US Lawyer Database

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 […]

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; […]

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.

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.

29-1-7-23. Real and Personal Property; Devolution; Prima Facie Evidence

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 […]

29-1-7-24. Probate of Will; Necessity to Prove Title to Property

Sec. 24. Except as provided in IC 29-1-13-2, no will is effective for the purpose of proving title to, or the right to the possession of, any real or personal property disposed of by the will, until it has been admitted to probate. Formerly: Acts 1953, c.112, s.724; Acts 1975, P.L.288, SEC.10. As amended by […]

29-1-7-25. Foreign Wills; Receipt and Recording Authorized

Sec. 25. (a) Any will that has been proved or allowed in any other state or in any foreign country, according to the laws of that state or country, may be received and recorded in this state: (1) before the deadlines imposed by section 15.1(g) of this chapter, unless the will is probated for a […]

29-1-7-26. Foreign Wills; Certification

Sec. 26. Such will shall be duly certified under the seal of the court or officer taking such proof; or a copy of such will and the probate thereof shall be duly certified under the seal of his court or office by the clerk, prothonotary or surrogate who has the custody or probate thereof, and […]

29-1-7-27. Foreign Wills; Filing and Recording

Sec. 27. Such will or copy, and the probate thereof, may be produced by any person interested therein to the court of the county having jurisdiction in which there is any estate on which the will may operate; and if said court shall be satisfied that the instrument ought to be allowed as the last […]