IC 29-1-16-1 Personal liability, loss to estate
Sec. 1. (a) Every personal representative shall be liable for and
chargeable in his accounts with all of the estate of the decedent
which comes into his possession at any time, including all the income
therefrom; but he shall not be accountable for any debts due to the
decedent or other assets of the estate which remain uncollected
without his fault. He shall not be entitled to any profit by the
increase, nor be chargeable with loss by the decrease in value or
destruction without his fault, of any part of the estate.
(b) Every personal representative shall be chargeable in his
accounts with property not a part of the estate which comes into his
hands at any time and shall be liable to the persons entitled thereto,
if:
(1) the property was received, under a duty imposed on him by
law in the capacity of personal representative; or
(2) he has commingled such property with the assets of the
estate.
(c) Every personal representative shall be liable for any loss to the
estate arising from his neglect or unreasonable delay in collecting the
credits or other assets of the estate or in selling, mortgaging or
leasing the property of the estate; for neglect in paying over money
or delivering property of the estate he shall have in his hands; for
failure to account for or to close the estate within the time provided
by this article; for any loss to the estate arising from his
embezzlement or commingling of the assets of the estate with other
property; for loss to the estate through self-dealing; for any loss to
the estate arising from wrongful acts or omissions of his
co-representatives which he could have prevented by the exercise of
ordinary care; and for any other negligent or wilful act or
nonfeasance in his administration of the estate by which loss to the
estate arises. (Formerly: Acts 1953, c.112, s.1601.) As amended by Acts 1982,
P.L.171, SEC.46.
IC 29-1-16-2 Closing estate; final account
Sec. 2. Every personal representative shall close the estate as
promptly as possible. Unless for good cause shown the time for filing
the final account in the estate shall not exceed one (1) year from the
appointment of a personal representative. (Formerly: Acts 1953, c.112, s.1602.)
IC 29-1-16-3 Verified account; filing; time
Sec. 3. Every personal representative may file in the court a
verified account of his administration at any time prior to final
settlement and distribution but every personal representative must
file in the court a verified account of his administration.
(a) Upon filing a petition for final settlement;
(b) Upon the revocation of his letters;
(c) Upon his application to resign and before his resignation is
accepted by the court;
(d) At any other time when directed by the court either of its own
motion or on the application of any interested person. (Formerly: Acts 1953, c.112, s.1603.)
IC 29-1-16-4 Schedules; verification; certified public accountant
Sec. 4. Accounts rendered to the court by a personal
representative shall be for a period distinctly stated and shall consist
of three (3) schedules, of which the first shall show the amount of the
property chargeable to the personal representative; the second shall
show payments, charges, losses and distributions; the third shall
show the property on hand constituting the balance of such account,
if any. When an account is filed, the personal representative shall
also file receipts for disbursements of assets made during the period
covered by the account. Whenever the personal representative is
unable to file receipts for any disbursements, the court may permit
him to substantiate them by other proof. The court may provide for
an inspection of the balance of assets on hand. The court may, upon
its own motion, or upon petition, provide that verification of
accounts or credits thereon may be made by the unqualified
certificate of a certified public accountant in lieu of receipts or other
proof. (Formerly: Acts 1953, c.112, s.1604; Acts 1975, P.L.288, SEC.34.)
IC 29-1-16-5 Petition to settle and allow; petition to distribute
Sec. 5. At the time of filing of an account the personal
representative shall petition the court to settle and allow his account;
and if the estate is in a proper condition to be closed, he shall also
petition the court for an order authorizing him to distribute the estate,
and shall specify in the petition the persons to whom distribution is
to be made and the proportions or parts of the estate to which each
is entitled. Petitions to settle or to distribute may be incorporated in
the account in the absence of a court rule or order to the contrary. (Formerly: Acts 1953, c.112, s.1605.)
IC 29-1-16-6 Hearing and notice; final distribution; unknown heirs;
intermediate account
Sec. 6. (a) Upon the filing of any account in a decedent's estate,
hearing and notice thereof shall be had as set forth in this section.
