Title 29, PROBATE

Sec. 7. (a) As soon as letters testamentary or of administration, general or special, supervised or unsupervised, have been issued, notice of the estate administration shall be published. (b) The notice required under subsection (a) shall be published in a newspaper of general ci…

Sec. 7.5. (a) A personal representative shall exercise reasonable diligence to discover the reasonably ascertainable creditors of the decedent within one (1) month of the first publication of notice under section 7 of this chapter. (b) A personal representative is considered to h…

Sec. 8. Whenever there is any doubt that the person whose estate is to be administered is dead, the court, upon application of any interested person, may direct the personal representative to make search for the alleged decedent in any manner which the court may deem advisable, i…

Sec. 9. Before a written will shall be admitted to probate, the will shall be proved by one (1) or more of the subscribing witnesses, or if all of them are dead, out of the state, or have become incapacitated for any reason since attesting the will, then the will shall be admitte…

Sec. 1. (a) Unless the court finds that a bond is unnecessary and enters an order to that effect, or unless the appointed guardian is a bank or trust company (as defined in IC 28-1-1-3), a guardian must execute and file a bond relating to the duties of the guardian's office. Unle…

Sec. 2. (a) The following requirements apply to all bonds on which the guardian is primary obligor: (1) Unless otherwise provided by the terms of the bond, sureties are jointly and severally liable with the primary obligor and with each other. (2) By executing the bond, the suret…

Sec. 3. (a) Letters of guardianship, temporary or otherwise, shall be issued to the person entitled to receive them when: (1) the guardian, if an individual, has filed bond if required and taken and subscribed before the clerk or any other officer authorized to administer oaths, …

Sec. 4. By accepting appointment, a guardian and the guardian's attorney submit personally to the jurisdiction of the court in any proceeding relating to the guardianship. As added by P.L.169-1988, SEC.1.

Sec. 5. (a) A guardian shall take possession of the guardianship property, title to which shall remain in the protected person subject to the right of the guardian to possess and dispose of the property as provided by law. (b) The interest of the protected person in guardianship …

Sec. 6. (a) Letters are evidence that the guardian has all, and the protected person does not have any, rights to possess and dispose of the guardianship property. An order terminating a guardianship is evidence that the protected person has all, and the guardian does not have an…

Sec. 7. A court may not appoint a person to serve as the guardian or permit a person to continue to serve as a guardian if the person: (1) is a sexually violent predator (as described in IC 35-38-1-7.5); (2) was at least eighteen (18) years of age at the time of the offense and w…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to sections 1 and 3 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 sections 1 and 4.5 of this chapter by …

Sec. 1. (a) Forty-five (45) days after the death of a decedent and upon being presented an affidavit that complies with subsection (b), a person: (1) indebted to the decedent; or (2) having possession of personal property or an instrument evidencing a debt, an obligation, a stock…

Sec. 1.5. (a) This section does not apply to the following: (1) Real property owned by a decedent. (2) The contents of a safe deposit box rented by a decedent from a financial institution organized or reorganized under the law of any state (as defined in IC 28-2-17-19) or the Uni…

Sec. 10. (a) As used in this section, "direct postmortem transfer" means a transfer of an asset to a testamentary trust established in a will that is admitted to probate under this article if any of the following apply: (1) The asset transferred to the testamentary trust is a dis…

Sec. 11. (a) A tenant's representative who accepts appointment under IC 32-31-1-23 may represent the deceased residential lease tenant's distributees for the following purposes: (1) Collecting all or part of the tenant's security deposit from the tenant's landlord. (2) Collecting…

Sec. 12. A personal representative of a decedent who was a treasurer or candidate for office may disband the committee associated with the decedent's office or campaign. As added by P.L.227-2023, SEC.137.

Sec. 2. The person paying, delivering, transferring, or issuing personal property or the evidence thereof pursuant to affidavit is discharged and released to the same extent as if the person dealt with a personal representative of the decedent. The person is not required to see t…

Sec. 3. (a) As used in this section, "fiduciary" means: (1) the personal representative of an unsupervised estate; or (2) a person appointed by a court under this title to act on behalf of the decedent or the decedent's distributees. (b) Except as otherwise provided in this secti…

Sec. 4. (a) As used in this section, "fiduciary" means: (1) the personal representative of an unsupervised estate; or (2) a person appointed by a court under this title to act on behalf of the decedent or the decedent's distributees. (b) Unless prohibited by order of the court an…

Sec. 4.5. (a) A distributee entitled to payment or delivery of the property belonging to the decedent or someone acting on a distributee's behalf may present to the court having jurisdiction over the decedent's estate an affidavit containing a statement of the conditions required…

Sec. 8. Whenever, after the inventory has been filed by a personal representative, it is established that the estate of a decedent, exclusive allowance to the surviving spouse or dependent children, does not exceed an amount sufficient to pay the claims of classes 1 to 6 inclusiv…

Sec. 9. This article shall not be construed to prevent the application by any person, association or corporation of all or any portion of any obligation owed to a decedent's estate and designed, intended or created for the purpose of paying the funeral expenses or expenses of the…

