IC 29-1-8
Chapter 8. Dispensing With Administration
IC 29-1-8-1 Small estates; affidavit of conditions; motor vehicle transfers;
securities; insurance death benefits; safe deposit boxes
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, or a chose in action
belonging to the decedent;
shall make payment of the indebtedness or deliver the personal
property or the instrument evidencing a debt, an obligation, a stock,
or a chose in action to a person claiming to be entitled to payment or
delivery of property of the decedent.
(b) The affidavit required by subsection (a) must be an affidavit
made by or on behalf of the claimant and must state the following:
(1) That the value of the gross probate estate, wherever located
(less liens and encumbrances), does not exceed fifty thousand
dollars ($50,000).
(2) That forty-five (45) days have elapsed since the death of the
decedent.
(3) That no application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction.
(4) The name and address of each other person that is entitled
to a share of the property and the part of the property to which
each person is entitled.
(5) That the claimant has notified each person identified in the
affidavit of the claimant's intention to present an affidavit under
this section.
(6) That the claimant is entitled to payment or delivery of the
property on behalf of each person identified in the affidavit.
(c) If a motor vehicle or watercraft (as defined in IC 9-13-2-198.5)
is part of the estate, nothing in this section shall prohibit a transfer of
the certificate of title to the motor vehicle if five (5) days have
elapsed since the death of the decedent and no appointment of a
personal representative is contemplated. A transfer under this
subsection shall be made by the bureau of motor vehicles upon
receipt of an affidavit containing a statement of the conditions
required by subsection (b)(1) and (b)(6). The affidavit must be duly
executed by the distributees of the estate.
(d) A transfer agent of a security shall change the registered
ownership on the books of a corporation from the decedent to a
claimant upon the presentation of an affidavit as provided in
subsection (a).
(e) For the purposes of subsection (a), an insurance company that,
by reason of the death of the decedent, becomes obligated to pay a
death benefit to the estate of the decedent is considered a person
indebted to the decedent.
(f) For purposes of subsection (a), property in 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 United States is considered personal property belonging to the
decedent in the possession of the financial institution. (Formerly: Acts 1953, c.112, s.801; Acts 1965, c.379, s.2; Acts 1971,
P.L.406, SEC.1; Acts 1975, P.L.288, SEC.12.) As amended by Acts
1977, P.L.2, SEC.80; Acts 1977, P.L.298, SEC.1; P.L.71-1991,
SEC.15; P.L.77-1992, SEC.5; P.L.118-1997, SEC.16; P.L.59-2000,
SEC.1; P.L.61-2006, SEC.4.
IC 29-1-8-1.5 Affidavit to obtain date of death values for personal property,
accounts, and intangible property belonging to a decedent; form of
affidavit; duty to furnish information to the affiant
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 United
States.
(b) After the death of a decedent, a person:
(1) indebted to the decedent; or
(2) having possession of:
(A) personal property;
(B) an instrument evidencing a debt;
(C) an obligation;
(D) a chose in action;
(E) a life insurance policy;
(F) a bank account; or
(G) intangible property, including annuities, fixed income
investments, mutual funds, cash, money market accounts, or
stocks;
belonging to the decedent;
shall furnish the date of death value of the indebtedness or property
and the names of the known beneficiaries of property described in
this subsection to a person who presents an affidavit containing the
information required by subsection (c).
(c) An affidavit presented under subsection (b) must state:
(1) the name, address, Social Security number, and date of
death of the decedent;
(2) the name and address of the affiant, and the relationship of
the affiant to the decedent;
(3) that the disclosure of the date of death value is necessary to
determine whether the decedent's estate can be administered
under the summary procedures set forth in this chapter; and
(4) that the affiant is answerable and accountable for the
information received to the decedent's personal representative,
if any, or to any other person having a superior right to the
property or indebtedness.
(d) A person presented with an affidavit under subsection (b) must
provide the requested information within three (3) business days
after being presented with the affidavit.