(b) If the account is for final settlement the court or clerk shall set
a date by which all objections to such final account and petition for
distribution must be filed in writing and the clerk shall give notice to
all persons entitled to share in the final distribution of said estate that
a final report has been filed and will be acted upon by the court on
the date set unless written objections are presented to the court on or
before that date. The personal representative shall at the time said
account is filed furnish to the clerk the names and addresses of all
persons entitled to share in the distribution of the residue of said
estate, whose names and addresses are known to the personal
representative or may by reasonable diligence be ascertained as set
forth in the personal representative's petition for distribution,
together with sufficient copies of said notice prepared for mailing.
The clerk shall send a copy of said notice by ordinary mail to each of
said parties at least fourteen (14) days prior to such date. Said parties
or their attorney of record may waive the service by mail of this
notice and where there is an attorney of record, service upon said
attorney shall be sufficient as to the parties represented by said
attorney. Neither a notice nor a hearing is required if all persons
entitled to share in the final distribution of the estate waive the
service of notice by mail and consent to the final account and petition
for distribution without a hearing.
(c) If a person entitled to share in the distribution of the residue
of the estate is unknown or cannot be located, the personal
representative may give notice by one (1) publication in a newspaper
of general circulation, published in the county in which the
administration is pending. The deadline for filing an objection is
fourteen (14) days before the hearing date. The notice shall state that
objections to the final account and petition for distribution must be
filed in writing before the hearing date.
(d) If the account is intermediate, but the personal representative
has therein petitioned the court that said account be made final as to
the matters and things reported in said account, the same procedure
as to hearing and notice shall be followed as in the case of a final
account.
(e) If the account is intermediate and the personal representative
makes no request that said account may be made final as to the
matters and things reported in said account, the court may order such
notice as the court deems necessary or approve the same ex parte and
without notice. Every such intermediate account approved without
notice shall be subject to review by the court at any time and shall
not become final until the personal representative's account in final
settlement is approved by the court. (Formerly: Acts 1953, c.112, s.1606; Acts 1955, c.258, s.8; Acts
1975, P.L.288, SEC.35.) As amended by P.L.118-1997, SEC.24;
P.L.252-2001, SEC.24; P.L.1-2002, SEC.125.
IC 29-1-16-7 Objections; modification
Sec. 7. At any time prior to the hearing on an account of a
personal representative, any interested person may file written
objections to any item or omission in the account. All such
objections shall be specific and shall indicate the modification
desired. (Formerly: Acts 1953, c.112, s.1607.)
IC 29-1-16-8 Approval or disapproval; appeals; relief from liability
Sec. 8. Upon the approval of the account of a personal
representative, the personal representative and his sureties shall,
subject to the right of appeal and to the power of the court to vacate
its final orders, be relieved from liability for the administration of his
trust during the accounting period, including the investment of the
assets of the estate. The court may disapprove the account in whole
or in part and surcharge the personal representative for any loss
caused by any breach of duty. (Formerly: Acts 1953, c.112, s.1608.)
IC 29-1-16-9 Death or incompetency of personal representative; out-of-state
residency
Sec. 9. (a) If the personal representative dies or becomes
incompetent, his account shall be presented by his personal
representative or the guardian of his estate to, and settled by, the
court in which the estate of which he was personal representative is
being administered and the the court shall settle the account as in
other cases. The personal representative of the deceased personal
representative shall have no authority as such to proceed with the
administration.
(b) Where the deceased or incompetent person has no personal
representative or guardian, the surety upon his bond shall file such
account on his behalf.
(c) Where a personal representative is without the state, and fails
to account as provided in this article, such account may be filed by
his resident agent or by his surety or its resident agent and the court
may compel the surety or its resident agent to file such account. (Formerly: Acts 1953, c.112, s.1609.) As amended by Acts 1982,
P.L.171, SEC.47.
IC 29-1-16-10 Noncompliance with orders; attachment; imprisonment
Sec. 10. Any person who has been ordered to account as herein
provided, and who fails to comply with such order, may be attached
and imprisoned in order to enforce such compliance therewith. (Formerly: Acts 1953, c.112, s.1610.)
