reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-7. Successor Representatives; Appointment

Sec. 7. When a personal representative dies, is removed by the court, or resigns and such resignation is accepted by the court, the court may, and if he was the sole or last surviving personal representative and administration is not completed, the court shall appoint another personal representative in his place.
Formerly: Acts 1953, c.112, s.1007.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-8. Successor Representatives; Rights and Powers

Sec. 8. When a successor personal representative or an administrator with the will annexed is appointed, the person shall have all the rights and powers of the person's predecessor or of the executor designated in the will, except that the person shall not exercise powers given in the will which by its terms are personal to the executor designated in the will.
Formerly: Acts 1953, c.112, s.1008. As amended by P.L.136-2018, SEC.216.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-9. Joint Representatives; Powers; Survivor

Sec. 9. Every power exercisable by joint personal representative may be exercised by the survivor of them when one is dead or by the other when one appointment is terminated by order of the court, unless the power is given in the will and its terms otherwise provide as to the exercise of such power.
Formerly: Acts 1953, c.112, s.1009.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-10. Joint Representatives; Powers

Sec. 10. Where there are two (2) or more personal representatives, the following powers can be exercised, except as otherwise provided in section 11 of this chapter, only by all of them:
(a) the institution of a suit on behalf of the estate;
(b) the employment of an attorney;
(c) the carrying on the business of the deceased;
(d) the voting of corporate shares of the estate;
(e) the exercise of those powers given by the will which, by the terms of the will, are to be exercised only by all of the personal representatives, or by all the survivors of them.
All other powers can be exercised by any one of the personal representatives, unless the will otherwise provides.
Formerly: Acts 1953, c.112, s.1010. As amended by Acts 1982, P.L.171, SEC.29.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-11. Joint Representatives; Powers; Voting Shares of Stock

Sec. 11. (a) Where powers possessed by two (2) or more personal representatives are to be exercised by them jointly, the will of the majority shall control the manner in which such power shall be exercised unless the will otherwise provides.
Where the personal representatives, or a majority of them, cannot agree, or where they are equally divided upon the manner in which such power shall be exercised, other than in the voting of shares of stock, the court shall, upon petition filed by any of such personal representatives or by any party in interest, direct the manner in which such power shall be exercised, and such power shall be exercised only in accordance with such direction.
(b) Shares of stock held by personal representatives may be voted by the personal representatives in such manner as the instrument or order appointing such personal representatives may direct. In the absence of such direction or the inability of the personal representatives to act in accordance therewith, the following provisions shall apply:
(1) Where shares of stock are held jointly by two (2) or more personal representatives, such shares shall be voted in accordance with the will of the majority.
(2) Where the personal representatives or a majority of them cannot agree, or where they are equally divided upon the question of voting such shares of stock, the court shall, upon petition filed by any of such personal representatives or by any party in interest, direct the voting of such shares as it may deem for the best interest of the beneficiaries, and such shares shall be voted in accordance with such direction.
Formerly: Acts 1953, c.112, s.1011.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-12. Voting Corporate Shares

Sec. 12. The personal representative may vote shares of corporate stock in person, or by proxy, discretionary or otherwise and with or without right of substitution and revocation.
Formerly: Acts 1953, c.112, s.1012.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-12.5. Protection of Persons Dealing in Good Faith

Sec. 12.5. A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. No provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is in addition to that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
As added by Acts 1977, P.L.297, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-13. Compensation; Attorney's Services

Sec. 13. If a testator by will makes provision for the compensation of his personal representative, that shall be taken as his full compensation unless he files in the court a written instrument renouncing all claims for the compensation provided by the will before qualifying as personal representative. The personal representative, when no compensation is provided in the will, or when he renounces all claim to the compensation provided in the will, shall be allowed such compensation for his services as the court shall deem just and reasonable. Additional compensation may be allowed for his services as attorney and for other services not required of a personal representative. An attorney performing services for the estate at the instance of the personal representative shall have such compensation therefor out of the estate as the court shall deem just and reasonable. Such compensation may be allowed at the final settlement; but at any time during administration a personal representative or his attorney may apply to the court for an allowance upon the compensation of the personal representative and upon attorney's fees.
Formerly: Acts 1953, c.112, s.1013.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-14. Actions on Probate; Expenses and Attorney's Fees

