reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 4. Surviving Spouse and Family Allowances › 29-1-4-1. Surviving Spouse and Family Allowances

Sec. 1. (a) The surviving spouse of a decedent who was domiciled in Indiana at the decedent's death is entitled from the estate to an allowance of twenty-five thousand dollars ($25,000). If there is no surviving spouse, the decedent's children who are under eighteen (18) years of age at the time of the decedent's death are entitled to the same allowance to be divided equally among them.
(b) The allowance under subsection (a) may be claimed against:
(1) the personal property of the decedent's estate;
(2) the real property that is part of the decedent's estate; or
(3) a combination of personal property under subdivision (1) and real property under subdivision (2).
(c) Not later than ninety (90) days after the order commencing the estate administration, an individual entitled to the allowance may file with the court an election specifying whether the allowance is being claimed under subsection (b) against the personal property of the estate or the real property that is part of the estate, or a combination of both. An interested party may file an objection to the manner in which the allowance is being claimed not later than thirty (30) days after the date the election is filed with the court. The court shall rule on the objection after notice and a hearing. If an election is not filed within ninety (90) days after the order commencing the estate administration, the allowance must be satisfied according to the following order of preference:
(1) From the intangible personal property of the estate.
(2) From the tangible personal property of the estate.
(3) From the real property that is part of the estate.
(d) If the personal property of the estate is less than twenty-five thousand dollars ($25,000) in value, the spouse or decedent's children who are under eighteen (18) years of age at the time of the decedent's death, as the case may be, are entitled to any real estate of the estate to the extent necessary to make up the difference between the value of the personal property and twenty-five thousand dollars ($25,000). The amount of that difference is a lien on the real estate. However, no real estate may be sold to satisfy the survivor's allowance unless the sale is approved:
(1) in an agreement signed by all interested persons; or
(2) by court order following notice to all interested persons.
(e) An allowance under this section is not chargeable against the distributive shares of either the surviving spouse or the children.
(f) For purposes of this section, the value of the real property that is part of a decedent's estate must be determined as of the date of the decedent's death.
Formerly: Acts 1953, c.112, s.401; Acts 1973, P.L.287, SEC.2; Acts 1975, P.L.288, SEC.3. As amended by Acts 1978, P.L.132, SEC.1; P.L.118-1997, SEC.11; P.L.42-1998, SEC.1; P.L.252-2001, SEC.11; P.L.143-2009, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 4. Surviving Spouse and Family Allowances › 29-1-4-2. Repealed

Formerly: Acts 1953, c.112, s.402. As amended by Acts 1965, c.379, s.1; Acts 1971, P.L.403, SEC.1. Repealed by Acts 1975, P.L.288, SEC.51.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 4. Surviving Spouse and Family Allowances › 29-1-4-3. Repealed

Formerly: Acts 1953, c.112, s.403. As amended by Acts 1971, P.L.403, SEC.2; Acts 1973, P.L.287, SEC.3. Repealed by Acts 1975, P.L.288, SEC.51.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-1. Sound Mind; Age; Armed Forces

Sec. 1. Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will.
Formerly: Acts 1953, c.112, s.501; Acts 1971, P.L.404, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-2. Writing; Witnesses

Sec. 2. (a) All wills except nuncupative wills shall be executed in writing.
(b) Any person competent at the time of attestation to be a witness generally in this state may act as an attesting witness to the execution of a will and his subsequent incompetency shall not prevent the probate thereof.
(c) If any person shall be a subscribing witness to the execution of any will in which any interest is passed to him, and such will cannot be proved without his testimony or proof of his signature thereto as a witness, such will shall be void only as to him and persons claiming under him, and he shall be compelled to testify respecting the execution of such will as if no such interest had been passed to him; but if he would have been entitled to a distributive share of the testator's estate except for such will, then so much of said estate as said witness would have been thus entitled to, not exceeding the value of such interest passed to him by such will, shall be saved to him.
(d) No attesting witness is interested unless the will gives to him some personal and beneficial interest. The fact that a person is named in the will as executor, trustee, or guardian, or as counsel for the estate, personal representative, trustee or guardian does not make him an interested person.
Formerly: Acts 1953, c.112, s.502.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-3.2. Video