IC 29-1-16-1 Personal liability, loss to estate
Sec. 1. (a) Every personal representative shall be liable for and
chargeable in his accounts with all of the estate of the decedent
which comes into his possession at any time, including all the income
therefrom; but he shall not be accountable for any debts due to the
decedent or other assets of the estate which remain uncollected
without his fault. He shall not be entitled to any profit by the
increase, nor be chargeable with loss by the decrease in value or
destruction without his fault, of any part of the estate.
(b) Every personal representative shall be chargeable in his
accounts with property not a part of the estate which comes into his
hands at any time and shall be liable to the persons entitled thereto,
if:
(1) the property was received, under a duty imposed on him by
law in the capacity of personal representative; or
(2) he has commingled such property with the assets of the
estate.
(c) Every personal representative shall be liable for any loss to the
estate arising from his neglect or unreasonable delay in collecting the
credits or other assets of the estate or in selling, mortgaging or
leasing the property of the estate; for neglect in paying over money
or delivering property of the estate he shall have in his hands; for
failure to account for or to close the estate within the time provided
by this article; for any loss to the estate arising from his
embezzlement or commingling of the assets of the estate with other
property; for loss to the estate through self-dealing; for any loss to
the estate arising from wrongful acts or omissions of his
co-representatives which he could have prevented by the exercise of
ordinary care; and for any other negligent or wilful act or
nonfeasance in his administration of the estate by which loss to the
estate arises. (Formerly: Acts 1953, c.112, s.1601.) As amended by Acts 1982,
P.L.171, SEC.46.
IC 29-1-16-2 Closing estate; final account
Sec. 2. Every personal representative shall close the estate as
promptly as possible. Unless for good cause shown the time for filing
the final account in the estate shall not exceed one (1) year from the
appointment of a personal representative. (Formerly: Acts 1953, c.112, s.1602.)
IC 29-1-16-3 Verified account; filing; time
Sec. 3. Every personal representative may file in the court a
verified account of his administration at any time prior to final
settlement and distribution but every personal representative must
file in the court a verified account of his administration.
(a) Upon filing a petition for final settlement;
(b) Upon the revocation of his letters;
(c) Upon his application to resign and before his resignation is
accepted by the court;
(d) At any other time when directed by the court either of its own
motion or on the application of any interested person. (Formerly: Acts 1953, c.112, s.1603.)
IC 29-1-16-4 Schedules; verification; certified public accountant
Sec. 4. Accounts rendered to the court by a personal
representative shall be for a period distinctly stated and shall consist
of three (3) schedules, of which the first shall show the amount of the
property chargeable to the personal representative; the second shall
show payments, charges, losses and distributions; the third shall
show the property on hand constituting the balance of such account,
if any. When an account is filed, the personal representative shall
also file receipts for disbursements of assets made during the period
covered by the account. Whenever the personal representative is
unable to file receipts for any disbursements, the court may permit
him to substantiate them by other proof. The court may provide for
an inspection of the balance of assets on hand. The court may, upon
its own motion, or upon petition, provide that verification of
accounts or credits thereon may be made by the unqualified
certificate of a certified public accountant in lieu of receipts or other
proof. (Formerly: Acts 1953, c.112, s.1604; Acts 1975, P.L.288, SEC.34.)
IC 29-1-16-5 Petition to settle and allow; petition to distribute
Sec. 5. At the time of filing of an account the personal
representative shall petition the court to settle and allow his account;
and if the estate is in a proper condition to be closed, he shall also
petition the court for an order authorizing him to distribute the estate,
and shall specify in the petition the persons to whom distribution is
to be made and the proportions or parts of the estate to which each
is entitled. Petitions to settle or to distribute may be incorporated in
the account in the absence of a court rule or order to the contrary. (Formerly: Acts 1953, c.112, s.1605.)
IC 29-1-16-6 Hearing and notice; final distribution; unknown heirs;
intermediate account
Sec. 6. (a) Upon the filing of any account in a decedent's estate,
hearing and notice thereof shall be had as set forth in this section.
