Title 29, PROBATE

Sec. 18. The personal representative may, if it appears for the best interests of the estate, compromise any claim against the estate, whether due or not due, absolute or contingent, liquidated or unliquidated, but if such claim is not filed such compromise must be consummated wi…

Sec. 19. (a) The personal representative at any time shall pay the claims as the court shall order if the claims are filed within three (3) months after the date of the first published notice to creditors or the period allowed under IC 29-1-7-7, if applicable, and the court may r…

Sec. 2. No action shall be brought by complaint and summons against the personal representative of an estate for the recovery of any claim against the decedent or the decedent's estate, except in the enforcement of claims for injury to person or damage to property arising out of …

Sec. 20. When any assets of the estate are encumbered by mortgage, pledge or other lien, the personal representative may pay such encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or may convey or transfer such assets to the creditor in sa…

Sec. 21. When any person claims any interest in any property in the possession of the personal representative adverse to the estate, the person may file, prior to the expiration of three (3) months after the date of the first published notice to creditors, a petition with the cou…

Sec. 3. Upon proof of a claim which will become due at some future time, the court shall allow it at the present value thereof, and payment may be made as in the case of an absolute claim which has been allowed: Provided, if the obligation upon which such claim was founded was en…

Sec. 4. No action shall be brought by complaint and summons against any personal representative and any other person or persons, or his or their legal representatives, upon any contract executed jointly, or jointly and severally, by the deceased and such other person or persons, …

Sec. 5. Every contract executed jointly by the decedent with any other person or persons, and every joint judgment founded on such contract, shall be deemed to be joint and several for the purpose contemplated in section 4 of this chapter; and the amount due thereon shall be allo…

Sec. 6. The allowance and payment of secured claims shall be made in accordance with the "Uniform Act Governing Secured Creditors Dividends in Liquidation Proceedings," IC 30-2-7. Formerly: Acts 1953, c.112, s.1406. As amended by Acts 1982, P.L.171, SEC.39.

Sec. 7. Contingent claims which cannot be allowed as absolute debts shall, nevertheless, be filed in the court. If allowed as a contingent claim, the allowance shall state the nature of the contingency. If such claim shall become absolute before distribution of the estate, it sha…

Sec. 8. If a contingent claim shall have been filed and allowed against an estate, and all the assets of the estate including the fund, if any, set apart for the payment thereof, shall have been distributed, and the claim shall thereafter become absolute, the creditor shall have …

Sec. 9. (a) All claims shall be classified in one (1) of the following classes. If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order: (1) Costs and expenses of administration, exce…

Sec. 1. Where the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided ot…

Sec. 2. Where two (2) or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus dispose…

Sec. 3. Where there is no sufficient evidence that two (2) joint tenants or tenants by the entirety have died otherwise than simultaneously the property so held shall be distributed one-half (1/2) as if one (1) had survived and one-half (1/2) as if the other had survived. If ther…

Sec. 4. Where the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously the proceeds of the policy shall be distributed as if the insured had survived the beneficiary. …

Sec. 5. This chapter shall not apply to the distribution of the property of a person who has died before it takes effect. Formerly: Acts 1941, c.49, s.5. As amended by Acts 1982, P.L.171, SEC.75.

Sec. 6. This chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter. Formerly: Acts 1941, c.49, s.6. As amended by Acts 1982, P.L.171,…

Sec. 7. This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. Formerly: Acts 1941, c.49, s.7. As amended by Acts 1982, P.L.171, SEC.77.

Sec. 8. This chapter may be cited as the Uniform Simultaneous Death Act. Formerly: Acts 1941, c.49, s.8. As amended by Acts 1982, P.L.171, SEC.78.

Sec. 1. As used in this chapter, "supported decision making" refers to the process of supporting and accommodating an adult in the decision making process to make, communicate, and effectuate life decisions, without impeding the self-determination of the adult. As added by P.L.68…

Sec. 10. A supported decision making agreement that complies with section 7 of this chapter is presumed valid. A party may rely on the presumption of validity unless the party has actual knowledge that the supported decision making agreement was not validly executed. As added by …

Sec. 11. (a) Except as provided in subsection (c), a person who, in good faith, relies on an authorization in a supported decision making agreement or who, in good faith, declines to honor an authorization in a supported decision making agreement is not subject to civil or crimin…

Sec. 12. The meaning and effect of a supported decision making agreement is determined by the law of the jurisdiction in which the supported decision making agreement was executed, unless the supported decision making agreement provides otherwise. As added by P.L.68-2019, SEC.4.

Sec. 13. A person who: (1) receives a copy of a supported decision making agreement; or (2) is aware of the existence of a supported decision making agreement; and reasonably believes that an adult is being abused, neglected, or exploited must report the alleged abuse, neglect, o…

Sec. 2. As used in this chapter, "supported decision making agreement" means a document that outlines the decision making supports and accommodations the adult chooses to receive from one (1) or more supporters. As added by P.L.68-2019, SEC.4.