Sec. 3.2. Subject to the applicable Indiana Rules of Trial Procedure and the Indiana Rules of Evidence, a video recording, one (1) or more photographs, or an audio recording made or captured during part or all of a will's execution may be admissible as evidence of the following:
(1) The proper execution of a will.
(2) The intentions of a testator.
(3) The mental state or capacity of a testator.
(4) The authenticity of a will.
(5) Matters that are determined by a court to be relevant to the probate of a will.
As added by P.L.4-2003, SEC.3. Amended by P.L.185-2021, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-3.3. Certain Wills Executed in Reliance on Supreme Court Order

Sec. 3.3. (a) This section applies to a will that is 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, or, 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 described in subsection (a) that was 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, or, 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 3.1 of this chapter or IC 29-1-21-4;
is not required to be reexecuted or reratified by the testator or the witnesses in compliance with the witnessing procedures specified under section 3 or 3.1 of this chapter as those chapters existed on June 30, 2020.
(c) A proponent who offers a 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 a will described in subsection (a) has the burden of proving noncompliance with subsection (b).
As added by P.L.185-2021, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-4. Nuncupative Will; Requisites; Limitations

Sec. 4. (a) A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be
(1) Declared to be his will by the testator before two (2) disinterested witnesses;
(2) Reduced to writing by or under the direction of one (1) of the witnesses within thirty (30) days after such declaration; and
(3) Submitted for probate within six (6) months after the death of the testator.
(b) The nuncupative will may dispose of personal property only and to an aggregate value not exceeding one thousand ($1,000) dollars, except that in the case of persons in active military, air or naval service in time of war the aggregate amount may be ten thousand ($10,000) dollars.
(c) A nuncupative will does not revoke an existing written will. Such written will is changed only to the extent necessary to give effect to the nuncupative will.
Formerly: Acts 1953, c.112, s.504.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-5. Compliance With Law

Sec. 5. A will is legally executed if the manner of its execution complies with the law, in force either at the time of execution or at the time of the testator's death, of:
(1) this state;
(2) the jurisdiction that the testator is actually present in at the time the testator executes the will; or
(3) the domicile of the testator at the time of execution or at the time of his death.
Formerly: Acts 1953, c.112, s.505. As amended by P.L.40-2018, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-6. Revocation; Revival

Sec. 6. No will in writing, nor any part thereof, except as in this article provided, shall be revoked, unless the testator, or some other person in his presence and by his direction, with intent to revoke, shall destroy or mutilate the same; or such testator shall execute other writing for that purpose, signed, subscribed and attested as required in section 3 or 3.1 of this chapter. A will can be revoked in part only by the execution of a writing as herein provided. And if, after the making of any will, the testator shall execute a second, a revocation of the second shall not revive the first will, unless it shall appear by the terms of such revocation to have been his intent to revive it, or, unless, after such revocation, he shall duly republish the previous will.
Formerly: Acts 1953, c.112, s.506. As amended by Acts 1982, P.L.171, SEC.16; P.L.4-2003, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-7. Nuncupative Will; Revocation

Sec. 7. A nuncupative will or any part thereof can be revoked by another nuncupative will.
Formerly: Acts 1953, c.112, s.507.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-8. Revocation; Divorce; Annulment of Marriage; Change in Circumstances

Sec. 8. If after making a will the testator is divorced, all provisions in the will in favor of the testator's spouse are revoked. Annulment of the testator's marriage shall have the same effect as a divorce. With this exception, no written will, nor any part of the will, can be revoked by any change in the circumstances or condition of the testator.
Formerly: Acts 1953, c.112, s.508. As amended by P.L.136-2018, SEC.214.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 5. Execution and Revocation of Wills › 29-1-5-9. Trust Inter Vivos; Execution

Sec. 9. An instrument creating an inter vivos trust in order to be valid need not be executed as a testamentary instrument pursuant to section 3 or 3.1 of this chapter, even though such trust instrument reserves to the maker or settlor the power to revoke, or the power to alter or amend, or the power to control investments, or the power to consume the principal, or because it reserves to the maker or settlor any one or more of said powers.
Formerly: Acts 1953, c.112, s.509. As amended by Acts 1982, P.L.171, SEC.17; P.L.4-2003, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship › 29-1-6-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
As added by P.L.220-2011, SEC.469.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship › 29-1-6-2. Contest of Wills; Admission Prevented; Forfeiture of Benefits

