CHAPTER 10. PERSONAL REPRESENTATIVES

IC 29-1-10
    Chapter 10. Personal Representatives

IC 29-1-10-1
Letters testamentary; letters of general administration; persons towhom granted; order; qualifications
    Sec. 1. (a) Domiciliary letters testamentary or domiciliary lettersof general administration may be granted to one (1) or more of thepersons mentioned in this subsection, natural or corporate, who arenot disqualified, in the following order:
        (1) To the executor or executors designated in a will that hasbeen admitted to probate.
        (2) To a surviving spouse who is a devisee in a will that hasbeen admitted to probate.
        (3) To a devisee in a will that has been admitted to probate.
        (4) To the surviving spouse, or to the person or personsnominated by the surviving spouse or to the surviving spouseand the person or persons nominated by the surviving spouse.
        (5) To:
            (A) an heir;
            (B) the person or persons nominated by an heir; or
            (C) an heir and the person or persons nominated by an heir.
        (6) If there is not a person listed in subdivisions (1) through (5),then to any other qualified person.
    (b) No person is qualified to serve as a domiciliary personalrepresentative who is:
        (1) under eighteen (18) years of age;
        (2) incapacitated unless the incapacity is caused only by:
            (A) physical illness;
            (B) physical impairment; or
            (C) physical infirmity;
        (3) a convicted felon, either under the laws of the United Statesor of any state or territory of the United States;
        (4) a resident corporation not authorized to act as a fiduciary inthis state; or
        (5) a person whom the court finds unsuitable.
    (c) A nonresident individual or corporate fiduciary may qualifyand serve as a joint personal representative with a resident personalrepresentative only by:
        (1) filing with the court that has jurisdiction of theadministration of the decedent's estate a bond in an amount:
            (A) not less than:
                (i) the probable value of the estate's personal property;plus
                (ii) the estimated rents and profits to be derived from theproperty in the estate during the probate period; and
            (B) not greater than the probable gross value of the estate;and
        (2) otherwise meeting the qualifications of subsection (b).
    (d) A nonresident individual who otherwise qualifies under

subsection (b) may qualify to serve as a personal representative inIndiana only by filing with the court that has jurisdiction of theadministration of the decedent's estate:
        (1) notice in writing of the individual's acceptance of theappointment as personal representative;
        (2) notice of the appointment of a resident agent to acceptservice of process, notices, and other documents; and
        (3) a bond in an amount:
            (A) not less than:
                (i) the probable value of the estate's personal property;plus
                (ii) the estimated rents and profits to be derived from theproperty in the estate during the probate period; and
            (B) not greater than the probable gross value of the estate.
    (e) If a personal representative becomes a nonresident of thisstate, the representative remains qualified to serve only if therepresentative files with the court that has jurisdiction of theadministration of the estate a bond in an amount:
        (1) not less than:
            (A) the probable value of the estate's personal property; plus
            (B) the estimated rents and profits to be derived from theproperty in the estate during the probate period; and
        (2) not greater than the probable gross value of the estate.
    (f) A nonresident individual who satisfies the conditions ofsubsection (d) or (e) submits personally to the jurisdiction of thecourt in any proceeding that relates to the estate of the decedent.
(Formerly: Acts 1953, c.112, s.1001; Acts 1973, P.L.287, SEC.5;Acts 1975, P.L.289, SEC.2.) As amended by Acts 1982, P.L.173,SEC.1; P.L.33-1989, SEC.39; P.L.118-1997, SEC.19.

IC 29-1-10-2
Letters; renouncing right
    Sec. 2. Any person entitled to letters testamentary or to generalletters of administration may renounce his right thereto in writing,which renunciation shall be filed with the clerk.
(Formerly: Acts 1953, c.112, s.1002.)

IC 29-1-10-3
Letters; issuance; conditions
    Sec. 3. Letters testamentary, of administration, of administrationwith the will annexed, de bonis non, and all other letters special orotherwise, shall be issued to the person entitled to receive the samewhen:
    (a) Said person, if an individual, has taken and subscribed beforethe clerk or any other officer authorized to administer oaths, an oathor affirmation that he will faithfully discharge the duties of his trustaccording to law and has given such bond as may be required and thebond has been approved by the court.
    (b) Some officer of the corporation, if the person is a corporation,has taken and subscribed before the clerk or any other officer

authorized to administer oaths, an oath or affirmation that said bankor trust company will faithfully discharge the duties of its trustaccording to law, has filed an acceptance of the appointment, dulyexecuted and acknowledged by one (1) of its officers and, if a bondis required to be filed by it, shall have filed such bond as may berequired and the bond shall have been approved by the court. Theoath and, if a bank or trust company, also the acceptance shall befiled and recorded as a part of the proceedings of the estate.
(Formerly: Acts 1953, c.112, s.1003; Acts 1971, P.L.407, SEC.1.)

