Title 29, PROBATE

Sec. 9. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under section 4(a)(1) or 4(a)(2) of this chapter, if a petition for the appointment of a guardian or issuance of a protectiv…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 1 of this chapter by P.L.168-1988 do not apply to individuals who die before July 1, 1988. (2) The amendments made to section 2 of this chapter by P.L.238-2005 apply to the est…

Sec. 1. (a) When a married individual dies testate as to any part of the individual's estate, the surviving spouse is entitled to take against the will under the limitations and conditions stated in this chapter. The surviving spouse, upon electing to take against the will, is en…

Sec. 2. (a) Except as provided in subsection (b), the election by a surviving spouse to take the share hereinbefore provided must be made not later than three (3) months after the date of the order admitting to probate the will against which the election is made. (b) If, at the e…

Sec. 3. (a) The election to take the share hereinbefore provided shall be in writing, signed and acknowledged by the surviving spouse or by the guardian of the estate and shall be filed in the office of the clerk of the court. It may be in the following form: I, A.B., surviving w…

Sec. 4. (a) Except as provided in subsection (b), the right of election of the surviving spouse is personal to the spouse. It is not transferable and cannot be exercised subsequent to the spouse's death. A person with a valid power of attorney for the surviving spouse may elect f…

Sec. 5. An election by or on behalf of a surviving spouse to take the share provided in section 1 of this chapter once made shall be binding and shall not be subject to change except for such causes as would justify an equitable decree for the recission of a deed. Formerly: Acts …

Sec. 6. (a) The right of election of a surviving spouse given under section 1 of this chapter may be waived before or after marriage by a written contract, agreement signed by the party waiving the right of election, after full disclosure of the nature and extent of such right, i…

Sec. 7. When a surviving spouse makes no election to take against the will, he shall receive the benefit of all provisions in his favor in the will, if any, and shall share as heir, in accordance with IC 29-1-2-1, in any estate undisposed of by the will. The surviving spouse is n…

Sec. 8. (a) When a testator fails to provide a will for any of the testator's children born or adopted after the making of the testator's last will, such child, whether born before or after the testator's death, shall receive a share in the estate of the testator equal in value t…

Sec. 1. (a) Any person indebted to a minor or having possession of property belonging to a minor in an amount not exceeding twenty-five thousand dollars ($25,000) may pay the debt or deliver the property without the appointment of a guardian, giving of bond, or other order of cou…

Sec. 2. When the entire property of an incapacitated person does not exceed the value of ten thousand dollars ($10,000), the court may, without the appointment of a guardian, giving of bond, or other order of court, authorize: (1) the deposit of the property in a depository autho…

attorney provided by statute or Internal Revenue Code; consent to medical treatment Sec. 3. Except as otherwise determined in a dissolution of marriage proceeding, a custody proceeding, or in some other proceeding authorized by law, including a proceeding under section 6 of this …

Sec. 3.5. (a) Except as otherwise determined in a dissolution of marriage proceeding, a custody proceeding, or another proceeding authorized by law, including a proceeding under section 6 of this chapter or another proceeding under this article, and unless a minor is married: (1)…

Sec. 4. (a) If: (1) a guardian has not been appointed for an incapacitated person or minor; (2) an emergency exists; (3) the welfare of the incapacitated person or minor requires immediate action; and (4) no other person appears to have authority to act in the circumstances; the …

Sec. 5. The chief of social services (or a person designated by the chief of social services) at any institution under the control of the division of mental health and addiction or the division of disability, aging, and rehabilitative services may execute the necessary documents …

Sec. 6. (a) The surviving parent of a minor does not have the right to custody of the minor without a proceeding authorized by law if the parent was not granted custody of the minor in a dissolution of marriage decree and the conditions specified in this section exist. (b) If: (1…

Sec. 7. (a) Subject to subsection (e), a parent of a minor or the guardian of a protected person may designate a standby guardian by making a written declaration naming the individual designated to serve as a standby guardian. A declarant may name an alternate to the designated s…

Sec. 8. (a) A tenant's representative who accepts appointment under IC 32-31-1-23 may represent the tenant for the following purposes: (1) Collecting all or part of the tenant's security deposit from the tenant's landlord. (2) Collecting the tenant's tangible personal property fr…

Sec. 1. (a) A guardian appointed in this state may petition the court to transfer the guardianship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in this state for the appointment of a gu…

Sec. 2. (a) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 1 of this chapter, the guardian or conservator must petition the court in this state to accept the guardianship or conservatorship. The petition must…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 1 of this chapter by P.L.118-1997 do not apply to an individual whose death occurs before July 1, 1997. (2) The amendments made to section 1 of this chapter by P.L.252-2001 app…

Sec. 1. (a) The surviving spouse of a decedent who was domiciled in Indiana at the decedent's death is entitled from the estate to an allowance of twenty-five thousand dollars ($25,000). If there is no surviving spouse, the decedent's children who are under eighteen (18) years of…

Sec. 1. In all counties of this state, having a population of not less than thirty thousand (30,000) nor more than one hundred and fifty thousand (150,000), according to the last preceding United States census, it shall be the duty of the probate commissioner of the circuit court…

Sec. 1. (a) Upon petition by any person and after a hearing under IC 29-3-5, the court may issue, without the appointment of a guardian, any protective order for the benefit of a person who has been adjudicated an incapacitated person or is a minor. (b) Notice of the filing of a …

Sec. 1.5. (a) A person may file a verified petition for the issuance of a confidential health disclosure order against a respondent health care provider that: (1) has existing health or medical records in the possession or custody of the respondent health care provider that conta…

Sec. 2. The court may, without appointment of a guardian, by protective order authorize or ratify: (1) any contract, trust, or other transaction relating to the property and financial or business affairs of the incapacitated person or minor if the court determines the transaction…

Sec. 3. Before issuing a protective order under this chapter, the court shall consider the interest of creditors and dependents of the protected person and, in view of the disability or minority of the protected person, whether the protected person needs the protection of a guard…

Sec. 4. If not otherwise compensated for services rendered, any guardian, attorney, physician, or other person whose services are provided in good faith and are beneficial to the protected person or the protected person's property is entitled to reasonable compensation and reimbu…

Sec. 1. If: (1) a guardian has been appointed in another state; (2) a petition for the appointment of a guardian is not pending in this state; and (3) the guardian appointed in the other state gives notice to the appointing court of an intent to register the guardianship order; t…

Sec. 2. If: (1) a conservator has been appointed in another state; (2) a petition for a guardianship or protective order is not pending in this state; and (3) the conservator appointed in the other state gives notice to the appointing court of an intent to register the protective…

Sec. 3. (a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and pr…

Sec. 1. Any person of sound mind who is eighteen (18) years of age or older, or who is younger and a member of the armed forces, or of the merchant marine of the United States, or its allies, may make a will. Formerly: Acts 1953, c.112, s.501; Acts 1971, P.L.404, SEC.1.

Sec. 2. (a) All wills except nuncupative wills shall be executed in writing. (b) Any person competent at the time of attestation to be a witness generally in this state may act as an attesting witness to the execution of a will and his subsequent incompetency shall not prevent th…

Sec. 3. (a) This section applies to a will executed before, on, or after July 1, 2003. A will, other than a nuncupative will, must be executed by the signature of the testator and of at least two (2) witnesses on: (1) a will under subsection (b); (2) a self-proving clause under s…

Sec. 3.1. (a) This section applies to a will executed before, on, or after July 1, 2003. When a will is executed, the will may be: (1) attested; and (2) made self-proving; by incorporating into or attaching to the will a self-proving clause that meets the requirements of subsecti…

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.