testator and by the witnesses and is maintained as an electronic record or as a complete converted copy in compliance with this chapter, all the normal presumptions that apply to a traditional paper will that is validly signed and executed apply to an electronic will.
As added by P.L.40-2018, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-2. Exclusive Authority; Application of Other Statutes

Sec. 2. (a) Except as provided in subsection (b), electronic wills are exclusively governed by this chapter.
(b) If this chapter does not provide an explicit definition, form, rule, or statute concerning the creation, execution, probate, interpretation, storage, or use of an electronic will, the applicable statute from this article shall apply to the electronic will.
As added by P.L.40-2018, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-4.1. Certain Wills Executed in Reliance on Supreme Court Order

Sec. 4.1. (a) This section applies to a will or codicil that is electronically signed and witnessed:
(1) on or after March 31, 2020;
(2) before January 1, 2021; and
(3) in reliance on the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237, and by the supreme court's orders signed and filed on May 29, 2020, and November 10, 2020, under case number 20S-CB-123.
(b) Notwithstanding any other law or provision, a will or codicil described in subsection (a) that was electronically signed and witnessed in compliance with:
(1) the procedures and requirements set forth in the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237 and as supplemented or extended by the supreme court's order signed and filed on May 1, 2020, under case number 20S-MS-237 and by the supreme court's order signed and filed on November 10, 2020, under case number 20S-CB-123; or
(2) the procedures and requirements set forth in section 4 of this chapter;
does not need to be reexecuted or reratified in compliance with the witnessing procedures specified under section 4 of this chapter or IC 29-1-5-3 as they existed on June 30, 2020.
(c) A proponent who offers an electronic will for probate may demonstrate prima facie compliance with subsection (b) by relying on the contents of a self-proving clause or by describing compliance in a verified petition under IC 29-1-7-4. A person contesting the validity of an electronic will described in subsection (b) has the burden of proving noncompliance with subsection (b).
As added by P.L.185-2021, SEC.8.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-5. Recordings; Photographs; Admissibility

Sec. 5. Subject to the applicable Indiana Rules of Evidence and the Indiana Rules of Trial Procedure, a video recording, one (1) or more photographs, or an audio recording of part or all of an electronic will's execution or a video recording of a testator either before or after the execution of an electronic will may be admissible as evidence of the following:
(1) The proper execution of an electronic will in compliance with section 4 of this chapter.
(2) The intentions of the testator.
(3) The mental state or capacity of the testator.
(4) The absence of undue influence or duress with respect to the testator.
(5) Verification of the testator's identity.
(6) Evidence that a complete converted copy of an electronic will should be admitted to probate.
(7) Whether a will whose execution failed to fully comply with section 4 of this chapter should be admitted to probate as a valid traditional paper will.
(8) Any other matter the court considers relevant to the probate of an electronic will.
As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-7. Execution of Electronic Will

Sec. 7. An electronic will is legally executed if the manner of its execution complies with the law of:
(1) this state;
(2) the jurisdiction that the testator is actually present in at the time of execution; or
(3) the domicile of the testator at the time of execution or at the time of the testator's death.
As added by P.L.40-2018, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-9. Use of Converted Copy; Affidavit