Sec. 14. (a) As used in this section, "devisee" shall include any person prosecuting or defending any will under IC 29-1-7-16 or IC 29-1-7-17.5 and, if multiple wills are being challenged under IC 29-1-7-17.5, any person prosecuting or defending a will next prior to the earliest will being challenged under IC 29-1-7-17.5.
(b) When any person designated as executor in a will, or the administrator with the will annexed, or if at any time there be no such representative, then any devisee therein, defends it or prosecutes any proceedings in good faith and with just cause for the purpose of having it admitted to probate, whether successful or not, the devisee shall be allowed out of the estate the devisee's necessary expenses and disbursements including reasonable attorney's fees in such proceedings.
Formerly: Acts 1953, c.112, s.1014. As amended by P.L.231-2019, SEC.16.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-15. Special Administrator; Appointment; Appeal of Order

Sec. 15. (a) A special administrator may be appointed by the court if:
(1) from any cause, delay is necessarily occasioned in granting letters;
(2) before the expiration of the time allowed by law for issuing letters, any competent person shall file an affidavit with the clerk stating that anyone is intermeddling with the estate or that there is no one having authority to take care of the same;
(3) any person shall have died testate and objections to the probate of the person's will shall have been filed as provided by law;
(4) the court determines that the appointment is necessary under IC 29-1-13-16; or
(5) no personal representative has been appointed and the appointment is sought for the sole purpose of pursuing damages for a decedent's wrongful death after notice and hearing as provided in section 15.5 of this chapter.
(b) The appointment of a special administrator may be for a specified time to perform duties respecting specific property, or to perform particular acts as shall be stated in the order of appointment. The fact that a person has been designated as executor in a decedent's will shall not disqualify the person from being appointed special administrator of such decedent's estate or any portion thereof.
(c) The special administrator shall make such reports as the court shall direct, and shall account to the court upon the termination of the special administrator's authority. Otherwise, and except as the provisions of this article by terms apply to general personal representatives, and except as ordered by the court, the law and procedure relating to personal representatives in this article shall apply to special administrators. The order appointing a special administrator shall not be appealable.
Formerly: Acts 1953, c.112, s.1015. As amended by Acts 1982, P.L.171, SEC.30; P.L.162-2022, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-15.5. Wrongful Death; Special Administrator; Appointment; Objection

Sec. 15.5. (a) Upon the filing of a petition for the appointment of a special administrator for the sole purpose of pursuing a claim for the decedent's wrongful death, hearing and notice shall be had as set forth in this section.
(b) The court or clerk shall set a date by which all objections or petitions for an alternate appointment must be filed in writing, and the clerk shall give notice to all interested persons that a petition for appointment of a special administrator to pursue a claim for decedent's wrongful death has been filed and will be acted upon by the court on the date set unless written objections or requests for an alternate special administrator are presented to the court on or before that date.
(c) In the petition for appointment as special administrator, the petitioner shall identify the names and addresses of all persons potentially interested in the wrongful death claim whose names and addresses are known to the petitioner or may by reasonable diligence be ascertained. The petitioner shall provide sufficient copies of the notice described in subsection (b), prepared for mailing to the clerk. The clerk shall send a copy of the notice by ordinary mail to each of such interested persons at least thirty (30) days prior to the hearing date. Any interested person may waive the service by mail of this notice. Neither a notice nor a hearing is required if all persons entitled to notice waive in writing the service of notice by mail and consent to the appointment of the special administrator without a hearing.
(d) If a person interested in the wrongful death claim is unknown or cannot be located, the petitioner may give notice by one (1) publication in a newspaper of general circulation, published in the county in which the petition is pending.
(e) The deadline for filing an objection or request for an alternate special administrator is fourteen (14) days before the hearing date. The notice described in subsections (b) and (c) shall state that objections or a request for an alternate special administrator must be filed in writing at least fourteen (14) days before the hearing date.
As added by P.L.162-2022, SEC.11.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-16. Pending Will Contest; Administration of Estate