Sec. 3. As used in this chapter, "supporter" means a person at least eighteen (18) years of age who has voluntarily agreed to assist an adult in the decision making process as outlined in the adult's supported decision making agreement. As added by P.L.68-2019, SEC.4.

Sec. 4. (a) An adult may not enter into a supported decision making agreement unless the adult: (1) enters into the agreement voluntarily and without coercion or undue influence; and (2) understands the nature and effect of the agreement. (b) An adult may make, change, or revoke …

Sec. 5. (a) A supporter must: (1) support the will and preference of the adult, and not the supporter's opinion of the adult's best interests; (2) act honestly, diligently, and in good faith; (3) act within the scope set forth in the adult's supported decision making agreement; (…

Sec. 6. A request or decision made or communicated with the assistance of a supporter in conformity with this chapter shall be recognized as the request or decision of the adult for the purposes of any provision of law. As added by P.L.68-2019, SEC.4.

Sec. 7. (a) A supported decision making agreement must: (1) name at least one (1) supporter; (2) describe the decision making assistance that each supporter may provide to the adult and how supporters may work together; and (3) if appropriate, be executed by the adult's guardian.…

Sec. 8. An adult may revoke a supported decision making agreement at any time. A revocation under this section must be in writing, and a copy of the revocation must be provided to each supporter. As added by P.L.68-2019, SEC.4.

Sec. 9. (a) Except as provided in the supported decision making agreement, a supported decision making agreement terminates in the following situations: (1) The adult subject of the supported decision making agreement dies. (2) The adult subject of the supported decision making a…

Sec. 1. In determining what property of the estate shall be sold, mortgaged, leased or exchanged for any purpose provided in section 3 of this chapter, there shall be no priority as between real and personal property, except as provided by the will, if any, or by order of the cou…

Sec. 10. Whenever it is for the best interests of the estate, real and personal property of the estate may be sold, mortgaged or leased as a unit, but the provisions of this article with respect to the sale, mortgage or lease of real property shall apply so far as may be. Formerl…

Sec. 11. (a) This section is subject to the provisions of IC 29-1-7-15.1 concerning the sale of real property. (b) A personal representative may file a petition to sell, mortgage or lease any real property belonging to the estate. The petition shall set forth the reasons for the …

Sec. 12. Upon any petition to sell or mortgage real property the court shall have power to investigate and determine all questions of conflicting and controverted title, remove clouds from any title or interest involved, and invest purchasers or mortgagees with a good and indefea…

Sec. 13. The order shall describe the property to be sold, mortgaged or leased and may designate the sequence in which the several parcels shall be sold, mortgaged or leased. An order for sale shall direct whether the property shall be sold at private sale or public auction, and,…

Sec. 14. The value of the property for the purposes of a sale of real property pursuant to section 3 and subsequent sections of this chapter shall be the fair market value filed with the inventory unless the court directs that the property be appraised or reappraised, as the case…

Sec. 15. In all sales of real property the sale may be made with or without notice as directed by the court. Where notice is ordered the personal representative shall give such notice as the court orders. Formerly: Acts 1953, c.112, s.1515; Acts 1955, c.258, s.7; Acts 1975, P.L.2…

Sec. 16.5. (a) This section applies to a supervised or an unsupervised estate. (b) Unless authorized by: (1) a will; (2) a trust; (3) the consent of all heirs, legatees, or beneficiaries; (4) an adjudicated compromise agreement approved by the court under IC 29-1-9; or (5) an ord…

Sec. 17. Whenever a personal representative executes a deed, mortgage, lease or other conveyance under a power given the personal representative in any will, a certified copy of the will giving such power and a certified copy of the personal representative's letters may be record…

Sec. 18. (a) Whenever a personal representative shall be ordered by the court to execute a conveyance of the real estate of a decedent, a conveyance subscribed by the personal representative shall vest in the grantee all the title in the real estate ordered by the court to be con…

Sec. 19. (a) No sale of any real estate made by a personal representative or guardian under the provisions of IC 29-1, shall be voided on account of any irregularity or defect in the proceedings, if it shall appear: (1) that the sale was authorized by the court having the jurisdi…

Sec. 2. When the personal representative, under the terms of any will, is given the power to sell, mortgage, lease or exchange property of the estate or is given any other power with respect to the administration of the estate, he may proceed in accordance with such power without…

Sec. 20. The lien of the state for inheritance or estate taxes shall not extend to any interest acquired by a purchaser, mortgagee, or lessee through any transfer made by a personal representative under a power contained in a will, under IC 29-1-7.5-3, or under order of the court…