Sec. 9. (a) If:
(1) a person discovers an accurate and substantially complete copy of an electronic will that:
(A) bears the signatures of the testator and attesting witnesses; and
(B) lacks some other portion of the electronic will; or
(2) the electronic record for an electronic will becomes lost or corrupted so that the absence of unauthorized alteration or tampering cannot be assured by viewing the electronic record;
the attorney, custodian, or living testator with access to a complete nonelectronic copy of the electronic will or the person described in subdivision (1) may prepare a complete converted copy of the electronic will using all available information.
(b) A person who creates a complete converted copy of an electronic will under subsection (a) shall sign an affidavit that specifies the following:
(1) When the electronic will was created if not specified in the body of the electronic will.
(2) When the electronic will was discovered.
(3) How the electronic will was discovered.
(4) The method and format that the electronic will was stored under (if known).
(5) The methods (if any) used to:
(A) prevent alterations to the electronic record; or
(B) ensure the accuracy and authenticity of the electronic record.
(6) Whether the electronic will has been altered since its creation.
(7) Confirmation that an electronic record, including any associated document integrity evidence for the electronic will, was created at the time the testator made the electronic will.
(8) Confirmation by the person responsible for:
(A) creating the complete converted copy; and
(B) signing the affidavit;
that, to the best of the person's knowledge, the electronic record has not been altered while in the custody of the current custodian or any prior custodian.
(9) Confirmation that the complete converted copy is a complete and correct duplication of:
(A) the electronic will; and
(B) the date, place, and time of the electronic will's execution by the testator and the attesting witnesses.
(c) A complete converted copy derived from a complete and correct electronic will may be offered for and admitted to probate in the same manner as a traditional paper will.
(d) A complete converted copy derived from a complete and correct self-proved electronic will shall be presumed to be valid and, absent any objection, admitted to probate without the need for additional proof.
(e) If a complete converted copy is generated from a complete and intact electronic record associated with an electronic will at or after the time of its execution, the person who generates the complete converted copy is not required to sign the affidavit described in subsection (b).
As added by P.L.40-2018, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-11. Delivery of Electronic Will; Recipients; Methods of Delivery

Sec. 11. (a) After a testator's death becomes known to a custodian or other person authorized to act on behalf of the testator, custody of the electronic record associated with the testator's will or a complete converted copy of the testator's electronic will shall be delivered to one (1) of the following individuals, in decreasing order of priority, unless the testator has left other written instructions concerning the disposition of the testator's electronic will:
(1) A person nominated in the electronic will as a personal representative of the testator's estate and having priority to seek appointment.
(2) A surviving spouse of the testator.
(3) A living adult child of the testator.
(4) A living parent of the testator.
(5) A living adult sibling of the testator.
(6) A beneficiary named or defined in the electronic will and entitled to share in the testator's residuary probate estate.
(7) The clerk of the probate court having jurisdiction over the testator's estate if the custodian or other person authorized to act on behalf of the testator has knowledge of:
(A) the testator's domicile; or
(B) the location of the testator's property at the time of the testator's death.
The custodian or other person may use any means of delivery, including electronic means, that is commercially reasonable.
(b) After the death of a testator, subsection (a) and IC 29-1-7-3(b) and IC 29-1-7-3(c) shall apply to electronic wills and permit the personal representative named in an electronic will or any other interested person to file a verified written application requesting a probate court with subject matter jurisdiction to order the delivery of the electronic will to the clerk of the probate court.
(c) If a custodian or other person has possession of both the electronic record for a deceased testator's electronic will and a complete converted copy of the electronic will:
(1) the custodian or other person shall deliver only the complete converted copy of the electronic will if delivery is made to the clerk of the probate court under subsection (a)(7); and
(2) the custodian or other person shall deliver both the electronic record and the complete converted copy of the electronic will if delivery is made to a person named in the testator's written instructions or to any other person listed in subsection (a).
(d) If the custodian or other person delivers the electronic will to the clerk of the probate court under subsection (a)(7) or subsection (b), the custodian or other person shall deliver only a complete converted copy of the electronic will to the clerk, unless the court rules or other applicable laws specifically require otherwise.
As added by P.L.40-2018, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-12. "Destroy"; Destruction of Electronic Will

Sec. 12. (a) As used in this section, "destroy" means any act that:
(1) permanently deletes the electronic record associated with an electronic will; or
(2) renders the electronic record associated with an electronic will unreadable and nonretrievable.
(b) Any custodian or attorney holding an electronic will may destroy the electronic record associated with the electronic will and any accompanying document integrity evidence (as applicable) at any time following the:
(1) fifth anniversary of a testator's will being admitted to probate;
(2) fifth anniversary of the date that the custodian ceases to have custody of the electronic will;
(3) tenth anniversary of the testator's death;
(4) one hundredth anniversary of an electronic will's execution; or
(5) valid revocation of an electronic will.
(c) This section does not require a custodian, attorney, or other person to destroy a complete converted copy of an electronic will.
As added by P.L.40-2018, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-14. Prima Facie Evidence of Validity