Sec. 16. Prior to the adjudication of a pending will contest any general personal representative or any special administrator, within the limits of his authority, shall proceed to administer the estate pursuant to the law respecting intestate estates, so far as the same may be done consistent with the terms of any such will.
Formerly: Acts 1953, c.112, s.1016.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-17. Damages for Wrongful Death

Sec. 17. An administrator collecting damages for personal injury resulting in the death of any decedent, may, at any time, file in the court where he was appointed his final report with respect to such proceeds, and the same may be approved by the court, and it shall not be necessary to publish any notice of the final settlement of such estate unless the same is ordered by the court. In the event that said administrator was appointed for the sole purpose of collecting such damages it shall not be necessary to publish any notice of the issuance of letters of administration.
Formerly: Acts 1953, c.112, s.1017.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-18. Wrongful Death; Nonresident; Appointment of Administrator

Sec. 18. Any court having probate jurisdiction in the state of Indiana may appoint an administrator for the estate of a nonresident for the sole purpose of bringing an action to recover damages for the wrongful death of such nonresident. The appointment may be made in the county in which the death occurred; or in the county in which the injury causing the death was received; or in the county in which any party defendant to the suit resides. The appointment shall in no way depend upon whether or not the decedent left assets.
Formerly: Acts 1953, c.112, s.1018.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-19. Termination of Authority; Validity of Prior Acts

Sec. 19. All acts of personal representatives whose authority shall subsequently be terminated because an estate found to be intestate is later found to be testate, or vice versa, because of a revocation of letters, or for any other cause, which acts were lawful when performed, according to the authority under which such personal representative was acting, shall be valid insofar as concerns the rights and liabilities of a purchaser, lessee, or encumbrancer, for value in good faith or a personal representative who has acted in good faith. No person delivering or transferring property to a personal representative or to any other person by authority of the letters issued to such personal representative or upon court order or pursuant to a will under which such a personal representative is acting, shall be held accountable by virtue of such acts performed prior to such termination of authority if such acts were lawful in accordance with the apparent authority of such letters, court order or will.
Formerly: Acts 1953, c.112, s.1019.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-20. Duties of an Estate Lawyer

Sec. 20. (a) As used in this section, "estate lawyer" refers to a lawyer performing services for an estate at the request of the estate's personal representative.
(b) Except as otherwise provided in a written agreement between the estate lawyer and an interested person, an estate lawyer:
(1) represents and owes a duty only to the personal representative;
(2) does not have a duty to collect, possess, manage, maintain, monitor, or account for estate assets, unless otherwise required by a specific order of the court; and
(3) is not liable for any loss suffered by the estate, except to the extent the loss was caused by the estate lawyer's breach of a duty owed to the personal representative.
(c) If a provision of a court's local probate rule conflicts with this section, this section controls.
As added by P.L.99-2013, SEC.3.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 10. Personal Representatives › 29-1-10-21. Authority of Personal Representatives; Circumstances in Which a Court Order May Allow an Action That the Personal Representative Is Prohibited From Taking

Sec. 21. (a) All authority to act with respect to an estate administered under IC 29-1-7 and IC 29-1-7.5 is vested exclusively in the personal representative.
(b) If this article prohibits an action by the personal representative, the prohibition restricts the personal representative, regardless of court order, unless:
(1) a majority in interest of the distributees consent in writing to the proposed action; or
(2) the statute imposing the restriction expressly permits a court to approve the prohibited action.
As added by P.L.99-2013, SEC.4. Amended by P.L.184-2021, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-1. Conditions Requiring Execution and Filing

Sec. 1. A personal representative is not required to execute and file a bond relating to the duties of his office unless:
(1) the will provides for the execution and filing of such a bond; or
(2) the court finds, on its own motion or on petition by an interested person, that a bond is necessary to protect creditors, heirs, legatees, or devisees.
Formerly: Acts 1953, c.112, s.1101; Acts 1971, P.L.408, SEC.1; Acts 1975, P.L.288, SEC.17.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-2. Deposit of Money or Assets; Withdrawal

