Title 29, PROBATE

Sec. 12. (a) Unless waived and except as otherwise provided by law, all notices required by this article to be served upon any person shall be served as the court shall direct by rule or in a particular case, by: (1) delivering a copy of the notice to the person or by leaving a c…

Sec. 13. Service by publication shall be made by the clerk at the instance of the party who requires such service to be made. Personal service may be made by any competent person unless otherwise directed by the court or the provisions of this article. Formerly: Acts 1953, c.112,…

Sec. 14. (a) If an attorney shall have entered his appearance in writing for any person in any probate proceeding or matter pending in the court, all notices required to be served on the person in such proceeding or matter may be served on the attorney and such service shall be i…

Sec. 15. The form of such notice may be prescribed by the court by rule or order. A notice shall be deemed sufficient if it shall set forth the nature of the petition or paper filed or the action requested, and the time fixed for hearing thereof, or the time fixed for filing a re…

Sec. 16. Proof of service in all cases requiring notice, whether by publication, mailing or otherwise, shall be filed before the hearing. Service made by a private person shall be proved by the affidavit of the person; service made by an official shall be proved by certificate or…

Sec. 17. Such proof of service shall be received in evidence in any court in this state, and be deemed sufficient proof of the matters and things therein contained. Formerly: Acts 1953, c.112, s.117.

Sec. 18. Nothing contained in section 16 or section 17 of this chapter shall preclude any person from proving in any suit or proceeding that the provisions of this article respecting such notice have been complied with, although no such proof of service may have been filed as the…

Sec. 19. Any person legally competent who is required to be served with notice of any hearing in a probate proceeding may in person or by attorney waive in writing issuance and service of notice of the hearing. A guardian of the estate or a guardian ad litem may make the waiver o…

Sec. 2. (a) The procedure herein prescribed shall govern all proceedings in probate brought after January 1, 1954; and also all further procedure in probate proceedings then pending, except to the extent that in the opinion of the court their application in particular proceedings…

Sec. 20. (a) In a proceeding involving estates of decedents or trusts, or in judicially supervised settlements, persons are bound by orders binding others in the following cases: (1) Orders binding the sole holder or all co-holders of a power of revocation or a presently exercisa…

Sec. 21. For illegality, fraud or mistake, upon application filed within one (1) year after the discharge of the personal representative upon final settlement, the court may vacate or modify its orders, judgments and decrees or grant a rehearing therein. Before any such order, ju…

Sec. 22. Any person considering himself aggrieved by any decision of a court having probate jurisdiction in proceedings under this article may prosecute an appeal to the court having jurisdiction of such appeal. Such appeal shall be taken as appeals are taken in civil causes. Exe…

Sec. 23. The following records of proceedings under this article shall be maintained in addition to other records as the court having probate jurisdiction shall provide for: (1) An index in which estates of deceased persons shall be indexed under the name of the decedent, and tho…

Sec. 24. Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this probate code or if fraud is used to avoid or circumvent the provisions or purposes of this probate code, any person injured thereby may obtain appropriate relief ag…

Sec. 3. (a) The following definitions apply throughout this article, unless otherwise apparent from the context: (1) "Child" includes an adopted child or a child that is in gestation before the death of a deceased parent and born within forty-three (43) weeks after the death of t…

Sec. 4. The report of the probate code study commission established by IC 2-5-16 (before its repeal) made pursuant to Acts 1949, c. 302, s. 5 and Acts 1951, c. 347, s. 2 may be consulted by the courts to determine the underlying reasons, purposes, and policies of this article, an…

Sec. 6. When any judge or his spouse shall be related within the third degree of consanguinity, according to the civil law, to any of the parties or their attorneys, shall have drawn the will of the decedent, or shall be interested or have been counsel in any probate proceeding o…

Sec. 7. The court may promulgate rules and forms of procedure for probate proceedings, not inconsistent with the provisions of this article nor with such rules and forms as are promulgated by the supreme court. If in any probate proceeding a situation arises which is not provided…

Sec. 9. Every application to the court, unless otherwise provided, shall be by petition signed and verified by or on behalf of the petitioner. No defect of form or substance in any petition, nor the absence of a petition, shall invalidate any proceedings. Interests to be affected…

Sec. 1. The following terms are defined for this chapter: (1) "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in IC 29-1. (2) "Local personal representative" includes any personal repre…

Sec. 10. In addition to jurisdiction conferred by section 9 of this chapter, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that his decedent was subject to jurisdiction immediately prior to death. Formerly: Acts 19…

Sec. 11. (a) Service of process may be made upon the foreign personal representative by registered or certified mail, addressed to his last reasonably ascertainable address, requesting a return receipt signed by addressee only. Notice by ordinary first class mail is sufficient if…

Sec. 12. An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication. Formerly: Acts 1975, P.L.288, SEC.50.