Sec. 14. (a) Regardless of the number of custodians or other persons who receive, hold, or transfer copies of an electronic record for an electronic will to other custodians, other authorized persons, or the testator:
(1) the electronic record, including any accompanying document integrity evidence (if applicable), is prima facie evidence of:
(A) the validity of the electronic will; and
(B) freedom from unauthorized alteration or tampering unless evidence of alteration or tampering is evident on the face of the electronic record;
(2) a complete converted copy of an electronic will is prima facie evidence of:
(A) the validity of the electronic will; and
(B) freedom from unauthorized alteration or tampering;
if the electronic will was executed in compliance with this chapter; and
(3) except as provided in section 16(e)(2) of this chapter, a custodian or other person is not required to make or issue an affidavit regarding the custodian's or other person's custody of the electronic record for an electronic will or custody of a complete converted copy of the electronic will. Any custodian or other person may, however, make an affidavit of regularity under section 13 of this chapter if any objection is asserted or any doubt is raised concerning the validity of the electronic will or about any alleged unauthorized alteration of the electronic will.
(b) The presumption of:
(1) validity; and
(2) freedom from unauthorized alteration or tampering;
described in subsection (a) may be rebutted by clear and convincing evidence or by evidence that the testator executed another electronic will or traditional paper will at a later date.
As added by P.L.40-2018, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-15. "Electronic Will Copy"; Deposit of Electronic Will

Sec. 15. (a) As used in this section, "electronic will copy" means a complete converted copy of an electronic will that is deposited with a circuit court clerk under IC 29-1-7-3.1.
(b) The following shall apply to the deposit of an electronic will copy with circuit court clerks:
(1) IC 29-1-7-3.1(a).
(2) IC 29-1-7-3.1(b).
(3) IC 29-1-7-3.1(d).
(4) IC 29-1-7-3.1(e).
(5) IC 29-1-7-3.1(g).
(6) IC 29-1-7-3.1(h).
(7) IC 29-1-7-3.1(i).
(8) IC 29-1-7-3.1(j).
(c) A person or depositor may deposit an electronic will copy with the circuit court clerk under IC 29-1-7-3.1 by:
(1) submitting a paper copy of the complete converted copy of the electronic will copy to the clerk; or
(2) electronically filing a readable and printable copy of the completed converted copy of the electronic will copy with the clerk if permitted by court rules.
(d) If the circuit court clerk receives a paper copy of a complete converted copy, the clerk shall promptly do the following:
(1) Place the electronic will copy in an envelope.
(2) Securely seal the envelope.
(3) Give or send a confirmation receipt verifying reception of the electronic will copy to the person or depositor.
(e) If the circuit court clerk receives an electronic copy of a complete converted copy of an electronic will, the clerk shall do the following:
(1) Print the entire complete converted copy.
(2) Place the printed copy described in subdivision (1) in an envelope.
(3) Securely seal the envelope.
(4) Give or send a confirmation receipt verifying reception of the will to the person or depositor.
(f) The circuit court clerk, after sealing a complete converted copy of an electronic will in an envelope as described in subsection (e), shall do the following:
(1) Designate the:
(A) date of deposit;
(B) name of the testator; and
(C) name and address of the depositor;
on the envelope.
(2) Index the electronic will alphabetically by the name of the testator.
An envelope and electronic will copy deposited under this section or IC 29-1-7-3.1 is confidential under IC 5-14-3.
As added by P.L.40-2018, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-17. "Other Electronic Will"; "Rejected Will"; Probate of Other Electronic Will or Rejected Will