Sec. 2. It shall be lawful for the personal representative to agree with his surety for the deposit of any or all money and other assets of the estate with a bank, safe deposit or trust company, authorized by law to do business as such, or other depository approved by the court, if such deposit is otherwise proper, in such manner as to prevent the withdrawal of such moneys or other assets without the written consent of the surety, or on order of the court made on such notice to the surety as the court may direct.
Formerly: Acts 1953, c.112, s.1102.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-3. Run to State; Joint and Several Liability; Conflict of Laws

Sec. 3. The bond of the personal representative shall run to the state of Indiana to the use of all persons for whose benefit it was given under the provision of this article and shall be for the security and benefit of such persons. The sureties shall be jointly and severally liable with the personal representative and with each other. The provisions of this section shall not change the rights of the sureties under other statutes or under the law.
Formerly: Acts 1953, c.112, s.1103. As amended by Acts 1982, P.L.171, SEC.31.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-4. Joint Representatives; Personal Representative as Surety

Sec. 4. When two (2) or more persons are appointed personal representatives of the same estate and are required by the provisions of this article to give a bond, the court may require either a separate bond from each or one (1) bond from all of them. No personal representative shall be deemed a surety for another personal representative unless the terms of the bond so provide.
Formerly: Acts 1953, c.112, s.1104. As amended by Acts 1982, P.L.171, SEC.32.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-5. Affidavit of Surety; Value of Property

Sec. 5. Each personal surety shall execute and file with the court an affidavit that he owns real property, subject to execution, of a value over and above his liabilities, equal to the amount of the bond, and shall include in such affidavit the total amount of his obligations as surety on other official or statutory bonds.
If the amount of the bond exceeds $1,000, the affidavit shall also state:
(a) An adequate description of the real property within this state offered by him as security.
(b) The total amount of the liens, unpaid taxes, other bonds executed and other encumbrances on the property so offered by him as security.
(c) The assessed and market value of such property and the value of the surety's equity over and above all encumbrances, liens, and unpaid taxes.
(d) That the equity in such property so offered is equal to the amount of the bond.
The only provision of this section which shall apply in counties in this state having a population of less than fifty thousand (50,000) according to the last preceding United States census, is the provision that each personal surety shall execute and file with the court an affidavit that he owns real property, subject to execution, of a value over and above his liabilities, including contingent liabilities equal to the amount of the bond.
Formerly: Acts 1953, c.112, s.1105.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-6. Sufficiency; Value of Assets; Evidence of Title

Sec. 6. No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved as required by law, and the approval endorsed thereon in writing. Before giving approval the court, judge, commissioner, or clerk may require evidence as to the value and character of the assets of personal sureties, including an abstract, certificate or other satisfactory evidence of title of every tract of real property which is offered as security. In the event that the bond is not approved, the personal representative shall, within such time as may be directed, secure a bond with satisfactory surety or sureties.
Formerly: Acts 1953, c.112, s.1106.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-7. Failure to Give Bond; Successor; Revocation of Letters

Sec. 7. If at any time a personal representative fails to give a bond as required by the court, within the time fixed by the court, some other person shall be appointed in his stead. If letters have been issued, they shall be revoked.
Formerly: Acts 1953, c.112, s.1107.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-9. New Bond; Release of Surety; Accounting

Sec. 9. (a) Any surety upon any bond of any personal representative or other fiduciary may petition the court approving such bond to be released therefrom. Ten (10) days' notice thereof shall be given the principal in said bond. Upon proof of such notice, the court shall notify the principal to file a new bond within fifteen (15) days with penalty and surety to the approval of the court. Upon failure to file such a new bond with the time fixed, the principal shall be forthwith removed by the court. In either event the principal shall file an accounting covering his acts to date. As soon as said new bond is filed or said principal removed, the surety shall be released from any liability for the acts or omissions of the principal thereafter occurring, but shall remain liable for his prior acts and omissions.
(b) Any principal in any bond given by any executor, administrator, guardian or fiduciary may apply to the court approving such bond to terminate further liability on such bond and to release the surety or sureties thereon from all further liability and offer a new bond in an amount and with sureties as required by law and file an accounting covering his acts to the date thereof. Ten (10) days' notice of such application shall be given the sureties. Upon the approval of the accounting and the new bond, the court shall enter an order discharging the original sureties from all liability upon said bond for acts or omissions of the principal thereafter occurring, but they shall remain liable on said former bond for prior acts and omissions.
Formerly: Acts 1953, c.112, s.1109.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-10. Breach of Obligation; Damages; Intervention

