Title 29, PROBATE

Sec. 3.2. Subject to the applicable Indiana Rules of Trial Procedure and the Indiana Rules of Evidence, a video recording, one (1) or more photographs, or an audio recording made or captured during part or all of a will's execution may be admissible as evidence of the following: …

Sec. 3.3. (a) This section applies to a will that is signed and witnessed: (1) on or after March 31, 2020; (2) before January 1, 2021; and (3) in reliance on the Indiana supreme court's order signed and filed on March 31, 2020, under case number 20S-MS-237, or, as supplemented or…

Sec. 4. (a) A nuncupative will may be made only by a person in imminent peril of death, whether from illness or otherwise, and shall be valid only if the testator died as a result of the impending peril, and must be (1) Declared to be his will by the testator before two (2) disin…

Sec. 5. A will is legally executed if the manner of its execution complies with the law, in force either at the time of execution or at the time of the testator's death, of: (1) this state; (2) the jurisdiction that the testator is actually present in at the time the testator exe…

Sec. 6. No will in writing, nor any part thereof, except as in this article provided, shall be revoked, unless the testator, or some other person in his presence and by his direction, with intent to revoke, shall destroy or mutilate the same; or such testator shall execute other …

Sec. 7. A nuncupative will or any part thereof can be revoked by another nuncupative will. Formerly: Acts 1953, c.112, s.507.

Sec. 8. If after making a will the testator's marriage is dissolved or annulled, all provisions in the will in favor of the testator's former spouse are revoked as of the time of the dissolution or annulment of the marriage. The will provisions are reinstated if the testator rema…

Sec. 9. An instrument creating an inter vivos trust in order to be valid need not be executed as a testamentary instrument pursuant to section 3 or 3.1 of this chapter, even though such trust instrument reserves to the maker or settlor the power to revoke, or the power to alter o…

Sec. 1. (a) When any resident of Indiana is absent from the individual's usual place of residence and gone to parts unknown for a period of five (5) years, without having made any sufficient provision for the care and management of the individual's property, real or personal, and…

Sec. 2. Such administrator shall not be discharged on the return and reappearance of such person until discharged by the court, but shall retain his powers and rights and be subject to all his official liabilities and duties until so discharged. Formerly: Acts 1859, c.4, s.2.

Sec. 4. Such court shall have power to appoint guardians of the persons and estates of the children under eighteen (18) years of age of such departed person, who shall have all the powers and rights, and be subject to all the duties and liabilities, in relation to such children a…

Sec. 5. (a) The property of such departed person, real and personal, and all his rights, obligations and choses in action, shall be subject to the same liabilities, incidents, rights, management and disposal under this chapter, in all respects, as if such person were known to be …

Sec. 1. (a) Any person may file a petition for the appointment of a person to serve as guardian for an incapacitated person or minor under this chapter or to have a protective order issued under IC 29-3-4. The petition must state the following: (1) The name, age, residence, and p…

Sec. 1.5. A petitioner for appointment as a guardian of a minor in a guardianship to which IC 29-3-8-9 applies shall submit the necessary information, forms, or consents for the department of child services to conduct a criminal history check (as defined in IC 31-9-2.1-58) of the…

Sec. 2. A guardian may not be appointed for an incapacitated person or a minor under this chapter until the incapacity or minority has been adjudicated. As added by P.L.169-1988, SEC.1. Amended by P.L.264-1989, SEC.6.

Sec. 3. (a) Except under subsection (c), if it is alleged and the court finds that: (1) the individual for whom the guardian is sought is an incapacitated person or a minor; and (2) the appointment of a guardian is necessary as a means of providing care and supervision of the phy…

Sec. 4. (a) The court shall appoint as guardian a qualified person or persons most suitable and willing to serve, having due regard to the following: (1) Any request made by a person alleged to be an incapacitated person, including designations in a durable power of attorney unde…

Sec. 4.1. (a) As used in this section, "disability" has the meaning set forth in 42 U.S.C. 12102. (b) In considering the qualifications and suitability of an individual with a disability for appointment as a guardian under section 4 of this chapter, a court: (1) shall not discrim…

Sec. 5. (a) The following are entitled to consideration for appointment as a guardian under section 4 of this chapter in the order listed: (1) A person designated in a durable power of attorney. (2) A person designated as a standby guardian under IC 29-3-3-7. (3) The spouse of an…

Sec. 6. When a petition is filed for the appointment of a guardian for two (2) or more minors or incapacitated persons who are children of a common parent, parent and child, or husband and wife, a separate petition need not be filed for each minor or incapacitated person, and app…

Sec. 1. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. As added by P.L.178-2011, SEC.10.

Sec. 2. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of…

Sec. 3. (a) This article applies as follows: (1) To guardianships and protective orders in existence on July 1, 2011. (2) To guardianship and protective proceedings begun after June 30, 2011. (b) In the case of a guardianship or protective proceeding begun in Indiana before July …