Sec. 17. (a) This section shall apply to the situation created by:
(1) the rejection of a petition to probate a deceased testator's electronic or traditional paper will; or
(2) the revocation of a deceased testator's electronic will due to the timely filing of a will contest as described in IC 29-1-7-17.
(b) The following terms are defined for this section:
(1) "Other electronic will" means:
(A) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that preceded the date of execution seen in the rejected will; or
(B) an electronic will that the same testator purportedly executed in compliance with applicable laws on a date that followed the date of execution seen on the rejected will;
where the petitioner or proponent for the electronic will is not aware of any other paper will or electronic will executed by the testator at a date later than the date of the testator's purposed execution of the other electronic will.
(2) "Rejected will" means a will that is rejected for a reason described in subsection (a).
(c) On or before the end of the time period specified in IC 29-1-7-15.1(g)(2) or IC 29-1-7-15.1(g)(3), any interested person may file a petition requesting probate of another electronic will associated with the testator. A complete converted copy of the other electronic will and an affidavit of regularity must accompany any petition filed under this subsection. The complete converted copy of another electronic will is prima facie evidence of:
(1) the substance of the other electronic will; and
(2) the proper execution of the other electronic will.
(d) Section 16 of this chapter shall apply to any proceeding concerning the probate of another electronic will of a deceased testator. In the absence of:
(1) clear and convincing evidence; and
(2) written evidence;
of the testator's contrary intentions, the court shall presume that the deceased testator would have preferred the probate and enforcement of the testator's other electronic will to intestacy.
As added by P.L.40-2018, SEC.2. Amended by P.L.231-2019, SEC.19.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 21. Electronic Wills › 29-1-21-18. "Digital Asset"; "Electronic Communication"; "Custodian"; "Users"; "Transaction"

Sec. 18. (a) For purposes of IC 29-3, IC 30-5, and IC 32-39:
(1) the electronic record for an electronic will is a "digital asset" as that term is defined in IC 32-39-1-10;
(2) the electronic record for an electronic will is not an "electronic communication" as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;
(3) the digital or electronic transfer or transmission of the electronic record for an electronic will between any two (2) persons other than the testator and the testator's attorney is an electronic communication as defined in 18 U.S.C. 2510(12) or IC 32-39-1-12;
(4) a custodian (as defined in section 3(3) of this chapter) of an electronic will is a "custodian" as defined in IC 32-39-1-8; and
(5) the following individuals are "users" for purposes of IC 32-39 if the testator, attorney, or other authorized person contracts with another person to store the electronic record for the electronic will:
(A) The testator of an electronic will.
(B) The attorney representing the testator.
(C) Any other person with authorized possession of or authorized access to the electronic record for the electronic will.
(b) The execution or revocation of an electronic will is not a contract or a "transaction in or affecting interstate or foreign commerce" for purposes of the federal E-SIGN Act, 15 U.S.C. 7001.
(c) The execution or revocation of an electronic will is not a contract or "transaction" for purposes of IC 26-2-8 and the exclusion stated in IC 26-2-8-103(b)(1) continues in effect with respect to electronic wills and codicils.
As added by P.L.40-2018, SEC.2. Amended by P.L.185-2021, SEC.13.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-1. Definitions

Sec. 1. The following terms are defined for this chapter:
(1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in IC 29-1.
(2) "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in IC 29-1 and excludes foreign personal representatives who acquire the power of a local personal representative under section 6 of this chapter.
(3) "Resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a non-resident decedent.
(4) "Non-resident decedent" means a decedent not domiciled in Indiana at the decedent's death.
(5) "Foreign personal representative" means a personal representative appointed in a jurisdiction other than Indiana to administer a non-resident decedent's estate.
(6) "Domiciliary foreign personal representative" means a foreign personal representative appointed in the jurisdiction where the decedent was domiciled at the time of the decedent's death.
Formerly: Acts 1881(ss), c.45, s.1; Acts 1975, P.L.288, SEC.39. As amended by P.L.9-2022, SEC.62.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-2. Indebtedness to Non-Resident Decedent; Payments to Domiciliary Foreign Personal Representative

Sec. 2. At any time after the expiration of forty-five (45) days from the death of a non-resident decedent, any person indebted to the estate of the non-resident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the non-resident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the non-resident decedent upon being presented with proof of the representative's appointment and an affidavit made by or on behalf of the representative stating:
(1) the date of the death of the non-resident decedent;
(2) that no local administration, or application or petition therefor, is pending in this state; and
(3) that the domiciliary foreign personal representative is entitled to payment or delivery.
Formerly: Acts 1881(ss), c.45, s.15; Acts 1975, P.L.288, SEC.40. As amended by P.L.137-2021, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-3. Payments to Domiciliary Foreign Personal Representative; Release of Debtor

Sec. 3. Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.
Formerly: Acts 1881(ss), c.45, s.72; Acts 1975, P.L.288, SEC.41.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-4. Payments to Domiciliary Foreign Personal Representative; Notice by Resident Creditor to Debtor as Bar