(e) A person who acts in good faith reliance on an affidavit
presented under subsection (b) is immune from liability for the
disclosure of the requested information.
(f) A person who:
(1) is presented with an affidavit under subsection (b); and
(2) refuses to provide the requested information within three (3)
business days after being presented with the affidavit;
is liable to the estate of the decedent.
(g) A plaintiff who prevails in an action to compel a person
presented with an affidavit under subsection (b) to accept the
authority of the affiant or in an action for damages arising from a
person's refusal to provide the information requested in an affidavit
presented under subsection (b) shall recover the following:
(1) Three (3) times the amount of the actual damages.
(2) Attorney's fees and court costs.
(3) Prejudgment interest on the actual damages from the date
the affidavit was presented to the person. As added by P.L.95-2007, SEC.7.
IC 29-1-8-2 Personal property; payments; delivery; transfer; release
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 he dealt with a
personal representative of the decedent. He is not required to see to
the application of the personal property or evidence thereof or to
inquire into the truth of any statement in the affidavit. If any person
to whom an affidavit is delivered refuses to pay, deliver, transfer, or
issue any personal property or evidence thereof, it may be recovered
or its payment, delivery, transfer, or issuance compelled upon proof
of their right in a proceeding brought for the purpose by or on behalf
of the persons entitled thereto. Any person to whom payment,
delivery, transfer or issuance is made is answerable and accountable
therefor to any personal representative of the estate or to any other
person having a superior right. (Formerly: Acts 1953, c.112, s.802; Acts 1975, P.L.288, SEC.13.)
IC 29-1-8-3 Disbursement and distribution of estate
Sec. 3. (a) If it appears that the value of a decedent's gross probate
estate, less liens and encumbrances, does not exceed the sum of:
(1) fifty thousand dollars ($50,000);
(2) the costs and expenses of administration; and
(3) reasonable funeral expenses;
the personal representative or a person acting on behalf of the
distributees, without giving notice to creditors, may immediately
disburse and distribute the estate to the persons entitled to it and file
a closing statement as provided in section 4 of this chapter.
(b) If an estate described in subsection (a) includes real property,
an affidavit may be recorded in the office of the recorder in the
county in which the real property is located. The affidavit must
contain the following:
(1) The legal description of the real property.
(2) The following statement: "It appears that the decedent's
gross probate estate, less liens and encumbrances, does not
exceed the sum of the following: fifty thousand dollars
($50,000), the costs and expenses of administration, and
reasonable funeral expenses.".
(3) The name of each person entitled to at least a part interest in
the real property as a result of a decedent's death, the share to
which each person is entitled, and whether the share is a divided
or undivided interest.
(4) A statement which explains how each person's share has
been determined. (Formerly: Acts 1953, c.112, s.803; Acts 1959, c.239, s.1; Acts 1965,
c.379, s.3; Acts 1971, P.L.406, SEC.2; Acts 1975, P.L.288, SEC.14.)
As amended by P.L.146-1984, SEC.2; P.L.118-1997, SEC.17;
P.L.42-1998, SEC.2; P.L.95-2007, SEC.8.
IC 29-1-8-4 Closing of estate; statement
Sec. 4. (a) Unless prohibited by order of the court and except for
estates being administered by supervised personal representatives, a
personal representative or a person acting on behalf of the
distributees may close an estate administered under the summary
procedures of section 3 of this chapter by filing with the court, at any
time after disbursement and distribution of the estate, a verified
statement stating that:
(1) to the best knowledge of the personal representative or
person acting on behalf of the distributees the value of the gross
probate estate, less liens and encumbrances, did not exceed the
sum of:
(A) fifty thousand dollars ($50,000);
(B) the costs and expenses of administration; and
(C) reasonable funeral expenses;
(2) the personal representative or person acting on behalf of the
distributees has fully administered the estate by disbursing and
distributing it to the persons entitled to it; and
(3) the personal representative or person acting on behalf of the
distributees has sent a copy of the closing statement to all
distributees of the estate and to all creditors or other claimants
of whom the personal representative or person acting on behalf
of the distributees is aware and has furnished a full account in
writing of the administration to the distributees whose interests
are affected.