Sec. 10. (a) The court may, on breach of the obligation of the bond of the personal representative, after notice to the obligors in the bond and to such other persons as the court directs, determine the damages as a part of the proceeding for the administration of the estate, and by appropriate proceeding enforce the collection thereof from those liable on the bond. Such determination and enforcement may be made by the court upon its own motion or upon application of a successor personal representative, or of any other personal representative, or of any other interested person. The court may hear the application at time of settling the accounts of the defaulting personal representative or at such other time as the court may direct. Damages shall be assessed on behalf of all interested persons and may be paid over to the successor or other non-defaulting personal representative and distributed as other assets held by the personal representative in his official capacity.
(b) The bond of the personal representative shall not be void upon the first recovery, but may be proceeded upon from time to time until the whole penalty is exhausted.
(c) If the court has already determined the liability of the personal representative, the sureties shall not be permitted thereafter to deny such liability in any action or hearing to determine their liability; but the surety may intervene in any hearing to determine the liability of the personal representative.
Formerly: Acts 1953, c.112, s.1110.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 11. Bond of Personal Representative › 29-1-11-11. Validity; Bound to Full Extent; Action on Defective Bond

Sec. 11. No surety bond entered into under the provisions of this article shall be void for want of form or substance or recital or condition nor the principal or surety be discharged, but the principal and surety shall be bound by such bond to the full extent contemplated by the law requiring the same and the sureties to the amount specified in the bond. In all actions on a defective bond the plaintiff or relator may suggest the defect in his complaint and recover to the same extent as if such bond complied with the law requiring the same.
Formerly: Acts 1953, c.112, s.1111. As amended by Acts 1982, P.L.171, SEC.33.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 12. Inventory › 29-1-12-1. Classification of Properties; Appraisers; Copies of Inventories to Interested Persons

Sec. 1. (a) Within two (2) months after the appointment of a personal representative, unless a longer time is granted by the court, the personal representative shall prepare a verified inventory of the decedent's probate estate. The verified inventory must:
(1) consist of at least one (1) written instrument;
(2) indicate the fair market value of each item of property; and
(3) include a statement of all known liens and other charges on any item.
(b) Property listed in the inventory required by subsection (a) must be classified as follows:
(1) Real property, with plat or survey description, and if a homestead, designated as a homestead.
(2) Furniture and household goods.
(3) Emblements and annual crops raised by labor.
(4) Corporate stocks including the class, the par value or that it has no par value, if preferred stock the dividend rate.
(5) Mortgages, bonds, notes or other written evidences of debt or of ownership described by name of debtor, recording data, and other identification.
(6) Bank accounts, money, and insurance policies if payable to the estate of the decedent or to the decedent's personal representative.
(7) All other personal property accurately identified, including the decedent's proportionate share in any partnership, but no inventory of the partnership property shall be required.
(c) The personal representative may employ a disinterested appraiser to assist in ascertaining the fair market value as of the date of the decedent's death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The name and address of any appraiser must be indicated on the inventory with the item or items appraised by the appraiser.
(d) The personal representative shall furnish a copy of the inventory, or any supplement or amendment to it, to interested persons who request it, unless the personal representative has filed the original of the inventory, or any supplement or amendment to it, with the court.
Formerly: Acts 1953, c.112, s.1201; Acts 1971, P.L.409, SEC.1; Acts 1975, P.L.288, SEC.18. As amended by P.L.99-2013, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 12. Inventory › 29-1-12-3. Distant Places or Types of Property; Separate Inventory and Appraisement