Sec. 2. At any time after the expiration of forty-five (45) days from the death of a non-resident decedent, any person indebted to the estate of the non-resident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stoc…

Sec. 3. Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative. Formerly: Ac…

Sec. 4. Payment of delivery under section 2 of this chapter may not be made if a resident creditor of the non-resident decedent has notified the debtor of the non-resident decedent or the person having possession of the personal property belonging to the non-resident decedent tha…

Sec. 5. If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, authenticated copies of his appoi…

Sec. 6. A domiciliary foreign personal representative who has complied with section 5 may exercise as to assets in this state all powers of a local unsupervised personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon n…

Sec. 7. The powers of a domiciliary foreign personal representative under section 2 or 6 of this chapter shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminat…

Sec. 8. In respect to a non-resident decedent, the provisions of article 1 of this title govern (a) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order co…

Sec. 9. A foreign personal representative submits himself to the jurisdiction of the courts of this state by (a) filing authenticated copies of his appointment as provided in section 5 of this chapter, (b) receiving payment of money or taking delivery of personal property under s…

Sec. 1. The definitions in this chapter apply throughout and their application is limited to this article. As added by P.L.169-1988, SEC.1.

Sec. 1.6. "Catalogue of electronic communications" has the meaning set forth in IC 32-39-1-5. As added by P.L.137-2016, SEC.3.

Sec. 10. "Minor" means an individual who is less than eighteen (18) years of age and who is not an emancipated minor. As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.2.

Sec. 11. "Parent" means a biological or adoptive parent. The term does not include a stepparent, foster parent, or grandparent. As added by P.L.169-1988, SEC.1.

Sec. 12. "Person" means an individual, an organization, an association, a nonprofit corporation, a corporation for profit, a limited liability company, a partnership, a financial institution, a trust, the division of family resources or other governmental entity, or other legal e…

Sec. 13. "Protected person" means an individual for whom a guardian has been appointed or with respect to whom a protective order has been issued. As added by P.L.169-1988, SEC.1.

Sec. 14. "Protective proceeding" means a proceeding for a protective order under IC 29-3-4. As added by P.L.169-1988, SEC.1.

Sec. 15. "Support" means care, maintenance, and education or training, if appropriate. As added by P.L.169-1988, SEC.1.

Sec. 15.5. "Volunteer advocate for seniors and incapacitated adults" means an individual who: (1) is a volunteer; (2) has completed a guardian training program approved by a court; (3) is supervised by a volunteer advocates for seniors and incapacitated adults program that is app…

Sec. 17. "Volunteer advocates for seniors and incapacitated adults program" means: (1) an Indiana nonprofit or municipal corporation; (2) a program of an Indiana nonprofit or municipal corporation; or (3) a program operated by a county or court; that is appointed by a court to se…

Sec. 2. "Claim" means, with respect to an incapacitated person or a minor, any liability of the incapacitated person or minor, whether arising in contract, tort, or otherwise, and any liability against an incapacitated person's or a minor's property that arises before, at, or aft…

Sec. 2.5. "Conduct a criminal history check" means to: (1) request: (A) the state police department to conduct a: (i) fingerprint based criminal history background check of both national and state records data bases concerning a person who is at least eighteen (18) years of age i…

Sec. 2.6. "Confidential health disclosure order", for purposes of IC 29-3-4-1.5, means an order issued by the court under IC 29-3-4-1.5. As added by P.L.38-2023, SEC.9.

Sec. 2.7. "Content of an electronic communication" has the meaning set forth in IC 32-39-1-6. As added by P.L.137-2016, SEC.4.

Sec. 3. "Court" means the court having probate jurisdiction and, where the context permits, the court having venue of the guardianship. As added by P.L.169-1988, SEC.1.