(b) If no actions, claims, objections, or proceedings involving the
personal representative or person acting on behalf of the distributees
are filed in the court within three (3) months after the closing
statement is filed, the appointment of the personal representative or
the duties of the person acting on behalf of the distributees terminate.
(c) A closing statement filed under this section has the same effect
as one (1) filed under IC 29-1-7.5-4.
(d) A copy of any affidavit recorded under section 3(b) of this
chapter must be attached to the closing statement filed under this
section. (Formerly: Acts 1953, c.112, s.804; Acts 1971, P.L.406, SEC.3; Acts
1975, P.L.288, SEC.15.) As amended by Acts 1976, P.L.125, SEC.4;
Acts 1977, P.L.297, SEC.2; P.L.146-1984, SEC.3; P.L.95-2007,
SEC.9.
IC 29-1-8-4.5 Affidavit or entitlement to property
Sec. 4.5. The person claiming to be entitled to payment or
delivery of the property belonging to the decedent may present to the
court having jurisdiction over the decedent's estate an affidavit
containing a statement of the conditions required under section (1)(b)
of this chapter. Upon receipt of the affidavit, the court may, without
notice and hearing, enter an order that the claimant is entitled to
payment or delivery of the property. As added by Acts 1978, P.L.132, SEC.6. Amended by P.L.61-2006,
SEC.5.
IC 29-1-8-5
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-8-6
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-8-7
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-8-8 Payment of claims; accounting; closing administration
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 inclusive, the personal representative upon order of the court
shall pay the same in the order provided and thereafter present his
account with an application for the settlement and allowance thereof.
Thereupon, the court, with or without notice, may adjust, correct,
settle, allow or disallow such account, and, if the account is settled
and allowed, decree final distribution, discharge the personal
representative and close the administration. (Formerly: Acts 1953, c.112, s.808; Acts 1975, P.L.288, SEC.16.)
IC 29-1-8-9 Prepaid funeral expenses; last illness expense
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 last illness of the deceased from directly applying the
proceeds of such obligation for such purpose. The payment of such
expenses by the obligor or person holding such funds shall be a
complete defense to the extent of such payment to the demand of any
person on behalf of such estate or any other claimant. (Formerly: Acts 1953, c.112, s.809.) As amended by Acts 1982,
P.L.171, SEC.26.
IC 29-1-8
Chapter 8. Dispensing With Administration
IC 29-1-8-1 Small estates; affidavit of conditions; motor vehicle transfers;
securities; insurance death benefits; safe deposit boxes
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, or a chose in action
belonging to the decedent;
shall make payment of the indebtedness or deliver the personal
property or the instrument evidencing a debt, an obligation, a stock,
or a chose in action to a person claiming to be entitled to payment or
delivery of property of the decedent.
(b) The affidavit required by subsection (a) must be an affidavit
made by or on behalf of the claimant and must state the following:
(1) That the value of the gross probate estate, wherever located
(less liens and encumbrances), does not exceed fifty thousand
dollars ($50,000).
(2) That forty-five (45) days have elapsed since the death of the
decedent.
(3) That no application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction.
(4) The name and address of each other person that is entitled
to a share of the property and the part of the property to which
each person is entitled.
(5) That the claimant has notified each person identified in the
affidavit of the claimant's intention to present an affidavit under
this section.
(6) That the claimant is entitled to payment or delivery of the
property on behalf of each person identified in the affidavit.