Sec. 4. Payment of delivery under section 2 of this chapter may not be made if a resident creditor of the non-resident decedent has notified the debtor of the non-resident decedent or the person having possession of the personal property belonging to the non-resident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.
Formerly: Acts 1881(ss), c.45, s.73; Acts 1975, P.L.288, SEC.42.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-5. Domiciliary Foreign Personal Representative; Filing Copies of Appointment and Bond

Sec. 5. If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of his appointment and of any official bond he has given.
Formerly: Acts 1881(ss), c.45, s.74; Acts 1975, P.L.288, SEC.43.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-6. Domiciliary Foreign Personal Representative; Powers

Sec. 6. A domiciliary foreign personal representative who has complied with section 5 may exercise as to assets in this state all powers of a local unsupervised personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon non-resident parties generally.
Formerly: Acts 1881(ss), c.45, s.138; Acts 1959, c.246, s.1; Acts 1971, P.L.414, SEC.1; Acts 1975, P.L.288, SEC.44. As amended by P.L.36-2011, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-7. Domiciliary Foreign Personal Representative; Limitation of Powers by Local Personal Representative

Sec. 7. The powers of a domiciliary foreign personal representative under section 2 or 6 of this chapter shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under section 6 of this chapter, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for him in any action or proceedings in the state.
Formerly: Acts 1881(ss), c.45, s.139; Acts 1971, P.L.414, SEC.2; Acts 1975, P.L.288, SEC.45.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-8. Non-Resident Decedents; Proceedings; Application of Law

Sec. 8. In respect to a non-resident decedent, the provisions of article 1 of this title govern (a) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (b) the status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributees and others in regard to a local administration.
Formerly: Acts 1881(ss), c.45, s.140; Acts 1971, P.L.414, SEC.3; Acts 1975, P.L.288, SEC.46.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-9. Foreign Personal Representative; Submission to Jurisdiction of State Court

Sec. 9. A foreign personal representative submits himself to the jurisdiction of the courts of this state by (a) filing authenticated copies of his appointment as provided in section 5 of this chapter, (b) receiving payment of money or taking delivery of personal property under section 2 of this chapter, or (c) doing any act as a personal representative in this state which would have given the state jurisdiction over him as an individual. Jurisdiction under (b) is limited to the money or value of personal property collected.
Formerly: Acts 1975, P.L.288, SEC.47.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-10. Foreign Personal Representative; Subjection to Decedent Jurisdiction

Sec. 10. In addition to jurisdiction conferred by section 9 of this chapter, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death.
Formerly: Acts 1975, P.L.288, SEC.48.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-11. Service of Process on Foreign Personal Representative

Sec. 11. (a) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if registered or certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this state on either the foreign personal representative or his decedent immediately prior to death.
(b) If service is made upon a foreign personal representative as provided in subsection (a) of this section, he shall be allowed at least thirty (30) days within which to appear or respond.
Formerly: Acts 1975, P.L.288, SEC.49.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign Wills › 29-2-1-12. Adjudications Binding on Personal Representative

Sec. 12. An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.
Formerly: Acts 1975, P.L.288, SEC.50.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 2. Probate Commissioners › 29-2-2-1. Appointment; Salary

Sec. 1. (a) In all counties of this state containing a voting population of over seven thousand (7,000), as shown by the vote cast for secretary of state at the last preceding election, the judge of the circuit court of each of said counties, when he shall find:
(1) that the probate business of his court requires it;
(2) that the interests of heirs under the age of eighteen (18) years and other beneficiaries of estates, guardianships, receiverships, and other trusts pending in said court will be protected and subserved thereby; and
(3) that the same is demanded for the proper protection of such interests;
shall cause such finding to be entered of record, and thereupon shall appoint some competent person as probate commissioner of such court.
(b) In such finding and order of appointment, on proof first heard in open court, the judge shall fix and specify the annual salary of such commissioner and the time of payment thereof and shall thereupon cause to be certified to the auditor of such county a copy of such finding and order, which shall be sufficient authority for said auditor to draw his warrant for the payment thereof at the times and in the amounts in said record set forth.
Formerly: Acts 1891, c.137, s.1; Acts 1897, c.164, s.1; Acts 1911, c.269, s.1; Acts 1973, P.L.287, SEC.12. As amended by P.L.285-1987, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 2. Probate Commissioners › 29-2-2-2. Oath of Office; Fees and Compensation

