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Home » US Law » 2022 Indiana Code » Title 29. Probate » Article 1. Probate Code » Chapter 7.5. Unsupervised Administration and Claims Against Personal Representatives and Distributees

29-1-7.5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 3.8 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997. (2) The amendments made to section 4 of this chapter by P.L.252-2001 apply to the estate of an individual […]

29-1-7.5-1. Persons Entitled to Petition; Notice to Creditors

Sec. 1. (a) Upon the filing of a petition under IC 29-1-7-5, the following persons may at any time petition the court for authority to have a decedent’s estate administered without court supervision: (1) The decedent’s heirs at law if the decedent dies intestate. (2) The legatees and devisees under the decedent’s will. (3) The […]

29-1-7.5-1.5. Notice to Distributees

Sec. 1.5. (a) As soon as letters testamentary or letters of administration have been issued, the clerk of the court shall serve by mail notice of the petition on each of the decedent’s heirs at law, if the decedent died intestate, or the devisees and legatees under the decedent’s will. The mailing of notice under […]

29-1-7.5-2. Conditions to Grant of Petition; Collateral Attack; Revocation

Sec. 2. (a) The court may grant a petition for administration without court supervision if: (1) all the persons referred to in either section 1(a)(1) or 1(a)(2) of this chapter have joined in the petition; (2) the estate is solvent; (3) the personal representative is qualified to administer the estate without court supervision; (4) the […]

29-1-7.5-2.5. Personal Representative’s Bond

Sec. 2.5. (a) Except as provided in subsection (c), a personal representative is not required to execute and file a bond relating to the duties of the personal representative’s office under this chapter unless: (1) the will provides for the execution and filing of a bond; or (2) the court finds, on the court’s own […]

29-1-7.5-3. Powers of Personal Representative to Act Without Order of Court

Sec. 3. (a) Subject to section 2(d) of this chapter, a personal representative who administers an estate under this chapter may do the following without order of the court: (1) Retain assets owned by the decedent pending distribution or liquidation including those in which the representative is personally interested or which are otherwise improper for […]

29-1-7.5-3.2. Inventories

Sec. 3.2. (a) Not more than two (2) months after the appointment of a personal representative under this chapter, the personal representative shall prepare a verified inventory of the decedent’s probate estate. The inventory may consist of at least one (1) written instrument. (b) The inventory required under subsection (a) must indicate the fair market […]

29-1-7.5-3.4. Distribution of Real Property

Sec. 3.4. (a) This section applies to the distribution of real property by a personal representative to a devisee or heir under this chapter. (b) The conveyance subscribed by the personal representative under this section is sufficient to distribute all title in the real property to the devisee or heir if the conveyance includes substantially […]

29-1-7.5-3.6. Conveyance of Real Property

Sec. 3.6. (a) This section applies to a conveyance of real property by a personal representative under this chapter. (b) The conveyance subscribed by the personal representative is sufficient to convey all title in the real property to the grantee if the conveyance includes substantially the following language: “A.B. is the personal representative of the […]

29-1-7.5-3.8. Prompt Closing of Estates

Sec. 3.8. (a) A personal representative shall close an estate administered under this chapter as promptly as possible. (b) If a personal representative does not file a closing statement under section 4 of this chapter within one (1) year after the appointment of the personal representative, the personal representative shall file a statement with the […]

29-1-7.5-4.5. Uncontested Closing Statements; Audits and Inquiries

Sec. 4.5. If, after three (3) months following the date that the closing statement required under section 4 of this chapter is filed, an objection to the closing statement has not been filed, the court does not have a duty to audit or make an inquiry. As added by P.L.130-1992, SEC.8.

29-1-7.5-5. Undischarged Claims; Actions Against Distributees; Contribution

Sec. 5. After assets of an estate have been distributed, and subject to section 7 of this chapter, an undischarged claim not barred may be prosecuted in a proceeding against one (1) or more distributees. No distributee is liable to claimants for amounts in excess of the value of his distribution as of the time […]

29-1-7.5-6. Claims Against Personal Representatives; Limitation

Sec. 6. Unless previously barred by adjudication and except as provided in the closing statement, all claims against the personal representative, including claims by a person under a disability, are barred unless a proceeding to assert the same is commenced within three (3) months after the filing of the closing statement. The rights thus barred […]

29-1-7.5-7. Claims Against Distributees; Limitation

Sec. 7. Unless otherwise barred, the claim of any claimant, including a claimant under a disability, to recover from a distributee who is liable to pay the claim, and the right of any heir or devisee, including an heir or devisee under a disability, or of a successor personal representative acting in their behalf, to […]

29-1-7.5-8. Subsequently Discovered Estate; Appointment of Personal Representative

Sec. 8. If other property of the estate is discovered after the estate has been settled and the personal representative discharged or three (3) months after a closing statement has been filed, the court upon petition of any interested person and upon notice as it directs may appoint the same or a successor personal representative […]