Sec. 2. (a) Except as provided in subsection (b), a no contest provision is enforceable according to the express terms of the no contest provision.
(b) Subsection (a) does not apply to the following proceedings:
(1) An action brought by a beneficiary if good cause is found by a court.
(2) An action brought by an executor or other fiduciary of a will that incorporates a no contest provision, unless the executor or other fiduciary is a beneficiary against whom the no contest provision is otherwise enforceable.
(3) An agreement, including a nonjudicial settlement agreement, among beneficiaries and any other interested persons to settle or resolve any other matter relating to a will or estate.
(4) An action to determine whether a proposed or pending motion or proceeding constitutes a contest.
(5) An action brought by or on behalf of a beneficiary to seek a ruling regarding the construction or interpretation of a will.
(6) An action or objection brought by a beneficiary, an executor, or other fiduciary that seeks a ruling on proposed distributions, fiduciary fees, or any other matter where a court has discretion.
(7) An action brought by the attorney general that:
(A) seeks a ruling regarding the construction or interpretation of:
(i) a will containing a charitable trust or charitable bequest; or
(ii) a no contest provision contained in a will or trust that purports to penalize a charity or charitable interest; or
(B) institutes any other proceedings relating to:
(i) an estate; or
(ii) a trust;
if good cause is shown to do so.
Formerly: Acts 1953, c.112, s.602. As amended by P.L.136-2018, SEC.215; P.L.163-2018, SEC.4; P.L.215-2018(ss), SEC.13.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship › 29-1-6-3. Restraint of Marriage

Sec. 3. A devise to a spouse with a condition in restraint of marriage shall stand, but the condition shall be void.
Formerly: Acts 1953, c.112, s.603.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship › 29-1-6-4. Repealed

Formerly: Acts 1953, c.112, s.604; Acts 1975, P.L.288, SEC.5. As amended by Acts 1979, P.L.269, SEC.1. Repealed by P.L.293-1983, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship › 29-1-6-5. Construction of Wills; Petition

Sec. 5. The court in which a will is probated shall have jurisdiction to construe it. Such construction may be made on a petition of the personal representative or of any other person interested in the will; or, if a construction of the will is necessary to the determination of an issue properly before the court, the court may construe the will in connection with the determination of such issue. When a petition for the construction of a will is filed during administration of the estate, notice of the hearing thereon shall be given to interested persons. If the estate has been closed prior to the filing of such petition, notice shall be given as in civil actions.
Formerly: Acts 1953, c.112, s.605.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 6. Construction of Wills, Renunciation of Interests, and Determination of Heirship › 29-1-6-6. Determination of Heirship; Good Faith Purchasers

Sec. 6. (a) At any time during the administration of a decedent's estate, the personal representative or any interested person may petition the court to determine the heirs of said decedent and their respective interests in the estate or any part thereof. Upon the filing of the petition the court shall fix the time for the hearing thereof, notice of which shall be given to all persons known or believed to claim or have any interest in the estate or any part thereof as heir or through an heir of the decedent. In addition, notice by publication shall be given to all unknown heirs of the decedent.
(b) Upon the hearing of the petition, heirship may be determined by competent evidence or, if there be no objection, by affidavit. A record shall be made of all oral evidence, and such record and all affidavits shall remain as part of the files in the estate proceeding.
(c) Upon satisfactory proof the court shall make a decree determining the heirs of the decedent and their respective interests in the estate or any part thereof.
(d) The decree of court as provided in subsection (c) shall be conclusive of the facts determined therein on any interested person who has been notified personally or by mail in accordance with the provisions of this article, subject to the right of appeal.
(e) All acts of the personal representative which were lawful when performed according to the facts determined by the decree as provided in subsection (c) shall be valid insofar as concerns the rights and liability of a purchaser, lessee or other person dealing with the personal representative for value and in good faith and insofar as concerns a personal representative who has acted in good faith.
Formerly: Acts 1953, c.112, s.606. As amended by Acts 1982, P.L.171, SEC.18.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The amendments made to section 17 of this chapter by P.L.284-1987 do not apply to wills admitted to probate before April 21, 1987.
(2) The amendments made to sections 18 and 19 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997.
(3) The amendments made to sections 7, 7.5, and 17 of this chapter by P.L.252-2001 apply to the estate of an individual who dies after June 30, 2001.
As added by P.L.220-2011, SEC.470.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-1. Venue; Transfer of Proceedings

