Title 29, PROBATE

Sec. 7. "Guardianship property" means the property of an incapacitated person or a minor for which a guardian is responsible. As added by P.L.169-1988, SEC.1. Amended by P.L.33-1989, SEC.59.

Sec. 7.2. "Health care provider", for purposes of section 9.5 of this chapter and IC 29-3-4-1.5, has the meaning set forth in IC 16-18-2-163(a)(1). As added by P.L.38-2023, SEC.10.

Sec. 7.5. "Incapacitated person" means an individual who: (1) cannot be located upon reasonable inquiry; (2) is unable: (A) to manage in whole or in part the individual's property; (B) to provide self-care; or (C) to perform both activities in clauses (A) and (B); because of insa…

Sec. 7.8. (a) "Less restrictive alternatives" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of the guardian. (b) Less restrictive alternatives may include, but are not limited to, the following: (1) A supported …

Sec. 9. "Letters" means letters of guardianship. As added by P.L.169-1988, SEC.1.

Sec. 9.5. "Medical evidence of capacity or incapacity", for purposes of IC 29-3-4-1.5, means any evidence that is relevant to determine a person's capacity or incapacity. The term includes admissible written and electronic medical records that: (1) are maintained by a health care…

Sec. 1. This article may be cited as the uniform adult guardianship and protective proceedings jurisdiction act. As added by P.L.178-2011, SEC.10.

Sec. 2. The following definitions apply throughout this article: (1) "Adult" means either of the following: (A) An individual who has attained eighteen (18) years of age. (B) An emancipated minor who has not attained eighteen (18) years of age. (2) "Conservator" means a guardian …

Sec. 3. A court of this state may treat a foreign country as if it were a state for the purpose of applying this article. As added by P.L.178-2011, SEC.10.

Sec. 4. (a) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the court shall make a record o…

Sec. 5. (a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing. (2) Order a person in that state to produce or give evidence pursuant to pro…

Sec. 6. (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of witnesses who are located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The cou…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to section 10 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.176-2003 ap…

Sec. 1. (a) The estate of a person dying intestate shall descend and be distributed as provided in this section. (b) Except as otherwise provided in subsection (c), the surviving spouse shall receive the following share: (1) One-half (1/2) of the net estate if the intestate is su…

Sec. 10. (a) If a person dies intestate as to all his estate, property which he gave in his lifetime to any person who, if the intestate had died at the time of making the gift, would be entitled to inherit a part of his estate, shall be treated as an advancement against the heir…

Sec. 11. The estates of dower and curtesy are hereby abolished. Formerly: Acts 1953, c.112, s.211.

Sec. 12.1. (a) The following definitions apply throughout this section: (1) "Culpable person" means any of the following: (A) A person who: (i) has been charged with causing an unlawful death; and (ii) is found guilty, or guilty but mentally ill, on a charge of causing an unlawfu…

Sec. 13. (a) The intestate share or other expectancy to which the spouse or any other heir is entitled may be waived at any time by a written contract, agreement or waiver signed by the party waiving such share or expectancy. The promise of marriage, in the absence of fraud, is s…

Sec. 14. If either a husband or wife shall have left the other and shall be living at the time of his or her death in adultery, he or she as the case may be shall take no part of the estate or trust of the deceased husband or wife. Formerly: Acts 1953, c.112, s.214. As amended by…

Sec. 15. If a person shall abandon his or her spouse without just cause, he or she shall take no part of his or her estate or trust. Formerly: Acts 1953, c.112, s.215; Acts 1975, P.L.289, SEC.1. As amended by P.L.238-2005, SEC.6.

Sec. 3.1. A married man may, in his own name as if he were unmarried, sell, barter, exchange, mortgage, lease, contract to sell, convey or execute any instrument, contract or commitment of any kind whatsoever affecting or in relation to his real property, and the deed, mortgage, …

Sec. 4. If part but not all of the estate of a decedent is validly disposed of by will, the part not disposed of by will shall be distributed as provided herein for intestate estates. Formerly: Acts 1953, c.112, s.204.

Sec. 5. Kindred of the half blood shall inherit the same share which they would have inherited if they had been of the whole blood. Formerly: Acts 1953, c.112, s.205.