Sec. 3. When such estate is situated in places distant from each other or is composed of different types of property, the personal representative may prepare the inventory in separate instruments for each place or type of property.
Formerly: Acts 1953, c.112, s.1203; Acts 1971, P.L.409, SEC.2; Acts 1975, P.L.288, SEC.19.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 12. Inventory › 29-1-12-5. Right of Action Against Executor; Insolvent Personal Representative

Sec. 5. The naming of any person as executor in a will shall not operate as a discharge or bequest of any right of action which the testator had against such executor, but such right of action, if it survives, shall be included among the assets of the decedent in the inventory. If the personal representative is or becomes insolvent, debts owed by him to the decedent shall not be deemed assets in his hands in determining the liability on his bond.
Formerly: Acts 1953, c.112, s.1205.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 12. Inventory › 29-1-12-6. Evidence

Sec. 6. Inventories and appraisements may be given in evidence in all proceedings, but shall not be conclusive, and other evidence may be introduced to vary the effect thereof.
Formerly: Acts 1953, c.112, s.1206.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-1. Possession of Property; Duties of Personal Representative

Sec. 1. Every personal representative shall have a right to take, and shall take, possession of all the real and personal property of the decedent. The personal representative:
(1) shall pay the taxes and collect the rents and earnings thereon until the estate is settled or until delivered by order of the court to the distributees;
(2) shall keep in tenantable repair the buildings and fixtures under the personal representative's control;
(3) may protect the buildings and fixtures under the personal representative's control by insurance; and
(4) may maintain an action:
(A) for the possession of real property; or
(B) to determine the title to real property.
Formerly: Acts 1953, c.112, s.1301; Acts 1973, P.L.287, SEC.7. As amended by Acts 1976, P.L.125, SEC.5; Acts 1979, P.L.268, SEC.4; P.L.95-2007, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-1.1. Right of Personal Representative to Access Decedent's Electronic Communications and Other Digital Assets

Sec. 1.1. IC 32-39-2-4 and IC 32-39-2-5 apply to the right of a personal representative who is acting on behalf of the estate of a deceased person to access:
(1) the content of an electronic communication (as defined in IC 32-39-1-6);
(2) a catalogue of electronic communications (as defined in IC 32-39-1-5); or
(3) any other digital asset (as defined in IC 32-39-1-10);
of the deceased person.
As added by P.L.12-2007, SEC.1. Amended by P.L.137-2016, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-2. Preserving Estate; Action to Prevent Loss

Sec. 2. No executor named in the will shall interfere with the estate entrusted to him further than to preserve the same until the issuing of letters; but, for that purpose, he may prosecute any suit to prevent the loss of any part thereof.
Formerly: Acts 1953, c.112, s.1302.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-3. Actions; Trespass; Waste; Costs; Examine Party

Sec. 3. Every personal representative shall have full power to maintain any suit in any court of competent jurisdiction, in his name as such personal representative, for any demand of whatever nature due the decedent or his estate or for the recovery of possession of any property of the estate or for trespass or waste committed on the estate of the decedent in his lifetime, or while in the possession of the personal representative; but he shall not be liable, in his individual capacity, for any costs in such suit, and shall have power, at his option, to examine the opposite party under oath, touching such demand.
Formerly: Acts 1953, c.112, s.1303.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-4. Fraudulent Conveyances; Recovery

Sec. 4. The real and personal property liable for the payment of debts of a decedent shall include all property transferred by him with intent to defraud his creditors or any of them, or transferred by any other means which is in law void as against his creditors or any of them; and the right to recover such property, so far as necessary for the payment of the debts of the decedent, shall be in the personal representative, who shall take such steps as may be necessary to recover the same. Such property shall constitute general assets for the payment of all creditors; but no property so transferred shall be taken from anyone who purchased it for a valuable consideration, in good faith and without knowledge of the fraud.
Formerly: Acts 1953, c.112, s.1304.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-5. Compromise; Debtor or Obligor