(c) If a motor vehicle or watercraft (as defined in IC 9-13-2-198.5)
is part of the estate, nothing in this section shall prohibit a transfer of
the certificate of title to the motor vehicle if five (5) days have
elapsed since the death of the decedent and no appointment of a
personal representative is contemplated. A transfer under this
subsection shall be made by the bureau of motor vehicles upon
receipt of an affidavit containing a statement of the conditions
required by subsection (b)(1) and (b)(6). The affidavit must be duly
executed by the distributees of the estate.
(d) A transfer agent of a security shall change the registered
ownership on the books of a corporation from the decedent to a
claimant upon the presentation of an affidavit as provided in
subsection (a).
(e) For the purposes of subsection (a), an insurance company that,
by reason of the death of the decedent, becomes obligated to pay a
death benefit to the estate of the decedent is considered a person
indebted to the decedent.
(f) For purposes of subsection (a), property in 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 United States is considered personal property belonging to the
decedent in the possession of the financial institution. (Formerly: Acts 1953, c.112, s.801; Acts 1965, c.379, s.2; Acts 1971,
P.L.406, SEC.1; Acts 1975, P.L.288, SEC.12.) As amended by Acts
1977, P.L.2, SEC.80; Acts 1977, P.L.298, SEC.1; P.L.71-1991,
SEC.15; P.L.77-1992, SEC.5; P.L.118-1997, SEC.16; P.L.59-2000,
SEC.1; P.L.61-2006, SEC.4.
IC 29-1-8-1.5 Affidavit to obtain date of death values for personal property,
accounts, and intangible property belonging to a decedent; form of
affidavit; duty to furnish information to the affiant
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 United
States.
(b) After the death of a decedent, a person:
(1) indebted to the decedent; or
(2) having possession of:
(A) personal property;
(B) an instrument evidencing a debt;
(C) an obligation;
(D) a chose in action;
(E) a life insurance policy;
(F) a bank account; or
(G) intangible property, including annuities, fixed income
investments, mutual funds, cash, money market accounts, or
stocks;
belonging to the decedent;
shall furnish the date of death value of the indebtedness or property
and the names of the known beneficiaries of property described in
this subsection to a person who presents an affidavit containing the
information required by subsection (c).
(c) An affidavit presented under subsection (b) must state:
(1) the name, address, Social Security number, and date of
death of the decedent;
(2) the name and address of the affiant, and the relationship of
the affiant to the decedent;
(3) that the disclosure of the date of death value is necessary to
determine whether the decedent's estate can be administered
under the summary procedures set forth in this chapter; and
(4) that the affiant is answerable and accountable for the
information received to the decedent's personal representative,
if any, or to any other person having a superior right to the
property or indebtedness.
(d) A person presented with an affidavit under subsection (b) must
provide the requested information within three (3) business days
after being presented with the affidavit.
(e) A person who acts in good faith reliance on an affidavit
presented under subsection (b) is immune from liability for the
disclosure of the requested information.
(f) A person who:
(1) is presented with an affidavit under subsection (b); and
(2) refuses to provide the requested information within three (3)
business days after being presented with the affidavit;
is liable to the estate of the decedent.
(g) A plaintiff who prevails in an action to compel a person
presented with an affidavit under subsection (b) to accept the
authority of the affiant or in an action for damages arising from a
person's refusal to provide the information requested in an affidavit
presented under subsection (b) shall recover the following:
(1) Three (3) times the amount of the actual damages.
(2) Attorney's fees and court costs.
(3) Prejudgment interest on the actual damages from the date
the affidavit was presented to the person. As added by P.L.95-2007, SEC.7.
IC 29-1-8-2 Personal property; payments; delivery; transfer; release
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 he dealt with a
personal representative of the decedent. He is not required to see to
the application of the personal property or evidence thereof or to
inquire into the truth of any statement in the affidavit. If any person
to whom an affidavit is delivered refuses to pay, deliver, transfer, or
issue any personal property or evidence thereof, it may be recovered
or its payment, delivery, transfer, or issuance compelled upon proof
of their right in a proceeding brought for the purpose by or on behalf
of the persons entitled thereto. Any person to whom payment,
delivery, transfer or issuance is made is answerable and accountable
therefor to any personal representative of the estate or to any other
person having a superior right. (Formerly: Acts 1953, c.112, s.802; Acts 1975, P.L.288, SEC.13.)