Sec. 2. Said commissioner shall take and subscribe an oath for the faithful discharge of his duties, and shall hold his office for the term of four (4) years, subject to the provisions of this chapter, and for his services as such commissioner shall receive or be allowed no fees, emoluments or compensation whatever other than the salary fixed by said court and required to be paid out of the treasury of said county as aforesaid, and which salary shall not be increased during his said term of office.
Formerly: Acts 1891, c.137, s.2. As amended by Acts 1982, P.L.171, SEC.69.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 2. Probate Commissioners › 29-2-2-3. Oaths; Acknowledgments; Removal From Office

Sec. 3. Said commissioner shall have power to administer oaths, take acknowledgments and do all other acts legally pertaining to said office and necessary to carry into effect the rules or orders of said court, and he may, at any time, be removed by the court for failure to properly discharge the duties of his trust.
Formerly: Acts 1891, c.137, s.3.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 2. Probate Commissioners › 29-2-2-4. Duties Defined; Records

Sec. 4. At the time of the appointment of said commissioner, or as soon thereafter as may be practicable, the court shall define the duties of such commissioner and cause a record thereof to be made upon the order-book of said court.
Formerly: Acts 1891, c.137, s.4.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 2. Probate Commissioners › 29-2-2-5. Rules for Protection of Trusts; Speedy Transaction of Probate Business

Sec. 5. Such court shall have power to make and enforce all necessary rules for the protection of the several trusts pending therein, and the requiring of delinquent guardians, administrators or other trustees to make reports, give new or additional bonds, or discharge any other duty required of them by law, or the rules of said court, and may vest such commissioner with all necessary power in the premises looking to the protection of such trusts and enforcement of the law and rules of said court in reference thereto, and the proper and speedy transaction of the probate business of such court, as the court, in its discretion, may deem advisable and necessary.
Formerly: Acts 1891, c.137, s.5.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 2. Probate Commissioners › 29-2-2-6. Dispensing With Services; Salary

Sec. 6. At any time after the appointment of such commissioner, when such court shall deem that his services may be dispensed with, either for a certain or indefinite length of time, without detriment to the business of said court, or the interests of the trusts therein pending, the court shall enter of record its finding to that effect and cause the same to be certified to the auditor of such county, and thereupon, during the time so specified in such finding, the salary of such commissioner shall cease and his services during said time be dispensed with, the said commissioner to again assume his duties and receive his salary therefor only when the court shall so order.
Formerly: Acts 1891, c.137, s.6.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 4. Duties of Probate Commissioner in Counties With Populations From 30,000 to 150,000 › 29-2-4-1. Report of Findings; Compensation

Sec. 1. In all counties of this state, having a population of not less than thirty thousand (30,000) nor more than one hundred and fifty thousand (150,000), according to the last preceding United States census, it shall be the duty of the probate commissioner of the circuit court in any county, duly appointed as by law provided, to hear evidence upon and report his finding to the judge of the circuit court of his county, upon all matters, probate, civil and otherwise, which may be referred to such probate commissioner by such judge of the circuit court, and he shall receive no fees or compensation other than his salary, which salary shall be fixed by the judge of said circuit court, after proof heard, during any term of such court, and in such sum as, in the judgment of the judge of such circuit court, may deem proper, the same to be payable out of the treasury of such county.
Formerly: Acts 1911, c.42, s.1.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 5. Administration of Estate of Intestate Absentee › 29-2-5-1. Five Years Absence; Presumption of Death