Sec. 6. Descendants of the intestate, begotten before his death but born thereafter, shall inherit as if they had been born in the lifetime of the intestate and had survived him. With this exception, the descent and distribution of intestate estates shall be determined by the rel…

Sec. 7. (a) For the purpose of inheritance (on the maternal side) to, through, and from a child born out of wedlock, the child shall be treated as if the child's mother were married to the child's father at the time of the child's birth, so that the child and the child's issue sh…

Sec. 8. For all purposes of intestate succession, including succession by, through, or from a person, both lineal and collateral, an adopted child shall be treated as a natural child of the child's adopting parents, and the child shall cease to be treated as a child of the natura…

Sec. 9. A person who is related to the intestate through two (2) lines of relationship, though under either one alone he might claim as next of kin, shall, nevertheless, be entitled to only one (1) share which shall be the share based on the relationship which would entitle him t…

Sec. 1. (a) In all counties of this state containing a voting population of over seven thousand (7,000), as shown by the vote cast for secretary of state at the last preceding election, the judge of the circuit court of each of said counties, when he shall find: (1) that the prob…

Sec. 2. Said commissioner shall take and subscribe an oath for the faithful discharge of his duties, and shall hold his office for the term of four (4) years, subject to the provisions of this chapter, and for his services as such commissioner shall receive or be allowed no fees,…

Sec. 3. Said commissioner shall have power to administer oaths, take acknowledgments and do all other acts legally pertaining to said office and necessary to carry into effect the rules or orders of said court, and he may, at any time, be removed by the court for failure to prope…

Sec. 4. At the time of the appointment of said commissioner, or as soon thereafter as may be practicable, the court shall define the duties of such commissioner and cause a record thereof to be made upon the order-book of said court. Formerly: Acts 1891, c.137, s.4.

Sec. 5. Such court shall have power to make and enforce all necessary rules for the protection of the several trusts pending therein, and the requiring of delinquent guardians, administrators or other trustees to make reports, give new or additional bonds, or discharge any other …

Sec. 6. At any time after the appointment of such commissioner, when such court shall deem that his services may be dispensed with, either for a certain or indefinite length of time, without detriment to the business of said court, or the interests of the trusts therein pending, …

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to sections 3 and 4 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.217-2…

Sec. 0.2. (a) As used in this section, "affected statutes" refers to the following: (1) IC 16-8-12-7 (repealed, now codified at IC 16-36-1-8). (2) IC 29-1-7.5-2. (3) IC 33-16-2-2 (repealed, codified at IC 33-42-2-2, also repealed). (4) IC 33-19-3-2 (repealed, now codified at IC 3…

Sec. 1. (a) This article applies to the following: (1) The business affairs, physical person, and property of every incapacitated person and minor residing in Indiana. (2) Property located in Indiana of every incapacitated person and minor residing outside Indiana. (3) Property o…

Sec. 2. (a) The venue for the appointment of a guardian or for protective proceedings is as follows: (1) If the alleged incapacitated person or minor resides in Indiana, venue is: (A) in the county where the alleged incapacitated person or minor resides; or (B) if the proceeding …

Sec. 3. (a) Unless waived under subsection (b) or if section 4 of this chapter does not apply, the court shall appoint a guardian ad litem to represent the interests of the alleged incapacitated person or minor if the court determines that the alleged incapacitated person or mino…

Sec. 4. (a) All findings, orders, or other proceedings under this article shall be in the discretion of the court unless otherwise provided in this article. (b) If there is not a conflict of interest between a guardian of an estate and the protected person or among persons repres…

Sec. 5. The residence of a person shall be determined by actual presence rather than technical domicile. As added by P.L.169-1988, SEC.1.

Sec. 6. (a) The applicable rules regarding decedents' estates in IC 29-1-7 through IC 29-1-17 apply to guardianships and protective proceedings under IC 29-3-4 when consistent with this article and IC 29-1-19. (b) IC 29-1-1-6 through IC 29-1-1-7, IC 29-1-1-9 through IC 29-1-1-10,…

Sec. 7. (a) If a person files a petition to establish or modify guardianship of a minor, any person who: (1) is a party to the guardianship proceeding; and (2) has knowledge that: (A) a party to the guardianship proceeding has been determined to be a perpetrator of a substantiate…

Sec. 1. In determining under section 3 of this chapter and IC 29-3.5-3-1(d) whether a respondent has a significant connection with a particular state, the court shall consider: (1) the location of the respondent's family and other persons required to be notified of the guardiansh…

Sec. 2. This chapter provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult. As added by P.L.178-2011, SEC.10.

Sec. 3. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is a significant connection state and: (A) the respondent does no…

Sec. 4. (a) A court of this state lacking jurisdiction under section 3(1) through 3(3) of this chapter has special jurisdiction to do any of the following: (1) Appoint a temporary guardian in an emergency as permitted by IC 29-3-3-4 for a term not exceeding ninety (90) days for a…