IC 29-1-8-3 Disbursement and distribution of estate
Sec. 3. (a) If it appears that the value of a decedent's gross probate
estate, less liens and encumbrances, does not exceed the sum of:
(1) fifty thousand dollars ($50,000);
(2) the costs and expenses of administration; and
(3) reasonable funeral expenses;
the personal representative or a person acting on behalf of the
distributees, without giving notice to creditors, may immediately
disburse and distribute the estate to the persons entitled to it and file
a closing statement as provided in section 4 of this chapter.
(b) If an estate described in subsection (a) includes real property,
an affidavit may be recorded in the office of the recorder in the
county in which the real property is located. The affidavit must
contain the following:
(1) The legal description of the real property.
(2) The following statement: "It appears that the decedent's
gross probate estate, less liens and encumbrances, does not
exceed the sum of the following: fifty thousand dollars
($50,000), the costs and expenses of administration, and
reasonable funeral expenses.".
(3) The name of each person entitled to at least a part interest in
the real property as a result of a decedent's death, the share to
which each person is entitled, and whether the share is a divided
or undivided interest.
(4) A statement which explains how each person's share has
been determined. (Formerly: Acts 1953, c.112, s.803; Acts 1959, c.239, s.1; Acts 1965,
c.379, s.3; Acts 1971, P.L.406, SEC.2; Acts 1975, P.L.288, SEC.14.)
As amended by P.L.146-1984, SEC.2; P.L.118-1997, SEC.17;
P.L.42-1998, SEC.2; P.L.95-2007, SEC.8.
IC 29-1-8-4 Closing of estate; statement
Sec. 4. (a) Unless prohibited by order of the court and except for
estates being administered by supervised personal representatives, a
personal representative or a person acting on behalf of the
distributees may close an estate administered under the summary
procedures of section 3 of this chapter by filing with the court, at any
time after disbursement and distribution of the estate, a verified
statement stating that:
(1) to the best knowledge of the personal representative or
person acting on behalf of the distributees the value of the gross
probate estate, less liens and encumbrances, did not exceed the
sum of:
(A) fifty thousand dollars ($50,000);
(B) the costs and expenses of administration; and
(C) reasonable funeral expenses;
(2) the personal representative or person acting on behalf of the
distributees has fully administered the estate by disbursing and
distributing it to the persons entitled to it; and
(3) the personal representative or person acting on behalf of the
distributees has sent a copy of the closing statement to all
distributees of the estate and to all creditors or other claimants
of whom the personal representative or person acting on behalf
of the distributees is aware and has furnished a full account in
writing of the administration to the distributees whose interests
are affected.
(b) If no actions, claims, objections, or proceedings involving the
personal representative or person acting on behalf of the distributees
are filed in the court within three (3) months after the closing
statement is filed, the appointment of the personal representative or
the duties of the person acting on behalf of the distributees terminate.
(c) A closing statement filed under this section has the same effect
as one (1) filed under IC 29-1-7.5-4.
(d) A copy of any affidavit recorded under section 3(b) of this
chapter must be attached to the closing statement filed under this
section. (Formerly: Acts 1953, c.112, s.804; Acts 1971, P.L.406, SEC.3; Acts
1975, P.L.288, SEC.15.) As amended by Acts 1976, P.L.125, SEC.4;
Acts 1977, P.L.297, SEC.2; P.L.146-1984, SEC.3; P.L.95-2007,
SEC.9.