Sec. 5. When it appears for the best interest of the estate, the personal representative may on order of the court effect a fair and reasonable compromise with any debtor or other obligor, or extend, renew or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge or other lien upon property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of such encumbered assets from the owner thereof in satisfaction of the indebtedness secured by such lien, if it appears for the best interest of the estate and if the court shall so order. In the absence of prior authorization or subsequent approval of the court, no compromise shall bind the estate.
Formerly: Acts 1953, c.112, s.1305.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-6. Real Estate Interest as Personal Assets; Proceeds From Sale of Real Estate

Sec. 6. (a) Unless foreclosure shall have been completed and redemption period shall have expired prior to the death of a decedent, real property mortgages, the interest in the mortgaged premises conveyed thereby, and the debt secured thereby, or any real property acquired by the personal representative in settlement of a debt or liability, or any real property sold by the decedent on written contract, the purchase price of which shall not have been paid in full prior to the death of the decedent, shall be deemed personal assets in the hands of his personal representative and be distributed and accounted for as such, but any sale, mortgage, lease or exchange of any of such real property made after the death of the decedent shall be made pursuant to IC 29-1-15, unless otherwise provided in the will of the decedent.
(b) In all cases of a sale of real property by a personal representative, upon order of the court the surplus of the proceeds of such sale remaining on the final settlement of the account shall be considered as real property and disposed of among the persons and in the same proportions as the real property would have been if it had not been sold.
Formerly: Acts 1953, c.112, s.1306. As amended by Acts 1982, P.L.171, SEC.34.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-7. Mortgages; Release and Discharge

Sec. 7. When, in any case, a mortgage to the decedent is redeemed, or the debt secured thereby is or has been paid to the decedent or to his personal representative, the latter shall release and discharge the mortgage.
Formerly: Acts 1953, c.112, s.1307.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-8. Valueless Property; Abandonment

Sec. 8. When any property is valueless, or is so encumbered, or is in such condition that it is of no benefit to the estate, the court may order the personal representative to abandon it.
Formerly: Acts 1953, c.112, s.1308.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-9. Embezzlement; Conversion

Sec. 9. If a person embezzles or converts to the person's own use the personal property of a decedent before the appointment of a personal representative, the person is liable to the estate for the value of the property embezzled or converted.
Formerly: Acts 1953, c.112, s.1309. As amended by P.L.154-1990, SEC.8.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-10. Petitions; Concealment; Embezzlement; Conversion; Adverse Interest; Attachment

Sec. 10. (a) Upon the filing of a petition by the personal representative or any other person interested in the estate alleging that any person has, or is suspected to have, concealed, embezzled, converted or disposed, of any real or personal property belonging to the estate of a decedent, or has possession or knowledge of any such property or of any instruments in writing relating to such property, the court having probate jurisdiction, upon such notice as it may direct, may order such person to appear before it for disclosure, and may finally adjudicate the rights of the parties before the court with respect to such property. Insofar as concerns parties claiming an interest adverse to the estate, such procedure for disclosure or to determine title is an independent proceeding and not with IC 29-1-7-2.
(b) Any person so ordered to appear who fails or refuses to appear, or who refuses to answer concerning such property or to deliver up any such property in which no interest adverse to the estate is claimed by him, may be attached and imprisoned in the discretion of the court.
Formerly: Acts 1953, c.112, s.1310. As amended by Acts 1982, P.L.171, SEC.35.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-11. Business of Decedent; Continuing

Sec. 11. Upon a showing of advantage to the estate, the court may authorize the personal representative to continue any business of the decedent for the benefit of the estate; but if the decedent died testate and his estate is solvent, the order of the court shall be subject to the provisions of the will. The order may be with or without notice. If notice is not given to all interested persons before the order is made, notice of the order shall be given within five (5) days after the order, and any such person not previously notified by publication or otherwise may show cause why the order should be revoked or modified. The order may provide:
(a) For the conduct of the business solely by the personal representative or jointly with one (1) or more of the decedents' surviving partners, or as a corporation to be formed by the personal representative alone or acting with others;
(b) The extent of the liability of the estate, or any part thereof, or the personal representative, for obligations incurred in the continuation of the business;
(c) As to whether liabilities incurred in the conduct of the business are to be chargeable solely to the part of the estate set aside for use in the business or to the estate as a whole; and
(d) As to the period of time for which the business may be conducted, and such other conditions, restrictions, regulations and requirements as the court may order.
Formerly: Acts 1953, c.112, s.1311.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-12. Conveyance or Lease After Death of Decedent