IC 29-1-10-4
Letters; evidence of authority
    Sec. 4. Letters issued to a personal representative, attested by theclerk, and under the seal of the court issuing them, shall beconclusive evidence of the authority of the person to whom they areissued until superseded or revoked, and shall extend to all the estate,personal and real, of the decedent within the state. The record ofsuch letters and duly certified transcripts thereof, may be given inevidence with like effect as the originals.
(Formerly: Acts 1953, c.112, s.1004.)

IC 29-1-10-5
Actions or proceedings; evidence of authority
    Sec. 5. In any action or proceeding brought by the personalrepresentative in such representative capacity, it shall not benecessary for him to make profert of his letters, nor shall his right tosue as such personal representative be questioned, unless theopposite party shall file a plea denying such right, with his affidavitto the truth thereof thereunto attached, in which case a copy of theletters issued to such personal representative, duly authenticated,shall be all the evidence necessary to establish such right.
(Formerly: Acts 1953, c.112, s.1005.)

IC 29-1-10-6
Removal of personal representatives for reasons other than achange in control of a corporate fiduciary
    Sec. 6. (a) This section does not apply to the removal of acorporate fiduciary after a change in control of the corporatefiduciary.
    (b) When the personal representative becomes incapacitated(unless the incapacity is caused only by a physical illness, infirmity,or impairment), disqualified, unsuitable or incapable of dischargingthe representative's duties, has mismanaged the estate, failed toperform any duty imposed by law or by any lawful order of the court,or has ceased to be domiciled in Indiana, the court may remove therepresentative in accordance with either of the following:
        (1) The court on its own motion may, or on petition of anyperson interested in the estate shall, order the representative toappear and show cause why the representative should not beremoved. The order shall set forth in substance the alleged

grounds upon which such removal is based, the time and placeof the hearing, and may be served upon the personalrepresentative in the same manner as a notice is served underthis article.
        (2) The court may without motion, petition or application, forany such cause, in cases of emergency, remove such personalrepresentative instantly without notice or citation.
    (c) The removal of a personal representative after letters are dulyissued does not invalidate official acts performed prior to removal.
(Formerly: Acts 1953, c.112, s.1006.) As amended by Acts 1982,P.L.171, SEC.28; P.L.33-1989, SEC.40; P.L.143-2009, SEC.12.

IC 29-1-10-6.5
Removal of personal representative following a change in controlof a corporate fiduciary
    Sec. 6.5. (a) This section does not apply to the removal of apersonal representative under section 6 of this chapter.
    (b) An interested person may petition the court for the removal ofa corporate fiduciary appointed by the court as personalrepresentative if there has been a change in the control of thecorporate fiduciary and either of the following applies:
        (1) The change in the control of the corporate fiduciaryoccurred after the date of the execution of the decedent's willbut before the decedent's death.
        (2) The change in the control of the corporate fiduciaryoccurred after the corporate fiduciary was appointed and duringthe administration of the decedent's estate.
    (c) A petition described in subsection (b) must be filed:
        (1) not later than thirty (30) days after an interested personreceives notice under IC 29-1-7-7(c) or IC 29-1-7.5-1.5, in thecase of a change of control described in subsection (b)(1); or
        (2) not later than a reasonable time after the change of control,in the case of a change of control described in subsection (b)(2).
    (d) The court may remove the corporate fiduciary if the courtdetermines, after a hearing, that the removal is in the best interests ofall interested persons. The court may replace the corporate fiduciarywith another corporate fiduciary or an individual.
    (e) For purposes of this section, a change in control of a corporatefiduciary occurs whenever a person or group of persons acting inconcert acquires the beneficial ownership of a total of at leasttwenty-five percent (25%) of the outstanding voting stock of:
        (1) a corporate fiduciary; or
        (2) a corporation controlling a corporate fiduciary.
    (f) The removal of a corporate fiduciary after letters are dulyissued does not invalidate official acts performed before the removal.
    (g) If a corporate fiduciary is replaced under this section, thecorporate fiduciary is entitled to receive reasonable compensation forservices rendered before the removal.
As added by P.L.143-2009, SEC.13. Amended by P.L.6-2010, SEC.8.
IC 29-1-10-7
Successor representatives; appointment
    Sec. 7. When a personal representative dies, is removed by thecourt, or resigns and such resignation is accepted by the court, thecourt may, and if he was the sole or last surviving personalrepresentative and administration is not completed, the court shallappoint another personal representative in his place.
(Formerly: Acts 1953, c.112, s.1007.)

