Title 29, PROBATE

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 …

Sec. 0.1. 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. As added by P.L.220-2011, SEC.469.

Sec. 1. In the absence of a contrary intent appearing in the will, wills shall be construed as to real and personal estate in accordance with the rules in this section. (a) Any estate, right, or interest in land or other things acquired by the testator after the making of the tes…

Sec. 2. (a) Except as provided in subsection (b), a no contest provision is enforceable according to the express terms of the no contest provision. (b) Subsection (a) does not apply to the following proceedings: (1) An action brought by a beneficiary if good cause is found by a c…

Sec. 3. A devise to a spouse with a condition in restraint of marriage shall stand, but the condition shall be void. Formerly: Acts 1953, c.112, s.603.

Sec. 5. The court in which a will is probated shall have jurisdiction to construe it. Such construction may be made on a petition of the personal representative or of any other person interested in the will; or, if a construction of the will is necessary to the determination of a…

Sec. 6. (a) At any time during the administration of a decedent's estate, the personal representative or any interested person may petition the court to determine the heirs of said decedent and their respective interests in the estate or any part thereof. Upon the filing of the p…

Sec. 1. When any resident of this state shall have absented himself from his usual place of residence and gone to parts unknown for a space of five (5) years, and when, in such case, thirty (30) days' notice shall have been given to such person by publication in a newspaper of ge…

Sec. 1. (a) When a petition for appointment of a guardian or for the issuance of a protective order is filed with the court, notice of the petition and the hearing on the petition shall be given through the E-filing System of the Indiana Courts or by first class postage prepaid m…

Sec. 2. A copy of the petition shall be attached to the notice, and the notice must be in substantially the following form: NOTICE TO: (name and address of person receiving notice) On (date of hearing) at (time of hearing) in (place of hearing) at (city), Indiana, the (name and a…

Sec. 3. (a) At any time after the appointment of a guardian or the issuance of a protective order, any person may, in person or by the person's attorney, serve upon the guardian or the guardian's attorney, and file with the clerk of the court where the proceedings are pending, a …

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 17 of this chapter by P.L.284-1987 do not apply to wills admitted to probate before April 21, 1987. (2) The amendments made to sections 18 and 19 of this chapter by P.L.118-199…

Sec. 1. (a) The venue for the probate of a will and for the administration of an estate shall be: (1) In the county in this state where the decedent had his domicile at the time of his death. (2) When not domiciled in this state in any county in the state, where he left any prope…

Sec. 10. If none of the subscribing witnesses to a will can be found, or if all are dead, absent from the state, or incapacitated, one (1) or more of these situations shall be proved to the satisfaction of the court before evidence of the handwriting of the testator or of the sub…

Sec. 12. Proof of nuncupative wills is subject to the requirements of IC 29-1-5-4. Formerly: Acts 1953, c.112, s.712. As amended by Acts 1982, P.L.171, SEC.20.

Sec. 13. (a) When a will is offered for probate, if the court finds that the testator is dead and that the will was executed in all respects according to law, it shall be admitted to probate as the last will of the deceased, unless objections are filed as provided in section 16 o…

Sec. 14. When proved as herein provided, every written will, if in the custody of the court, shall have endorsed thereon or annexed thereto a certificate by the court of such order of probate, which certificate shall give the number and page of the will record where it is recorde…

Sec. 15.1. (a) When it has been determined that a decedent died intestate and letters of administration have been issued upon the decedent's estate, no will shall be probated unless it is presented for probate: (1) before the court decrees final distribution of the estate; or (2)…

Sec. 15.2. (a) This section applies to real property subject to section 15.1(b) of this chapter, if the personal representative sells the real property to: (1) satisfy a lien of record in the county in which the real property is located; (2) pay costs of administration; or (3) us…

Sec. 16. Prior to the admission of a will to probate, written objections to its probate alleging that such objections are not made for vexation or delay may be filed in the court having jurisdiction over the probate of the will by any interested person. No notice of the filing of…

Sec. 16.5. (a) A testator or a testator's agent at the testator's direction may send a written notice under this section to the following: (1) Any person named as a beneficiary in the testator's will. (2) Any person who would be entitled to inherit from the testator under IC 29-1…

Sec. 17. Except as provided in section 16.5 of this chapter, any interested person may contest the validity of any will in the court having jurisdiction over the probate of the will within three (3) months after the date of the order admitting the will to probate by filing in the…

Sec. 17.5. (a) The court, in its discretion and upon application of any party instituting an action under section 16 or 17 of this chapter, may permit the contest of two (2) or more wills if there is prima facie evidence that: (1) the decedent suffered from an irreversible medica…

Sec. 18. (a) When an action is brought to contest the validity of any will as provided in this article, notice is served upon the defendants in the same manner as required by the Indiana Rules of Trial Procedure. (b) A contesting party shall also serve a copy of the complaint on …

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…

Sec. 2. The probate of a will and the administration of the estate shall be considered one (1) proceeding for the purposes of jurisdiction. The entire proceeding and the administration of a decedent's estate is a proceeding in rem. This section applies to proceedings under IC 29-…

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…

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:…

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.

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 t…

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.…

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 …

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…

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 al…

Sec. 28. No will executed in this state and proved or allowed in any other state or country, shall be admitted to probate within this state unless executed according to the laws of this state. Formerly: Acts 1953, c.112, s.728.

Sec. 29. In all cases of foreign wills and testaments heretofore admitted or hereafter to be admitted to probate, or which have been or may be offered for record and filing in any county of this state, any person interested in the estate of the testator may contest such will or t…

Sec. 3. (a) After the death of a person, the person having custody of the decedent's will: (1) may; or (2) shall, upon written demand by the personal representative or upon court order; deliver the will to the court which has jurisdiction of the administration of the decedent's e…

Sec. 3.1. (a) This section applies whether it is: (1) known; or (2) unknown; whether a testator is living. (b) As used in this section, "depositor" refers to a person who deposits a will with the circuit court clerk under this section. (c) As used in this section, "will" refers t…