Sec. 1. (a) The venue for the probate of a will and for the administration of an estate shall be:
(1) In the county in this state where the decedent had his domicile at the time of his death.
(2) When not domiciled in this state in any county in the state, where he left any property at the time of his decease; or into which county any property belonging to his estate may have come after his decease.
(b) If proceedings are commenced in more than one (1) county, they shall be stayed except in the county where first commenced until final determination of the venue by the court in the county where first commenced, and thereupon all proceedings in any county, other than the county where jurisdiction has been finally determined to exist, shall be dismissed. If the proper venue is finally determined to be in another county, the court, after making and retaining a true copy of the entire file, shall transmit the original to the proper county. The proceeding shall be deemed commenced by the filing of a petition; and the proceeding first legally commenced shall extend to all of the property of the estate in this state.
(c) If it appears to the court at any time before the decree of final distribution in any proceedings that the proceeding was commenced in the wrong county or that it would be for the best interests of the estate, the court, in its discretion, may order the proceeding with all papers, files and a certified copy of all orders therein transferred to another court having probate jurisdiction, which other court shall thereupon proceed to complete the administration proceedings as if originally commenced therein.
Formerly: Acts 1953, c.112, s.701.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-2. One Proceeding in Rem

Sec. 2. The probate of a will and the administration of the estate shall be considered one (1) proceeding for the purposes of jurisdiction. The entire proceeding and the administration of a decedent's estate is a proceeding in rem. This section applies to proceedings under IC 29-1-13-4, IC 29-1-13-16, and IC 29-1-14-10.
Formerly: Acts 1953, c.112, s.702. As amended by P.L.154-1990, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-3. Produce Will in Court; Contempt; Damages

Sec. 3. (a) After the death of a person, the person having custody of the decedent's will:
(1) may; or
(2) shall, upon written demand by the personal representative or upon court order;
deliver the will to the court which has jurisdiction of the administration of the decedent's estate.
(b) A verified written application may be filed by or on behalf of any interested person or any personal representative named, in any court having jurisdiction of the administration of the decedent's estate for an order of that court against any person who is alleged to have the custody of the will of the said person so dying, to produce said will before said court at the time fixed by said court in order that said will may be probated. Upon the filing of said application, the court shall cause notice to issue of the filing thereof to the person alleged in said petition to have the custody of said will. If, upon the hearing of said application, the court shall find the allegations thereof to be true, the court shall enter an order directing the person so named in said application to deliver said will within the time fixed in said order, to such person as the court shall designate, so that the same may be offered for probate.
(c) If the person against whom said order is issued shall, after said order shall have been served upon him, fail without just cause to so produce said will at the time so fixed therefor, he shall be guilty of contempt of court and may by said court be committed to the jail of the county in which said court is located, there to remain until he produces said will, or until said order to produce shall have been vacated, and said person so found guilty of contempt shall also be liable to any person interested in the probate of said will for all damages he may sustain by the failure of said person to comply with said order.
Formerly: Acts 1953, c.112, s.703. As amended by P.L.165-2002, SEC.5.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-3.1. Will Depository

Sec. 3.1. (a) This section applies whether it is:
(1) known; or
(2) unknown;
whether a testator is living.
(b) As used in this section, "depositor" refers to a person who deposits a will with the circuit court clerk under this section.
(c) As used in this section, "will" refers to an original:
(1) will;
(2) codicil; or
(3) will and codicil.
(d) A person may deposit a will with the circuit court clerk of the county in which the testator resided when the testator executed the will. The circuit court clerk may assume, without inquiring into the facts, that the depositor's representation is accurate as to the county where the testator resided when the testator executed the will. Except as provided in subsection (e), the circuit court clerk shall collect a fee of twenty-five dollars ($25) for the deposit of the will. The circuit court clerk shall deposit the fee in the clerk's record perpetuation fund under IC 33-37-5-2.
(e) The circuit court:
(1) shall waive the fee under subsection (d) if:
(A) a court with probate jurisdiction of the county where the will is deposited certifies that the depositor deposits the will:
(i) as a participant; or
(ii) for a participant;
in a program of the supreme court, including the Judges and Lawyers Assistance Program established under Rule 31 of the supreme court Rules for Admission to the Bar and the Discipline of Attorneys; and
(B) the certification described in clause (A) accompanies the will when the will is deposited; and
(2) may waive the fee under subsection (d) if the depositor is no longer practicing law.
(f) Upon receipt of a will under this section, the circuit court clerk shall:
(1) provide the depositor with a receipt for the will;
(2) place the will in an envelope and seal the envelope securely in the presence of the depositor;
(3) designate on the envelope the:
(A) date of deposit;
(B) name of the testator; and
(C) name and address of the depositor; and
(4) index the will alphabetically by the name of the testator.
An envelope and will deposited under this section is not a public record under IC 5-14-3.
(g) During the testator's lifetime, the circuit court clerk shall:
(1) keep the envelope containing the will sealed; and
(2) deliver the envelope to:
(A) the testator; or
(B) a person authorized, in a writing signed by the testator, to receive the envelope.
(h) If the circuit court clerk has custody of the will after the death of the testator, the circuit court clerk may deliver the will to the court that has jurisdiction of the administration of the decedent's estate as set forth in section 3 of this chapter.
(i) A circuit court clerk may destroy a will deposited under this section if:
(1) the circuit court clerk has not received notice of the death of the testator; and
(2) at least one hundred (100) years have passed since the date the will was deposited.
(j) A depositor that complies with this section is immune from civil liability for depositing the will.
As added by P.L.238-2005, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-4. Petitions; Hearing

