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Home » US Law » 2022 Indiana Code » Title 29. Probate » Article 1. Probate Code » Chapter 11. Bond of Personal Representative

29-1-11-1. Conditions Requiring Execution and Filing

Sec. 1. A personal representative is not required to execute and file a bond relating to the duties of his office unless: (1) the will provides for the execution and filing of such a bond; or (2) the court finds, on its own motion or on petition by an interested person, that a bond is […]

29-1-11-10. Breach of Obligation; Damages; Intervention

Sec. 10. (a) The court may, on breach of the obligation of the bond of the personal representative, after notice to the obligors in the bond and to such other persons as the court directs, determine the damages as a part of the proceeding for the administration of the estate, and by appropriate proceeding enforce […]

29-1-11-11. Validity; Bound to Full Extent; Action on Defective Bond

Sec. 11. No surety bond entered into under the provisions of this article shall be void for want of form or substance or recital or condition nor the principal or surety be discharged, but the principal and surety shall be bound by such bond to the full extent contemplated by the law requiring the same […]

29-1-11-2. Deposit of Money or Assets; Withdrawal

Sec. 2. It shall be lawful for the personal representative to agree with his surety for the deposit of any or all money and other assets of the estate with a bank, safe deposit or trust company, authorized by law to do business as such, or other depository approved by the court, if such deposit […]

29-1-11-3. Run to State; Joint and Several Liability; Conflict of Laws

Sec. 3. The bond of the personal representative shall run to the state of Indiana to the use of all persons for whose benefit it was given under the provision of this article and shall be for the security and benefit of such persons. The sureties shall be jointly and severally liable with the personal […]

29-1-11-4. Joint Representatives; Personal Representative as Surety

Sec. 4. When two (2) or more persons are appointed personal representatives of the same estate and are required by the provisions of this article to give a bond, the court may require either a separate bond from each or one (1) bond from all of them. No personal representative shall be deemed a surety […]

29-1-11-5. Affidavit of Surety; Value of Property

Sec. 5. Each personal surety shall execute and file with the court an affidavit that he owns real property, subject to execution, of a value over and above his liabilities, equal to the amount of the bond, and shall include in such affidavit the total amount of his obligations as surety on other official or […]

29-1-11-6. Sufficiency; Value of Assets; Evidence of Title

Sec. 6. No bond of a personal representative shall be deemed sufficient unless it shall have been examined and approved as required by law, and the approval endorsed thereon in writing. Before giving approval the court, judge, commissioner, or clerk may require evidence as to the value and character of the assets of personal sureties, […]

29-1-11-7. Failure to Give Bond; Successor; Revocation of Letters

Sec. 7. If at any time a personal representative fails to give a bond as required by the court, within the time fixed by the court, some other person shall be appointed in his stead. If letters have been issued, they shall be revoked. Formerly: Acts 1953, c.112, s.1107.

29-1-11-8. Repealed

Formerly: Acts 1953, c.112, s.1108. Repealed by Acts 1975, P.L.288, SEC.51.

29-1-11-9. New Bond; Release of Surety; Accounting

Sec. 9. (a) Any surety upon any bond of any personal representative or other fiduciary may petition the court approving such bond to be released therefrom. Ten (10) days’ notice thereof shall be given the principal in said bond. Upon proof of such notice, the court shall notify the principal to file a new bond […]