IC 29-1-8-4.5 Affidavit or entitlement to property
Sec. 4.5. The person claiming to be entitled to payment or
delivery of the property belonging to the decedent may present to the
court having jurisdiction over the decedent's estate an affidavit
containing a statement of the conditions required under section (1)(b)
of this chapter. Upon receipt of the affidavit, the court may, without
notice and hearing, enter an order that the claimant is entitled to
payment or delivery of the property. As added by Acts 1978, P.L.132, SEC.6. Amended by P.L.61-2006,
SEC.5.
IC 29-1-8-5
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-8-6
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-8-7
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-8-8 Payment of claims; accounting; closing administration
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 inclusive, the personal representative upon order of the court
shall pay the same in the order provided and thereafter present his
account with an application for the settlement and allowance thereof.
Thereupon, the court, with or without notice, may adjust, correct,
settle, allow or disallow such account, and, if the account is settled
and allowed, decree final distribution, discharge the personal
representative and close the administration. (Formerly: Acts 1953, c.112, s.808; Acts 1975, P.L.288, SEC.16.)
IC 29-1-8-9 Prepaid funeral expenses; last illness expense
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 last illness of the deceased from directly applying the
proceeds of such obligation for such purpose. The payment of such
expenses by the obligor or person holding such funds shall be a
complete defense to the extent of such payment to the demand of any
person on behalf of such estate or any other claimant. (Formerly: Acts 1953, c.112, s.809.) As amended by Acts 1982,
P.L.171, SEC.26.
IC 29-1-8
Chapter 8. Dispensing With Administration
IC 29-1-8-1 Small estates; affidavit of conditions; motor vehicle transfers;
securities; insurance death benefits; safe deposit boxes
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, or a chose in action
belonging to the decedent;
shall make payment of the indebtedness or deliver the personal
property or the instrument evidencing a debt, an obligation, a stock,
or a chose in action to a person claiming to be entitled to payment or
delivery of property of the decedent.
(b) The affidavit required by subsection (a) must be an affidavit
made by or on behalf of the claimant and must state the following:
(1) That the value of the gross probate estate, wherever located
(less liens and encumbrances), does not exceed fifty thousand
dollars ($50,000).
(2) That forty-five (45) days have elapsed since the death of the
decedent.
(3) That no application or petition for the appointment of a
personal representative is pending or has been granted in any
jurisdiction.
(4) The name and address of each other person that is entitled
to a share of the property and the part of the property to which
each person is entitled.
(5) That the claimant has notified each person identified in the
affidavit of the claimant's intention to present an affidavit under
this section.
(6) That the claimant is entitled to payment or delivery of the
property on behalf of each person identified in the affidavit.
(c) If a motor vehicle or watercraft (as defined in IC 9-13-2-198.5)
is part of the estate, nothing in this section shall prohibit a transfer of
the certificate of title to the motor vehicle if five (5) days have
elapsed since the death of the decedent and no appointment of a
personal representative is contemplated. A transfer under this
subsection shall be made by the bureau of motor vehicles upon
receipt of an affidavit containing a statement of the conditions
required by subsection (b)(1) and (b)(6). The affidavit must be duly
executed by the distributees of the estate.
(d) A transfer agent of a security shall change the registered
ownership on the books of a corporation from the decedent to a
claimant upon the presentation of an affidavit as provided in
subsection (a).
(e) For the purposes of subsection (a), an insurance company that,
by reason of the death of the decedent, becomes obligated to pay a
death benefit to the estate of the decedent is considered a person
indebted to the decedent.
(f) For purposes of subsection (a), property in 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 United States is considered personal property belonging to the
decedent in the possession of the financial institution. (Formerly: Acts 1953, c.112, s.801; Acts 1965, c.379, s.2; Acts 1971,
P.L.406, SEC.1; Acts 1975, P.L.288, SEC.12.) As amended by Acts
1977, P.L.2, SEC.80; Acts 1977, P.L.298, SEC.1; P.L.71-1991,
SEC.15; P.L.77-1992, SEC.5; P.L.118-1997, SEC.16; P.L.59-2000,
SEC.1; P.L.61-2006, SEC.4.
