29-1-10-0.1. Application of Certain Amendments to Chapter
Sec. 0.1. The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997. As added by P.L.220-2011, SEC.476.
29-1-10-1. Letters Testamentary; Letters of General Administration; Persons to Whom Granted; Order; Qualifications
Sec. 1. (a) Domiciliary letters testamentary or domiciliary letters of general administration may be granted to one (1) or more of the persons mentioned in this subsection, natural or corporate, who are not disqualified, in the following order: (1) To the executor or executors designated in a will that has been admitted to probate. (2) […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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: […]
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 […]
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 […]
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 […]
29-1-10-2. Letters; Renouncing Right
Sec. 2. Any person entitled to letters testamentary or to general letters of administration may renounce his right thereto in writing, which renunciation shall be filed with the clerk. Formerly: Acts 1953, c.112, s.1002.
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 […]
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 […]
29-1-10-3. Letters; Issuance; Conditions
Sec. 3. Letters testamentary, of administration, of administration with the will annexed, de bonis non, and all other letters special or otherwise, shall be issued to the person entitled to receive the same when: (a) Said person, if an individual, has taken and subscribed before the clerk or any other officer authorized to administer oaths, […]
29-1-10-4. Letters; Evidence of Authority
Sec. 4. Letters issued to a personal representative, attested by the clerk, and under the seal of the court issuing them, shall be conclusive evidence of the authority of the person to whom they are issued until superseded or revoked, and shall extend to all the estate, personal and real, of the decedent within the […]
29-1-10-5. Actions or Proceedings; Evidence of Authority
Sec. 5. In any action or proceeding brought by the personal representative in such representative capacity, it shall not be necessary for him to make profert of his letters, nor shall his right to sue as such personal representative be questioned, unless the opposite party shall file a plea denying such right, with his affidavit […]