Sec. 4. (a) Any interested person or a personal representative named in the will may petition the court having jurisdiction of the administration of the decedent's estate:
(1) to have the will of such decedent, whether the same is written or is unwritten, is in his possession or not, is lost, destroyed, or without the state, probated;
(2) for the issuance of letters testamentary to the executor named in said will for the administration of said estate;
(3) for the appointment of an administrator with the will annexed if no executor is designated in said will or if the person so designated is not qualified, dead, or refuses to serve; or
(4) for the appointment of an administrator for the estate of any person dying intestate.
(b) A petition for probate may be combined with a petition for the issuance of letters testamentary, or as administrator with the will annexed, and a person interested in the probate of a will and in the administration of the estate may petition for both.
(c) No notice that a will is to be offered for probate or that it has been probated shall be required.
(d) No notice of the filing of, and hearing on, the petition described in this section shall be given to or served upon any person. If the petition described herein is filed in term time, it shall be heard forthwith by the court, and if filed in vacation, it shall be heard by the judge of said court if present, or in his absence by the clerk of the said court.
(e) If:
(1) an interested person petitions for the appointment of an administrator for the estate of a person dying intestate; and
(2) a petition to dissolve the marriage of the decedent and the decedent's spouse is pending in an Indiana court or the court of another state at the time of the decedent's death;
the court may not appoint the decedent's spouse to be the administrator of the decedent's estate.
(f) Subsection (e) does not apply to a petition for appointment of an administrator for the estate of a person dying intestate if the application of subsection (e) is waived in an agreement signed by each person, except a person who is incapacitated or a minor, who is eligible for a distribution from the decedent's net estate under IC 29-1-2-1. A waiver may be submitted to the court at any time before the appointment of an administrator.
Formerly: Acts 1953, c.112, s.704. As amended by P.L.182-1999, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-4.5. Notice of Delivery to Consenting Parties or to Parties Waiving Notice of Proceedings in the Estate

Sec. 4.5. (a) Except as provided in subsection (b) and section 4 of this chapter, each petition or other document that a personal representative files in the court with:
(1) a written consent to the petition or other document; or
(2) a written waiver of notice of proceedings in the estate;
must contain a statement that the personal representative has delivered a copy of the petition or other document to each person whose written consent or waiver of notice of proceedings is presented to the court in support of the petition or other document.
(b) A petition or other document described in subsection (a) is not required to contain the statement of delivery otherwise required by subsection (a) if the written consent or written waiver filed with the petition or other document contains a statement by the person whose signature appears on the consent or waiver:
(1) identifying the petition or other document; and
(2) affirming that the person has:
(A) received a copy of the petition or other document; and
(B) had a reasonable time to read and understand the nature of the petition or other document before signing the consent or waiver.
(c) A person may appoint in writing an agent (who is not an interested person) to do the following under this section:
(1) Consent to petitions and other documents.
(2) Receive or waive notice of proceedings.
As added by P.L.6-2010, SEC.7. Amended by P.L.51-2014, SEC.1.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-5. Petition for Probate; Letters Testamentary; Administrator With Will Annexed; Appointment of Administrator