(b) If the account is for final settlement the court or clerk shall set
a date by which all objections to such final account and petition for
distribution must be filed in writing and the clerk shall give notice to
all persons entitled to share in the final distribution of said estate that
a final report has been filed and will be acted upon by the court on
the date set unless written objections are presented to the court on or
before that date. The personal representative shall at the time said
account is filed furnish to the clerk the names and addresses of all
persons entitled to share in the distribution of the residue of said
estate, whose names and addresses are known to the personal
representative or may by reasonable diligence be ascertained as set
forth in the personal representative's petition for distribution,
together with sufficient copies of said notice prepared for mailing.
The clerk shall send a copy of said notice by ordinary mail to each of
said parties at least fourteen (14) days prior to such date. Said parties
or their attorney of record may waive the service by mail of this
notice and where there is an attorney of record, service upon said
attorney shall be sufficient as to the parties represented by said
attorney. Neither a notice nor a hearing is required if all persons
entitled to share in the final distribution of the estate waive the
service of notice by mail and consent to the final account and petition
for distribution without a hearing.
(c) If a person entitled to share in the distribution of the residue
of the estate is unknown or cannot be located, the personal
representative may give notice by one (1) publication in a newspaper
of general circulation, published in the county in which the
administration is pending. The deadline for filing an objection is
fourteen (14) days before the hearing date. The notice shall state that
objections to the final account and petition for distribution must be
filed in writing before the hearing date.
(d) If the account is intermediate, but the personal representative
has therein petitioned the court that said account be made final as to
the matters and things reported in said account, the same procedure
as to hearing and notice shall be followed as in the case of a final
account.
(e) If the account is intermediate and the personal representative
makes no request that said account may be made final as to the
matters and things reported in said account, the court may order such
notice as the court deems necessary or approve the same ex parte and
without notice. Every such intermediate account approved without
notice shall be subject to review by the court at any time and shall
not become final until the personal representative's account in final
settlement is approved by the court. (Formerly: Acts 1953, c.112, s.1606; Acts 1955, c.258, s.8; Acts
1975, P.L.288, SEC.35.) As amended by P.L.118-1997, SEC.24;
P.L.252-2001, SEC.24; P.L.1-2002, SEC.125.
IC 29-1-16-7 Objections; modification
Sec. 7. At any time prior to the hearing on an account of a
personal representative, any interested person may file written
objections to any item or omission in the account. All such
objections shall be specific and shall indicate the modification
desired. (Formerly: Acts 1953, c.112, s.1607.)
IC 29-1-16-8 Approval or disapproval; appeals; relief from liability
Sec. 8. Upon the approval of the account of a personal
representative, the personal representative and his sureties shall,
subject to the right of appeal and to the power of the court to vacate
its final orders, be relieved from liability for the administration of his
trust during the accounting period, including the investment of the
assets of the estate. The court may disapprove the account in whole
or in part and surcharge the personal representative for any loss
caused by any breach of duty. (Formerly: Acts 1953, c.112, s.1608.)
IC 29-1-16-9 Death or incompetency of personal representative; out-of-state
residency
Sec. 9. (a) If the personal representative dies or becomes
incompetent, his account shall be presented by his personal
representative or the guardian of his estate to, and settled by, the
court in which the estate of which he was personal representative is
being administered and the the court shall settle the account as in
other cases. The personal representative of the deceased personal
representative shall have no authority as such to proceed with the
administration.
(b) Where the deceased or incompetent person has no personal
representative or guardian, the surety upon his bond shall file such
account on his behalf.
(c) Where a personal representative is without the state, and fails
to account as provided in this article, such account may be filed by
his resident agent or by his surety or its resident agent and the court
may compel the surety or its resident agent to file such account. (Formerly: Acts 1953, c.112, s.1609.) As amended by Acts 1982,
P.L.171, SEC.47.
IC 29-1-16-10 Noncompliance with orders; attachment; imprisonment
Sec. 10. Any person who has been ordered to account as herein
provided, and who fails to comply with such order, may be attached
and imprisoned in order to enforce such compliance therewith. (Formerly: Acts 1953, c.112, s.1610.)