IC 29-1-10-8
Successor representatives; rights and powers
    Sec. 8. When a successor personal representative or anadministrator with the will annexed is appointed, he shall have all therights and powers of his predecessor or of the executor designated inthe will, except that he shall not exercise powers given in the willwhich by its terms are personal to the executor therein designated.
(Formerly: Acts 1953, c.112, s.1008.)

IC 29-1-10-9
Joint representatives; powers; survivor
    Sec. 9. Every power exercisable by joint personal representativemay be exercised by the survivor of them when one is dead or by theother when one appointment is terminated by order of the court,unless the power is given in the will and its terms otherwise provideas to the exercise of such power.
(Formerly: Acts 1953, c.112, s.1009.)

IC 29-1-10-10
Joint representatives; powers
    Sec. 10. Where there are two (2) or more personal representatives,the following powers can be exercised, except as otherwise providedin section 11 of this chapter, only by all of them:
        (a) the institution of a suit on behalf of the estate;
        (b) the employment of an attorney;
        (c) the carrying on the business of the deceased;
        (d) the voting of corporate shares of the estate;
        (e) the exercise of those powers given by the will which, by theterms of the will, are to be exercised only by all of the personalrepresentatives, or by all the survivors of them.
All other powers can be exercised by any one of the personalrepresentatives, unless the will otherwise provides.
(Formerly: Acts 1953, c.112, s.1010.) As amended by Acts 1982,P.L.171, SEC.29.

IC 29-1-10-11
Joint representatives; powers; voting shares of stock
    Sec. 11. (a) Where powers possessed by two (2) or more personalrepresentatives are to be exercised by them jointly, the will of themajority shall control the manner in which such power shall beexercised unless the will otherwise provides.    Where the personal representatives, or a majority of them, cannotagree, or where they are equally divided upon the manner in whichsuch power shall be exercised, other than in the voting of shares ofstock, the court shall, upon petition filed by any of such personalrepresentatives or by any party in interest, direct the manner in whichsuch power shall be exercised, and such power shall be exercisedonly in accordance with such direction.
    (b) Shares of stock held by personal representatives may be votedby the personal representatives in such manner as the instrument ororder appointing such personal representatives may direct. In theabsence of such direction or the inability of the personalrepresentatives to act in accordance therewith, the followingprovisions shall apply:
    (1) Where shares of stock are held jointly by two (2) or morepersonal representatives, such shares shall be voted in accordancewith the will of the majority.
    (2) Where the personal representatives or a majority of themcannot agree, or where they are equally divided upon the question ofvoting such shares of stock, the court shall, upon petition filed by anyof such personal representatives or by any party in interest, direct thevoting of such shares as it may deem for the best interest of thebeneficiaries, and such shares shall be voted in accordance with suchdirection.
(Formerly: Acts 1953, c.112, s.1011.)

IC 29-1-10-12
Voting corporate shares
    Sec. 12. The personal representative may vote shares of corporatestock in person, or by proxy, discretionary or otherwise and with orwithout right of substitution and revocation.
(Formerly: Acts 1953, c.112, s.1012.)

IC 29-1-10-12.5
Protection of persons dealing in good faith
    Sec. 12.5. A person who in good faith either assists a personalrepresentative or deals with him for value is protected as if thepersonal representative properly exercised his power. The fact thata person knowingly deals with a personal representative does notalone require the person to inquire into the existence of a power orthe propriety of its exercise. No provision in any will or order ofcourt purporting to limit the power of a personal representative iseffective except as to persons with actual knowledge thereof. Aperson is not bound to see to the proper application of estate assetspaid or delivered to a personal representative. The protection hereexpressed extends to instances in which some procedural irregularityor jurisdictional defect occurred in proceedings leading to theissuance of letters, including a case in which the alleged decedent isfound to be alive. The protection here expressed is in addition to thatprovided by comparable provisions of the laws relating tocommercial transactions and laws simplifying transfers of securities

by fiduciaries.
As added by Acts 1977, P.L.297, SEC.3.