Sec. 5. A petition for the probate of a will and for the issuance of letters testamentary or for the appointment of an administrator with the will annexed, or for the appointment of an administrator, shall state:
(1) the name, domicile, and date of the death of the decedent, and whether the decedent is an adult or a minor;
(2) the name, and place of residence of each heir, and whether the heir is an adult or a minor, in the event the decedent left no will; and the name, and place of residence of each legatee and devisee, and whether each legatee and devisee is an adult or a minor, in the event the decedent left a will, so far as such are known or can with reasonable diligence be ascertained by the personal representative;
(3) whether the person named in subdivision (1) died testate or intestate;
(4) if the decedent was not domiciled in the state at the time of death, a description of the property to be administered which is within the county in which the petition is filed;
(5) if the will sought to be probated is unwritten, lost, or was improperly destroyed or suppressed, a detailed statement of the provisions of said will so far as known;
(6) the name and place of residence or business address of the person, if any, designated as executor of the will;
(7) if the petition be for the appointment of an administrator with the will annexed, or of an administrator, the name and place of residence or business address of the person to be so appointed, together with a statement of the person's relationship to the decedent, and such other facts, if any, which entitle such person to be so appointed;
(8) the name and business address of the attorney who is to represent the personal representative; and
(9) if the person named in subdivision (1) died intestate, whether a petition to dissolve the marriage of the decedent and the decedent's spouse is pending in an Indiana court or the court of another state at the time of the decedent's death.
Formerly: Acts 1953, c.112, s.705; Acts 1955, c.258, s.3. As amended by Acts 1976, P.L.125, SEC.1; P.L.182-1999, SEC.2; P.L.238-2005, SEC.10.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-6. Notice of Hearing; Request; Provision of Relevant Materials by Personal Representative

Sec. 6. (a) At any time after the issuance of letters, any person interested in the estate may serve upon the personal representative, or upon his attorney, and file with the clerk of the court where the proceedings are pending with a written admission or proof of such service, a written request, stating that he desires written notice by ordinary mail of the time and place of all hearings on the settlement of accounts, on final distribution, and on any other matters for which any notice is required by law, by rule of court, or by an order in the particular case. The applicant for such notice must include in his written request his post office address or that of his attorney. Unless the court otherwise directs, upon filing such request such person shall be entitled to notice of all hearings for which any notice is required as aforesaid, or of such of those hearings as he designates in his request.
(b) Upon petition by an interested person, the court having jurisdiction over the estate may, in its discretion, under such terms and conditions as the court considers appropriate, order the personal representative to provide that interested person with relevant materials specified in the court's order.
Formerly: Acts 1953, c.112, s.706. As amended by Acts 1979, P.L.268, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-7.5. Personal Representative; Reasonable Diligence to Discover Creditors of Decedent; Affidavit; Presumption of Reasonable Diligence

Sec. 7.5. (a) A personal representative shall exercise reasonable diligence to discover the reasonably ascertainable creditors of the decedent within one (1) month of the first publication of notice under section 7 of this chapter.
(b) A personal representative is considered to have exercised reasonable diligence under subsection (a) if the personal representative:
(1) conducts a review of the decedent's financial records that are reasonably available to the personal representative; and
(2) makes reasonable inquiries of the persons who are likely to have knowledge of the decedent's debts and are known to the personal representative.
(c) A personal representative may file an affidavit with the clerk of the court stating that the personal representative has complied with the requirements of subsection (b). In addition, a personal representative may petition the court for an order declaring that:
(1) the personal representative has complied with the requirements of subsection (b); and
(2) any creditors not known to the personal representative after complying with the requirements of subsection (b) are not reasonably ascertainable.
(d) If a personal representative complies with the requirements of subsection (b), the personal representative is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and creditors not discovered are presumed not reasonably ascertainable. The presumptions may be rebutted only by clear and convincing evidence.
As added by P.L.154-1990, SEC.3. Amended by P.L.252-2001, SEC.13.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-8. Death in Doubt; Search for Alleged Decedent

Sec. 8. Whenever there is any doubt that the person whose estate is to be administered is dead, the court, upon application of any interested person, may direct the personal representative to make search for the alleged decedent in any manner which the court may deem advisable, including any or all of the following methods:
(a) By inserting in one (1) or more suitable periodicals a notice requesting information from any person having knowledge of the whereabouts of the alleged decedent;
(b) By notifying officers of justice and public welfare agencies in appropriate locations of the disappearance of the alleged decedent;
(c) By engaging the services of an investigation agency.
Formerly: Acts 1953, c.112, s.708.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-9. Admission to Probate; Proof of Will