IC 29-1-16-1 Personal liability, loss to estate
Sec. 1. (a) Every personal representative shall be liable for and
chargeable in his accounts with all of the estate of the decedent
which comes into his possession at any time, including all the income
therefrom; but he shall not be accountable for any debts due to the
decedent or other assets of the estate which remain uncollected
without his fault. He shall not be entitled to any profit by the
increase, nor be chargeable with loss by the decrease in value or
destruction without his fault, of any part of the estate.
(b) Every personal representative shall be chargeable in his
accounts with property not a part of the estate which comes into his
hands at any time and shall be liable to the persons entitled thereto,
if:
(1) the property was received, under a duty imposed on him by
law in the capacity of personal representative; or
(2) he has commingled such property with the assets of the
estate.
(c) Every personal representative shall be liable for any loss to the
estate arising from his neglect or unreasonable delay in collecting the
credits or other assets of the estate or in selling, mortgaging or
leasing the property of the estate; for neglect in paying over money
or delivering property of the estate he shall have in his hands; for
failure to account for or to close the estate within the time provided
by this article; for any loss to the estate arising from his
embezzlement or commingling of the assets of the estate with other
property; for loss to the estate through self-dealing; for any loss to
the estate arising from wrongful acts or omissions of his
co-representatives which he could have prevented by the exercise of
ordinary care; and for any other negligent or wilful act or
nonfeasance in his administration of the estate by which loss to the
estate arises. (Formerly: Acts 1953, c.112, s.1601.) As amended by Acts 1982,
P.L.171, SEC.46.
IC 29-1-16-2 Closing estate; final account
Sec. 2. Every personal representative shall close the estate as
promptly as possible. Unless for good cause shown the time for filing
the final account in the estate shall not exceed one (1) year from the
appointment of a personal representative. (Formerly: Acts 1953, c.112, s.1602.)
IC 29-1-16-3 Verified account; filing; time
Sec. 3. Every personal representative may file in the court a
verified account of his administration at any time prior to final
settlement and distribution but every personal representative must
file in the court a verified account of his administration.
(a) Upon filing a petition for final settlement;
(b) Upon the revocation of his letters;
(c) Upon his application to resign and before his resignation is
accepted by the court;
(d) At any other time when directed by the court either of its own
motion or on the application of any interested person. (Formerly: Acts 1953, c.112, s.1603.)
IC 29-1-16-4 Schedules; verification; certified public accountant
Sec. 4. Accounts rendered to the court by a personal
representative shall be for a period distinctly stated and shall consist
of three (3) schedules, of which the first shall show the amount of the
property chargeable to the personal representative; the second shall
show payments, charges, losses and distributions; the third shall
show the property on hand constituting the balance of such account,
if any. When an account is filed, the personal representative shall
also file receipts for disbursements of assets made during the period
covered by the account. Whenever the personal representative is
unable to file receipts for any disbursements, the court may permit
him to substantiate them by other proof. The court may provide for
an inspection of the balance of assets on hand. The court may, upon
its own motion, or upon petition, provide that verification of
accounts or credits thereon may be made by the unqualified
certificate of a certified public accountant in lieu of receipts or other
proof. (Formerly: Acts 1953, c.112, s.1604; Acts 1975, P.L.288, SEC.34.)
IC 29-1-16-5 Petition to settle and allow; petition to distribute
Sec. 5. At the time of filing of an account the personal
representative shall petition the court to settle and allow his account;
and if the estate is in a proper condition to be closed, he shall also
petition the court for an order authorizing him to distribute the estate,
and shall specify in the petition the persons to whom distribution is
to be made and the proportions or parts of the estate to which each
is entitled. Petitions to settle or to distribute may be incorporated in
the account in the absence of a court rule or order to the contrary. (Formerly: Acts 1953, c.112, s.1605.)
IC 29-1-16-6 Hearing and notice; final distribution; unknown heirs;
intermediate account
Sec. 6. (a) Upon the filing of any account in a decedent's estate,
hearing and notice thereof shall be had as set forth in this section.