Sec. 12. (a) When any person legally bound to make a conveyance or lease dies before making the same, the court, with or without notice, may direct the personal representative to make the conveyance or lease to the person entitled thereto. A petition for this purpose may be made by any person claiming to be entitled to such conveyance or lease, or by the personal representative, or by any other person interested in the estate or claiming an interest in the real property or contract, and shall show the description of the land and the facts upon which such claim for conveyance or lease is based. Upon satisfactory proofs the court may order the personal representative to execute and deliver an instrument of conveyance or lease to the person entitled thereto upon performance of the contract. A certified copy of the order may be recorded with the deed of conveyance or lease in the office of the recorder of the county where the land lies, and shall be prima facie evidence of the due appointment and qualification of the personal representative, the correctness of the proceedings and the authority of the personal representative.
(b) If a personal representative has been given power by will to make a conveyance or lease, he may, in lieu of the foregoing procedure, and without order of the court, execute a conveyance or lease, pursuant to and in accordance with such power, to the person entitled thereto upon performance of the contract. A certified copy of the will and a certified copy of the personal representative's letters may be recorded with the deed of conveyance or lease in the office of the recorder of the county where the land lies, and shall be prima facie evidence of the due appointment and qualification of the personal representative and his authority to execute the deed of conveyance or lease.
(c) If the contract for a lease or conveyance requires the giving of warranties, the deed or lease to be given by the personal representative shall contain the warranties required. Such warranties shall be binding on the estate as though made by the decedent but shall not bind the personal representative personally.
Formerly: Acts 1953, c.112, s.1312.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-13. Contracts; Performance by Personal Representative

Sec. 13. If at the time of death the decedent was obligated by the terms of any contract to further performance under the contract, the decedent's personal representative may, if it appears feasible and in the best interests of the estate, proceed to carry out the terms of such contract. In the event that the performance of such contract shall necessitate the expenditure of funds of the estate, or shall require the utilization of assets other than property which is itself the subject matter of such contract, such personal representative shall request and receive instructions from the court regarding the performance of the contract.
Formerly: Acts 1953, c.112, s.1313. As amended by P.L.136-2018, SEC.217.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-14. Investment of Funds

Sec. 14. Subject to his primary duty to preserve the estate for prompt distribution, and to the terms of the will, if any, the personal representative may with the approval of the court whenever it is reasonable to do so, invest the funds of the estate and make then productive. Such investments shall be restricted to the kinds of investments permitted to trustees by the laws of this state.
Formerly: Acts 1953, c.112, s.1314.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-15. Deposit of Funds

Sec. 15. Whenever it is consistent with a proper administration of the estate, the personal representative may deposit, as a fiduciary, the funds of the estate in a bank in this state as a general deposit, either in a checking account or in a savings account. If the personal representative is a bank or trust company, it may make such deposit in its own bank.
Formerly: Acts 1953, c.112, s.1315.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 13. Collection and Management of Assets › 29-1-13-16. Collection of Indebtedness; Secure Possession of Property; Special Administrator Appointed

Sec. 16. Whenever any interested person files with the court having jurisdiction of an estate a petition showing that such person has reason to believe and does believe that the personal representative of the estate or any other person is indebted to the estate, or that any property is in the possession of the personal representative of the estate or of any other person, and that diligent effort is not being made to collect such indebtedness or to secure possession of such property for the estate, the court shall hold a hearing upon such petition and shall determine what action, if any, shall be taken. Should the court decide that there is sufficient merit in the petitioner's claim to warrant action, it shall direct the personal representative to take such action as the court deems necessary; provided, however, where the person claimed to be indebted to the estate or having in his possession property belonging to the estate is the personal representative or where the court is of the opinion that the personal representative would not or could not for any reason prosecute such action with sufficient vigor, it shall appoint a special administrator to take such action as it shall direct.
Formerly: Acts 1953, c.112, s.1316.