Sec. 9. Before a written will shall be admitted to probate, the will shall be proved by one (1) or more of the subscribing witnesses, or if all of them are dead, out of the state, or have become incapacitated for any reason since attesting the will, then the will shall be admitted to probate upon proof of the handwriting of the testator or of one (1) of the subscribing witnesses.
Formerly: Acts 1953, c.112, s.709. As amended by P.L.33-1989, SEC.36.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-10. Absence of Competent Witnesses; Handwriting; Proof

Sec. 10. If none of the subscribing witnesses to a will can be found, or if all are dead, absent from the state, or incapacitated, one (1) or more of these situations shall be proved to the satisfaction of the court before evidence of the handwriting of the testator or of the subscribing witnesses provided for in section 9 of this chapter shall be admitted in evidence.
Formerly: Acts 1953, c.112, s.710. As amended by Acts 1982, P.L.171, SEC.19; P.L.33-1989, SEC.37.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-12. Nuncupative Wills; Proof

Sec. 12. Proof of nuncupative wills is subject to the requirements of IC 29-1-5-4.
Formerly: Acts 1953, c.112, s.712. As amended by Acts 1982, P.L.171, SEC.20.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-13. Admission to Probate; Petitions; Self-Proved Wills; Signature Requirement Presumptions

Sec. 13. (a) When a will is offered for probate, if the court finds that the testator is dead and that the will was executed in all respects according to law, it shall be admitted to probate as the last will of the deceased, unless objections are filed as provided in section 16 of this chapter.
(b) On a petition for the qualification of an executor or for the appointment of an administrator the court shall grant letters accordingly or, on proper grounds, may deny the petition.
(c) If the will is self-proved, compliance with signature requirements for execution and other requirements of execution are presumed subject to rebuttal without the testimony of any witness upon filing the will and the acknowledgment and verifications annexed or attached to the will, unless there is proof of fraud or forgery affecting the acknowledgment or verification.
Formerly: Acts 1953, c.112, s.713; Acts 1975, P.L.288, SEC.7.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-14. Certificate of Probate; Evidence

Sec. 14. When proved as herein provided, every written will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the court of such order of probate, which certificate shall give the number and page of the will record where it is recorded. If for any reason a written will is not in the custody of the court, or if the will is oral, the court shall find the contents thereof, and the order admitting the will to probate shall state the contents and a certificate shall be annexed as above provided. Every will certified as herein provided, or the record thereof, or a duly certified transcript of the record, may be read in evidence in all the courts within this state without further proof.
Formerly: Acts 1953, c.112, s.714.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-15. Repealed

Formerly: Acts 1953, c.112, s.715. As amended by Acts 1971, P.L.405, SEC.1. Repealed by Acts 1973, P.L.289, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-15.2. Sale of Real Property; Permitted Use of Proceeds

Sec. 15.2. (a) This section applies to real property subject to section 15.1(b) of this chapter, if the personal representative sells the real property to:
(1) satisfy a lien of record in the county in which the real property is located;
(2) pay costs of administration; or
(3) use the sale proceeds for any other payment or distribution approved by the written consent of a majority in interest of the distributees under IC 29-1-10-21.
(b) The proceeds of the sale of real property described in subsection (a) will retain the same protection that section 15.1(b) of this chapter provides to real property with respect to payment of any debt or obligation of the deceased person not described in subsection (a).
As added by P.L.163-2018, SEC.7. Amended by P.L.184-2021, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-16. Objections to Probate

Sec. 16. Prior to the admission of a will to probate, written objections to its probate alleging that such objections are not made for vexation or delay may be filed in the court having jurisdiction over the probate of the will by any interested person. No notice of the filing of such objection need be given. The clerk shall note such filing of an objection in the estate docket and copy such objections in the will record. If such will is thereafter offered for probate, it shall be impounded by the clerk, copied in the will record, and its probate continued for thirty (30) days. If an action to resist the probate of such will is not commenced within thirty (30) days, such will may be admitted to probate without notice.
Formerly: Acts 1953, c.112, s.716. As amended by Acts 1982, P.L.171, SEC.21; P.L.154-1990, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-17. Contest of Wills; Requisites; Grounds