IC 29-1-10-13
Compensation; attorney's services
    Sec. 13. If a testator by will makes provision for the compensationof his personal representative, that shall be taken as his fullcompensation unless he files in the court a written instrumentrenouncing all claims for the compensation provided by the willbefore qualifying as personal representative. The personalrepresentative, when no compensation is provided in the will, orwhen he renounces all claim to the compensation provided in thewill, shall be allowed such compensation for his services as the courtshall deem just and reasonable. Additional compensation may beallowed for his services as attorney and for other services notrequired of a personal representative. An attorney performingservices for the estate at the instance of the personal representativeshall have such compensation therefor out of the estate as the courtshall deem just and reasonable. Such compensation may be allowedat the final settlement; but at any time during administration apersonal representative or his attorney may apply to the court for anallowance upon the compensation of the personal representative andupon attorney's fees.
(Formerly: Acts 1953, c.112, s.1013.)

IC 29-1-10-14
Actions on probate; expenses and attorney's fees
    Sec. 14. When any person designated as executor in a will, or theadministrator with the will annexed, or if at any time there be nosuch representative, then any devisee therein, defends it orprosecutes any proceedings in good faith and with just cause for thepurpose of having it admitted to probate, whether successful or not,he shall be allowed out of the estate his necessary expenses anddisbursements including reasonable attorney's fees in suchproceedings.
(Formerly: Acts 1953, c.112, s.1014.)

IC 29-1-10-15
Special administrator; appointment; appeal of order
    Sec. 15. A special administrator may be appointed by the court if:
        (a) from any cause delay is necessarily occasioned in grantingletters, or
        (b) before the expiration of the time allowed by law for issuingletters, any competent person shall file his affidavit with theclerk that anyone is intermeddling with the estate or that thereis no one having authority to take care of the same, or
        (c) if any person shall have died testate and objections to theprobate of his will shall have been filed as provided by law.
    The appointment of a special administrator may be for a specifiedtime to perform duties respecting specific property, or to perform

particular acts as shall be stated in the order of appointment. The factthat a person has been designated as executor in a decedent's willshall not disqualify him from being appointed special administratorof such decedent's estate or any portion thereof.
    The special administrator shall make such reports as the courtshall direct, and shall account to the court upon the termination of hisauthority. Otherwise, and except as the provisions of this article byterms apply to general personal representatives, and except asordered by the court, the law and procedure relating to personalrepresentatives in this article shall apply to special administrators.The order appointing a special administrator shall not be appealable.
(Formerly: Acts 1953, c.112, s.1015.) As amended by Acts 1982,P.L.171, SEC.30.

IC 29-1-10-16
Pending will contest; administration of estate
    Sec. 16. Prior to the adjudication of a pending will contest anygeneral personal representative or any special administrator, withinthe limits of his authority, shall proceed to administer the estatepursuant to the law respecting intestate estates, so far as the samemay be done consistent with the terms of any such will.
(Formerly: Acts 1953, c.112, s.1016.)

IC 29-1-10-17
Damages for wrongful death
    Sec. 17. An administrator collecting damages for personal injuryresulting in the death of any decedent, may, at any time, file in thecourt where he was appointed his final report with respect to suchproceeds, and the same may be approved by the court, and it shall notbe necessary to publish any notice of the final settlement of suchestate unless the same is ordered by the court. In the event that saidadministrator was appointed for the sole purpose of collecting suchdamages it shall not be necessary to publish any notice of theissuance of letters of administration.
(Formerly: Acts 1953, c.112, s.1017.)

IC 29-1-10-18
Wrongful death; nonresident; appointment of administrator
    Sec. 18. Any court having probate jurisdiction in the state ofIndiana may appoint an administrator for the estate of a nonresidentfor the sole purpose of bringing an action to recover damages for thewrongful death of such nonresident. The appointment may be madein the county in which the death occurred; or in the county in whichthe injury causing the death was received; or in the county in whichany party defendant to the suit resides. The appointment shall in noway depend upon whether or not the decedent left assets.
(Formerly: Acts 1953, c.112, s.1018.)

IC 29-1-10-19
Termination of authority; validity of prior acts    Sec. 19. All acts of personal representatives whose authority shallsubsequently be terminated because an estate found to be intestate islater found to be testate, or vice versa, because of a revocation ofletters, or for any other cause, which acts were lawful whenperformed, according to the authority under which such personalrepresentative was acting, shall be valid insofar as concerns therights and liabilities of a purchaser, lessee, or encumbrancer, forvalue in good faith or a personal representative who has acted ingood faith. No person delivering or transferring property to apersonal representative or to any other person by authority of theletters issued to such personal representative or upon court order orpursuant to a will under which such a personal representative isacting, shall be held accountable by virtue of such acts performedprior to such termination of authority if such acts were lawful inaccordance with the apparent authority of such letters, court order orwill.
(Formerly: Acts 1953, c.112, s.1019.)