Sec. 1. (a) When any resident of Indiana is absent from the individual's usual place of residence and gone to parts unknown for a period of five (5) years, without having made any sufficient provision for the care and management of the individual's property, real or personal, and the court having probate jurisdiction in the county where the individual last resided or where the property is situated determines that:
(1) the individual's property is suffering waste for want of proper care; or
(2) the family of the individual is in need of the use and proceeds of the property for support or education (or that the sale of the property, or part thereof, is necessary for the payment of the individual's debts);
it shall be presumed and taken by the court that the individual is dead. The court has jurisdiction over the estate of the individual in the same manner and to the same extent as if the individual were dead. The court shall appoint an administrator of the individual's estate, who shall have all of the powers and rights over the estate and be subject to all of the liabilities and duties that appertain to administrators of decedents' estates.
(b) Before the court may determine that an individual should be presumed dead, notice to the individual must be published once each week for three (3) consecutive weeks, with the first notice published more than thirty (30) days before the hearing in a newspaper of general circulation in the county where the individual last resided or where the individual's property is located.
(c) The will of an individual who is presumed dead under this section is admissible to probate under IC 29-1 and shall be probated as the will of a deceased individual.
Formerly: Acts 1859, c.4, s.1; Acts 1861, c.52, s.1; Acts 1911, c.285, s.1. As amended by P.L.263-1989, SEC.2; P.L.4-2003, SEC.6.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 5. Administration of Estate of Intestate Absentee › 29-2-5-2. Discharge of Administrator; Return of Absentee

Sec. 2. Such administrator shall not be discharged on the return and reappearance of such person until discharged by the court, but shall retain his powers and rights and be subject to all his official liabilities and duties until so discharged.
Formerly: Acts 1859, c.4, s.2.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 5. Administration of Estate of Intestate Absentee › 29-2-5-4. Guardians; Appointment

Sec. 4. Such court shall have power to appoint guardians of the persons and estates of the children under eighteen (18) years of age of such departed person, who shall have all the powers and rights, and be subject to all the duties and liabilities, in relation to such children and their estates, which appertain to guardians of heirs under eighteen (18) years of age and their estates, under IC 34-9-2.
Formerly: Acts 1859, c.4, s.4; Acts 1973, P.L.287, SEC.13. As amended by P.L.1-1998, SEC.157.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 5. Administration of Estate of Intestate Absentee › 29-2-5-5. Distribution of Estates; Bond; Trustee

Sec. 5. (a) The property of such departed person, real and personal, and all his rights, obligations and choses in action, shall be subject to the same liabilities, incidents, rights, management and disposal under this chapter, in all respects, as if such person were known to be deceased; and all adjudications and acts done by such administrator or guardian shall be valid, effectual and binding on such person should he return, as if they were his own acts, the acts and doings of such administrator and guardian being in good faith and without fraud.
(b) Before any distribution of the estate of such absentee shall be made to the person or persons entitled to receive it, he or they shall give security, to the approval of the proper circuit or superior court or probate court of the county having jurisdiction thereof, in such sum as the court shall direct, and conditioned that if the absentee shall, in fact, be at the time alive, he or they will, respectively, refund the amounts received by each, on demand, with interest; said bond to run and be in force for the period of three (3) years from the date of the issuing of letters of administration by said court, and if, during said period of three (3) years, the absentee shall not appear and demand said estate, the rights of the absentee thereto shall be barred; but if the person or persons entitled to receive the same is or are unable to give the security aforesaid, then the court shall appoint a trustee, who shall give bond for the faithful performance of his duties in one and one-half times the amount of such money, with sufficient sureties, who shall invest said money at interest as the court may direct, which interest is to be paid annually to the person or persons entitled to it, and the money to remain at interest until the security aforesaid is given, and if the absentee does not appear and demand said money within said period of three (3) years, the court shall order it to be paid to the person or persons entitled to it absolutely.
(c) The provisions of this section shall apply to all pending and future administrations of such estates of absentees.
Formerly: Acts 1859, c.4, s.5; Acts 1913, c.326, s.1. As amended by Acts 1982, P.L.171, SEC.70.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 8. Conservatorship of Estate of Missing Serviceman or Seaman › 29-2-8-1. Guardians; Appointment; Revocation