Sec. 1. Whenever a person (referred to as an absentee) serving in or with the armed forces of the United States, or a person serving as a Merchant Marine of the United States, has been reported or listed as: (1) missing; (2) missing in action; (3) interned in a neutral country; o…

Sec. 2. The court shall have full discretionary authority to appoint any suitable person as guardian and may require the guardian to post an adequate surety bond and to make reports as the court may deem necessary. The guardian shall have the same powers and authority as the guar…

Sec. 3. Upon petition signed by the absentee, or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the guardianship and the transfer of all property held to the absentee or to the desig…

Sec. 1. (a) The guardian of a minor (other than a temporary guardian) has all of the responsibilities and authority of a parent and, unless otherwise ordered by the court, is responsible for the preservation of all the minor's property regardless of where the property is located.…

Sec. 10. (a) IC 32-39-2-11 applies to the right of a guardian to access: (1) the content of an electronic communication; (2) a catalogue of electronic communications; or (3) any other digital asset; of a protected person. (b) This article: (1) does not confer upon a guardian the …

Sec. 2. (a) The guardian of a minor may exercise all of the powers required to perform the guardian's responsibilities, including the following: (1) The power to receive property payable to the minor or the minor's parent, guardian, or custodian from any source, including any sta…

Sec. 3. A guardian (other than a temporary guardian) shall do the following: (1) Act as a guardian with respect to the guardianship property and observe the standards of care and conduct applicable to trustees. (2) Protect and preserve the property of the protected person subject…

Sec. 4. A guardian (other than a temporary guardian) may exercise all of the powers required to perform the guardian's responsibilities, including the following: (1) To receive and issue a receipt for property payable to the protected person or the protected person's parent, guar…

Sec. 5. (a) Any: (1) sale or encumbrance of any part of the property of a protected person to a guardian or guardian's spouse, agent, attorney, or any corporation, trust, or other organization in which the guardian has a substantial beneficial interest; or (2) other transaction i…

Sec. 6. If: (1) a guardian sells or transfers during a protected person's lifetime property belonging to the protected person that is specifically devised to another in a will executed by the protected person; (2) the protected person subsequently dies; and (3) the devised proper…

Sec. 6.5. (a) If: (1) a guardian takes possession of property that is: (A) jointly owned by or titled in the names of the protected person and another person with rights of survivorship; or (B) owned as a multiple party account with another person as joint owner or beneficiary; (…

Sec. 7. If the court finds that: (1) an incapacitated person who is a protected person did, before the person became an incapacitated person, enter into a written contract, including a contract for the sale, division, or other disposition of property; (2) the obligations of the c…

Sec. 8. (a) The court, at the time of appointment or later, on its own motion or on petition of the protected person or other person approved by the court, may: (1) confer upon the guardian any additional responsibilities and powers; (2) increase or decrease the bond of the guard…

Sec. 9. (a) A probate or juvenile court may include in its order creating a guardianship of a minor the following: (1) A requirement that the minor must reside with the guardian until the guardianship is terminated or modified. (2) Any terms and conditions that a parent must meet…

Sec. 0.1. The amendments made to section 2 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.475.

Sec. 1. The compromise of any contest or controversy as to: (a) admission to probate of any instrument offered as the last will of any decedent, (b) the construction, validity or effect of any such instrument, (c) the rights or interests in the estate of the decedent of any perso…

Sec. 2. (a) The terms of the compromise shall be set forth in an agreement in writing which shall be executed by all competent persons having interests or claims which will or may be affected by the compromise, except those who may be living but whose present existence or whereab…

Sec. 3. Upon due notice, in the manner directed by the court, to all interested persons in being, or to their guardians, and to the guardians of all unborn persons who may take contingent interests by the compromise, and to the personal representative of the estate and to all tru…

Sec. 1. (a) As used in this section, "department" means the department of child services established by IC 31-25-1-1. (b) As used in this section and except as otherwise provided in this section, "foster care" has the meaning set forth in IC 31-9-2.1-107. (c) Except as provided i…

Sec. 10. The attorney of record for a guardian continues as such until the termination of the guardianship or the attorney's withdrawal, whichever occurs first, as approved by the court. As added by P.L.169-1988, SEC.1.

Sec. 11. The office of the secretary of family and social services shall investigate and report to the court concerning the conditions and circumstances of a minor or an alleged incapacitated adult or protected person who is an adult and the fitness and conduct of the guardian or…

Sec. 12. (a) This section applies only to a guardianship of the property of a minor or an incapacitated adult. (b) If a third party fails to comply with a guardian's written demand or instruction that: (1) was issued within the scope of the guardian's authority; and (2) is consis…

Sec. 12.2. (a) If a guardian of an incapacitated person determines that: (1) a dissolution of the incapacitated person's marriage; (2) a legal separation of the incapacitated person and the incapacitated person's spouse; or (3) an annulment of the incapacitated person's marriage;…