Sec. 17. Except as provided in section 16.5 of this chapter, any interested person may contest the validity of any will in the court having jurisdiction over the probate of the will within three (3) months after the date of the order admitting the will to probate by filing in the same court, in a separate cause of action, the person's allegations in writing verified by affidavit, setting forth:
(1) the unsoundness of mind of the testator;
(2) the undue execution of the will;
(3) that the will was executed under duress or was obtained by fraud; or
(4) any other valid objection to the will's validity or the probate of the will.
The executor and all other persons beneficially interested in the will shall be made defendants to the action.
Formerly: Acts 1953, c.112, s.717; Acts 1975, P.L.288, SEC.9. As amended by P.L.172-1986, SEC.1; P.L.284-1987, SEC.1; P.L.94-1989, SEC.2; P.L.154-1990, SEC.5; P.L.252-2001, SEC.14; P.L.190-2016, SEC.37; P.L.194-2017, SEC.1; P.L.38-2023, SEC.4.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-17.5. Contest of Two or More Wills

Sec. 17.5. (a) The court, in its discretion and upon application of any party instituting an action under section 16 or 17 of this chapter, may permit the contest of two (2) or more wills if there is prima facie evidence that:
(1) the decedent suffered from an irreversible medical or psychiatric condition that predated the earliest will to be challenged; or
(2) a party beneficially interested in one (1) or more challenged wills had a direct and active nexus with the preparation or execution process for each will to be challenged on the basis of undue influence.
The prima facie preliminary evidentiary showing under subdivision (1) shall be made by an affidavit of the decedent's treating physician or through the records of a health care provider obtained during discovery and tendered to the court under Rule 803(6) of the Indiana Rules of Evidence.
(b) If the court exercises its discretion to permit the challenge to two (2) or more wills in one (1) proceeding, a challenger is eligible to request attorney's fees under IC 29-1-10-14 if the challenger stands to directly benefit from a successful suit. The court shall review the attorney's fee claims at the conclusion of the will contest. The award and allocation of attorney's fees paid from the estate shall be solely at the discretion of the court.
As added by P.L.231-2019, SEC.9.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-18. Contest of Wills; Notice and Service Requirements

Sec. 18. (a) When an action is brought to contest the validity of any will as provided in this article, notice is served upon the defendants in the same manner as required by the Indiana Rules of Trial Procedure.
(b) A contesting party shall also serve a copy of the complaint on the counsel of record, if any, for the personal representative. The court may not enter a default judgment for the contesting party unless proof of service on the counsel for the personal representative is made to the court.
Formerly: Acts 1953, c.112, s.718. As amended by Acts 1982, P.L.171, SEC.22; P.L.118-1997, SEC.13; P.L.51-2014, SEC.2.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-19. Contest of Wills; Bond of Plaintiff

Sec. 19. At the time of filing a verified complaint under section 17 of this chapter, the plaintiff in the action, or some other person on the plaintiff's behalf, shall file a bond with sufficient sureties in an amount approved by the court, conditioned for the due prosecution of the proceedings and for the payment of all costs if in the proceedings judgment is rendered against the plaintiff.
Formerly: Acts 1953, c.112, s.719. As amended by Acts 1982, P.L.171, SEC.23; P.L.118-1997, SEC.14.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-20. Contest of Wills; Burden of Proof

Sec. 20. In a suit:
(1) objecting to the probate of a will under section 16 of this chapter; or
(2) testing the validity of a will after probate under section 17 of this chapter;
the burden of proof is upon the contestor.
Formerly: Acts 1953, c.112, s.720. As amended by Acts 1982, P.L.171, SEC.24; P.L.94-1989, SEC.3; P.L.86-2018, SEC.210.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-21. Contest of Wills; Burden of Proof

Sec. 21. If such determination be against the validity of such will or the competency of the proof, the court shall refuse or revoke the probate thereof; but if it be in favor of the validity and due execution of such will, probate thereof shall be admitted or ratified.
Formerly: Acts 1953, c.112, s.721.
2023 Indiana Code › Title 29. Probate › Article 1. Probate Code › Chapter 7. Probate and Grant of Administration › 29-1-7-22. Revocation of Probate

Sec. 22. Whenever the probate of any will shall be revoked as herein provided, the clerk of the proper court shall record such revocation in the record of wills and probate thereof and attest the same.
Formerly: Acts 1953, c.112, s.722.