Sec. 1. Whenever a person (referred to as an absentee) serving in or with the armed forces of the United States, or a person serving as a Merchant Marine of the United States, has been reported or listed as:
(1) missing;
(2) missing in action;
(3) interned in a neutral country; or
(4) beleaguered, besieged, or captured by an enemy;
has an interest in property in Indiana or is a legal resident of Indiana and has not provided an adequate power of attorney authorizing another to act in regard to the property or interest, a court having probate jurisdiction in the county of the absentee's legal domicile or in the county where the property, or a part of the property, is situated, may appoint a guardian to manage the absentee's property, under the supervision of the court. The guardian may be appointed upon the filing of a verified petition alleging the facts and showing the necessity for the management and control of the property of the absentee made by an interested person, or on the court's own motion, after notice to or the filing of waiver of notice from the presumptive heirs of the absentee. Within ten (10) days after appointment the guardian shall publish a notice of appointment in a newspaper of general circulation in the county once each week for three (3) weeks and shall mail a copy of the notice to the absentee addressed to the absentee's last known address. Any interested person may on application to the court require the guardian to show cause why the appointment should not be revoked. If an appointment is revoked, the revocation shall be without prejudice to the rights and interests of any person who relied upon it in good faith.
Formerly: Acts 1945, c.35, s.1. As amended by P.L.33-1989, SEC.52.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 8. Conservatorship of Estate of Missing Serviceman or Seaman › 29-2-8-2. Guardian Bond; Powers; Removal and Substitution

Sec. 2. The court shall have full discretionary authority to appoint any suitable person as guardian and may require the guardian to post an adequate surety bond and to make reports as the court may deem necessary. The guardian shall have the same powers and authority as the guardian of the property of a minor or incapacitated person (as defined in IC 29-3-1-7.5) and shall be considered as an officer of the court, and shall be subject to removal and substitution for good cause shown.
Formerly: Acts 1945, c.35, s.2. As amended by P.L.33-1989, SEC.53.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 8. Conservatorship of Estate of Missing Serviceman or Seaman › 29-2-8-3. Termination of Guardianship; Executor or Administrator

Sec. 3. Upon petition signed by the absentee, or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the guardianship and the transfer of all property held to the absentee or to the designated attorney-in-fact. If at any time subsequent to the appointment of a guardian it appears that the absentee has died and an executor or administrator has been appointed for the estate, the court shall direct the termination of the guardianship and the transfer of all property of the deceased absentee to the executor or administrator.
Formerly: Acts 1945, c.35, s.3. As amended by P.L.33-1989, SEC.54.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 11. Waiver by Judge of Period Costs in Certain Cases › 29-2-11-1. Estates; Guardianship; Assignments; Trusteeship; Surviving Partnership

Sec. 1. The courts of this state having jurisdiction of estates, guardianships, assignments, trusteeships, and surviving partnerships and the judges thereof, in their discretion, be and hereby are authorized and empowered to waive the period costs and payment thereof in estates for any and all years subsequent to and in addition to the first two (2) years or part of same thereof, and to waive the costs and payment thereof in guardianships for any and all years subsequent to and in addition to the first three (3) years or part of same thereof, and to waive the costs and payment thereof in assignments, trusteeships, and surviving partnerships for any and all years subsequent to and in addition to the first two (2) years or part of same thereof.
Formerly: Acts 1965, c.163, s.1.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 12. Apportionment of Federal Estate Taxes › 29-2-12-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of section 1.5 of this chapter by P.L.266-1989 does not apply to:
(A) a will;
(B) a trust; or
(C) another instrument governing the distribution of assets following an individual's death;
executed before July 1, 1989.
(2) The amendments made to section 7 of this chapter by P.L.266-1989 do not apply to:
(A) a will;
(B) a trust; or
(C) another instrument governing the distribution of assets following an individual's death;
executed before July 1, 1989.
As added by P.L.220-2011, SEC.479.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 12. Apportionment of Federal Estate Taxes › 29-2-12-1. Purpose

Sec. 1. The purpose of this chapter is to provide for an equitable apportionment of federal estate tax imposed upon decedents' estates under the provisions of the United States revenue code.
Formerly: Acts 1969, c.175, s.1. As amended by Acts 1982, P.L.171, SEC.72.
2023 Indiana Code › Title 29. Probate › Article 2. Miscellaneous Provisions › Chapter 12. Apportionment of Federal Estate Taxes › 29-2-12-1.5. "Will" Defined

Sec. 1.5. As used in this chapter, "will" includes a trust or other instrument governing the distribution of assets following an individual's death.
As added by P.L.266-1989, SEC.1.