IC 29-1-8-1.5 Affidavit to obtain date of death values for personal property,
accounts, and intangible property belonging to a decedent; form of
affidavit; duty to furnish information to the affiant
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 United
States.
(b) After the death of a decedent, a person:
(1) indebted to the decedent; or
(2) having possession of:
(A) personal property;
(B) an instrument evidencing a debt;
(C) an obligation;
(D) a chose in action;
(E) a life insurance policy;
(F) a bank account; or
(G) intangible property, including annuities, fixed income
investments, mutual funds, cash, money market accounts, or
stocks;
belonging to the decedent;
shall furnish the date of death value of the indebtedness or property
and the names of the known beneficiaries of property described in
this subsection to a person who presents an affidavit containing the
information required by subsection (c).
(c) An affidavit presented under subsection (b) must state:
(1) the name, address, Social Security number, and date of
death of the decedent;
(2) the name and address of the affiant, and the relationship of
the affiant to the decedent;
(3) that the disclosure of the date of death value is necessary to
determine whether the decedent's estate can be administered
under the summary procedures set forth in this chapter; and
(4) that the affiant is answerable and accountable for the
information received to the decedent's personal representative,
if any, or to any other person having a superior right to the
property or indebtedness.
(d) A person presented with an affidavit under subsection (b) must
provide the requested information within three (3) business days
after being presented with the affidavit.
(e) A person who acts in good faith reliance on an affidavit
presented under subsection (b) is immune from liability for the
disclosure of the requested information.
(f) A person who:
(1) is presented with an affidavit under subsection (b); and
(2) refuses to provide the requested information within three (3)
business days after being presented with the affidavit;
is liable to the estate of the decedent.
(g) A plaintiff who prevails in an action to compel a person
presented with an affidavit under subsection (b) to accept the
authority of the affiant or in an action for damages arising from a
person's refusal to provide the information requested in an affidavit
presented under subsection (b) shall recover the following:
(1) Three (3) times the amount of the actual damages.
(2) Attorney's fees and court costs.
(3) Prejudgment interest on the actual damages from the date
the affidavit was presented to the person. As added by P.L.95-2007, SEC.7.
IC 29-1-8-2 Personal property; payments; delivery; transfer; release
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 he dealt with a
personal representative of the decedent. He is not required to see to
the application of the personal property or evidence thereof or to
inquire into the truth of any statement in the affidavit. If any person
to whom an affidavit is delivered refuses to pay, deliver, transfer, or
issue any personal property or evidence thereof, it may be recovered
or its payment, delivery, transfer, or issuance compelled upon proof
of their right in a proceeding brought for the purpose by or on behalf
of the persons entitled thereto. Any person to whom payment,
delivery, transfer or issuance is made is answerable and accountable
therefor to any personal representative of the estate or to any other
person having a superior right. (Formerly: Acts 1953, c.112, s.802; Acts 1975, P.L.288, SEC.13.)
IC 29-1-8-3 Disbursement and distribution of estate
Sec. 3. (a) If it appears that the value of a decedent's gross probate
estate, less liens and encumbrances, does not exceed the sum of:
(1) fifty thousand dollars ($50,000);
(2) the costs and expenses of administration; and
(3) reasonable funeral expenses;
the personal representative or a person acting on behalf of the
distributees, without giving notice to creditors, may immediately
disburse and distribute the estate to the persons entitled to it and file
a closing statement as provided in section 4 of this chapter.
(b) If an estate described in subsection (a) includes real property,
an affidavit may be recorded in the office of the recorder in the
county in which the real property is located. The affidavit must
contain the following:
(1) The legal description of the real property.
(2) The following statement: "It appears that the decedent's
gross probate estate, less liens and encumbrances, does not
exceed the sum of the following: fifty thousand dollars
($50,000), the costs and expenses of administration, and
reasonable funeral expenses.".
