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 […]
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 […]
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 […]
Formerly: Acts 1953, c.112, s.711. Repealed by Acts 1975, P.L.288, SEC.51.
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.
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 […]
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 […]
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 Repealed by Acts 1973, P.L.289, SEC.4.
Sec. 15.1. (a) When it has been determined that a decedent died intestate and letters of administration have been issued upon the decedent’s estate, no will shall be probated unless it is presented for probate: (1) before the court decrees final distribution of the estate; or (2) in an unsupervised estate, before a closing statement […]
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 […]
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 […]
Sec. 17. 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 […]
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 […]
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 […]
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 […]
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, […]
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; […]
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.
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.
Sec. 23. (a) When a person dies, the person’s real and personal property passes to persons to whom it is devised by the person’s last will or, in the absence of such disposition, to the persons who succeed to the person’s estate as the person’s heirs; but it shall be subject to the possession of […]