(b) If the account is for final settlement the court or clerk shall set
a date by which all objections to such final account and petition for
distribution must be filed in writing and the clerk shall give notice to
all persons entitled to share in the final distribution of said estate that
a final report has been filed and will be acted upon by the court on
the date set unless written objections are presented to the court on or
before that date. The personal representative shall at the time said
account is filed furnish to the clerk the names and addresses of all
persons entitled to share in the distribution of the residue of said
estate, whose names and addresses are known to the personal
representative or may by reasonable diligence be ascertained as set
forth in the personal representative's petition for distribution,
together with sufficient copies of said notice prepared for mailing.
The clerk shall send a copy of said notice by ordinary mail to each of
said parties at least fourteen (14) days prior to such date. Said parties
or their attorney of record may waive the service by mail of this
notice and where there is an attorney of record, service upon said
attorney shall be sufficient as to the parties represented by said
attorney. Neither a notice nor a hearing is required if all persons
entitled to share in the final distribution of the estate waive the
service of notice by mail and consent to the final account and petition
for distribution without a hearing.
(c) If a person entitled to share in the distribution of the residue
of the estate is unknown or cannot be located, the personal
representative may give notice by one (1) publication in a newspaper
of general circulation, published in the county in which the
administration is pending. The deadline for filing an objection is
fourteen (14) days before the hearing date. The notice shall state that
objections to the final account and petition for distribution must be
filed in writing before the hearing date.
(d) If the account is intermediate, but the personal representative
has therein petitioned the court that said account be made final as to
the matters and things reported in said account, the same procedure
as to hearing and notice shall be followed as in the case of a final
account.
(e) If the account is intermediate and the personal representative
makes no request that said account may be made final as to the
matters and things reported in said account, the court may order such
notice as the court deems necessary or approve the same ex parte and
without notice. Every such intermediate account approved without
notice shall be subject to review by the court at any time and shall
not become final until the personal representative's account in final
settlement is approved by the court. (Formerly: Acts 1953, c.112, s.1606; Acts 1955, c.258, s.8; Acts
1975, P.L.288, SEC.35.) As amended by P.L.118-1997, SEC.24;
P.L.252-2001, SEC.24; P.L.1-2002, SEC.125.
IC 29-1-16-7 Objections; modification
Sec. 7. At any time prior to the hearing on an account of a
personal representative, any interested person may file written
objections to any item or omission in the account. All such
objections shall be specific and shall indicate the modification
desired. (Formerly: Acts 1953, c.112, s.1607.)
IC 29-1-16-8 Approval or disapproval; appeals; relief from liability
Sec. 8. Upon the approval of the account of a personal
representative, the personal representative and his sureties shall,
subject to the right of appeal and to the power of the court to vacate
its final orders, be relieved from liability for the administration of his
trust during the accounting period, including the investment of the
assets of the estate. The court may disapprove the account in whole
or in part and surcharge the personal representative for any loss
caused by any breach of duty. (Formerly: Acts 1953, c.112, s.1608.)
IC 29-1-16-9 Death or incompetency of personal representative; out-of-state
residency
Sec. 9. (a) If the personal representative dies or becomes
incompetent, his account shall be presented by his personal
representative or the guardian of his estate to, and settled by, the
court in which the estate of which he was personal representative is
being administered and the the court shall settle the account as in
other cases. The personal representative of the deceased personal
representative shall have no authority as such to proceed with the
administration.
(b) Where the deceased or incompetent person has no personal
representative or guardian, the surety upon his bond shall file such
account on his behalf.
(c) Where a personal representative is without the state, and fails
to account as provided in this article, such account may be filed by
his resident agent or by his surety or its resident agent and the court
may compel the surety or its resident agent to file such account. (Formerly: Acts 1953, c.112, s.1609.) As amended by Acts 1982,
P.L.171, SEC.47.
IC 29-1-16-10 Noncompliance with orders; attachment; imprisonment
Sec. 10. Any person who has been ordered to account as herein
provided, and who fails to comply with such order, may be attached
and imprisoned in order to enforce such compliance therewith. (Formerly: Acts 1953, c.112, s.1610.)