(3) The name of each person entitled to at least a part interest in
the real property as a result of a decedent's death, the share to
which each person is entitled, and whether the share is a divided
or undivided interest.
(4) A statement which explains how each person's share has
been determined. (Formerly: Acts 1953, c.112, s.803; Acts 1959, c.239, s.1; Acts 1965,
c.379, s.3; Acts 1971, P.L.406, SEC.2; Acts 1975, P.L.288, SEC.14.)
As amended by P.L.146-1984, SEC.2; P.L.118-1997, SEC.17;
P.L.42-1998, SEC.2; P.L.95-2007, SEC.8.
IC 29-1-8-4 Closing of estate; statement
Sec. 4. (a) Unless prohibited by order of the court and except for
estates being administered by supervised personal representatives, a
personal representative or a person acting on behalf of the
distributees may close an estate administered under the summary
procedures of section 3 of this chapter by filing with the court, at any
time after disbursement and distribution of the estate, a verified
statement stating that:
(1) to the best knowledge of the personal representative or
person acting on behalf of the distributees the value of the gross
probate estate, less liens and encumbrances, did not exceed the
sum of:
(A) fifty thousand dollars ($50,000);
(B) the costs and expenses of administration; and
(C) reasonable funeral expenses;
(2) the personal representative or person acting on behalf of the
distributees has fully administered the estate by disbursing and
distributing it to the persons entitled to it; and
(3) the personal representative or person acting on behalf of the
distributees has sent a copy of the closing statement to all
distributees of the estate and to all creditors or other claimants
of whom the personal representative or person acting on behalf
of the distributees is aware and has furnished a full account in
writing of the administration to the distributees whose interests
are affected.
(b) If no actions, claims, objections, or proceedings involving the
personal representative or person acting on behalf of the distributees
are filed in the court within three (3) months after the closing
statement is filed, the appointment of the personal representative or
the duties of the person acting on behalf of the distributees terminate.
(c) A closing statement filed under this section has the same effect
as one (1) filed under IC 29-1-7.5-4.
(d) A copy of any affidavit recorded under section 3(b) of this
chapter must be attached to the closing statement filed under this
section. (Formerly: Acts 1953, c.112, s.804; Acts 1971, P.L.406, SEC.3; Acts
1975, P.L.288, SEC.15.) As amended by Acts 1976, P.L.125, SEC.4;
Acts 1977, P.L.297, SEC.2; P.L.146-1984, SEC.3; P.L.95-2007,
SEC.9.
IC 29-1-8-4.5 Affidavit or entitlement to property
Sec. 4.5. The person claiming to be entitled to payment or
delivery of the property belonging to the decedent may present to the
court having jurisdiction over the decedent's estate an affidavit
containing a statement of the conditions required under section (1)(b)
of this chapter. Upon receipt of the affidavit, the court may, without
notice and hearing, enter an order that the claimant is entitled to
payment or delivery of the property. As added by Acts 1978, P.L.132, SEC.6. Amended by P.L.61-2006,
SEC.5.
IC 29-1-8-5
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-8-6
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-8-7
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-8-8 Payment of claims; accounting; closing administration
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 inclusive, the personal representative upon order of the court
shall pay the same in the order provided and thereafter present his
account with an application for the settlement and allowance thereof.
Thereupon, the court, with or without notice, may adjust, correct,
settle, allow or disallow such account, and, if the account is settled
and allowed, decree final distribution, discharge the personal
representative and close the administration. (Formerly: Acts 1953, c.112, s.808; Acts 1975, P.L.288, SEC.16.)
IC 29-1-8-9 Prepaid funeral expenses; last illness expense
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 last illness of the deceased from directly applying the
proceeds of such obligation for such purpose. The payment of such
expenses by the obligor or person holding such funds shall be a
complete defense to the extent of such payment to the demand of any
person on behalf of such estate or any other claimant. (Formerly: Acts 1953, c.112, s.809.) As amended by Acts 1982,
P.L.171, SEC.26.
