CHAPTER 7. PROBATE AND GRANT OF ADMINISTRATION
IC 29-1-7
Chapter 7. Probate and Grant of Administration
IC 29-1-7-1
Venue; transfer of proceedings
Sec. 1. (a) The venue for the probate of a will and for theadministration of an estate shall be:
(1) In the county in this state where the decedent had his domicileat the time of his death.
(2) When not domiciled in this state in any county in the state,where he left any property at the time of his decease; or into whichcounty any property belonging to his estate may have come after hisdecease.
(b) If proceedings are commenced in more than one (1) county,they shall be stayed except in the county where first commenceduntil final determination of the venue by the court in the countywhere first commenced, and thereupon all proceedings in any county,other than the county where jurisdiction has been finally determinedto exist, shall be dismissed. If the proper venue is finally determinedto be in another county, the court, after making and retaining a truecopy of the entire file, shall transmit the original to the propercounty. The proceeding shall be deemed commenced by the filing ofa petition; and the proceeding first legally commenced shall extendto all of the property of the estate in this state.
(c) If it appears to the court at any time before the decree of finaldistribution in any proceedings that the proceeding was commencedin the wrong county or that it would be for the best interests of theestate, the court, in its discretion, may order the proceeding with allpapers, files and a certified copy of all orders therein transferred toanother court having probate jurisdiction, which other court shallthereupon proceed to complete the administration proceedings as iforiginally commenced therein.
(Formerly: Acts 1953, c.112, s.701.)
IC 29-1-7-2
One proceeding in rem
Sec. 2. The probate of a will and the administration of the estateshall be considered one (1) proceeding for the purposes ofjurisdiction. The entire proceeding and the administration of adecedent's estate is a proceeding in rem. This section applies toproceedings under IC 29-1-13-4, IC 29-1-13-16, and IC 29-1-14-10.
(Formerly: Acts 1953, c.112, s.702.) As amended by P.L.154-1990,SEC.1.
IC 29-1-7-3
Produce will in court; contempt; damages
Sec. 3. (a) After the death of a person, the person having custodyof the decedent's will:
(1) may; or
(2) shall, upon written demand by the personal representative or
upon court order;
deliver the will to the court which has jurisdiction of theadministration of the decedent's estate.
(b) A verified written application may be filed by or on behalf ofany interested person or any personal representative named, in anycourt having jurisdiction of the administration of the decedent'sestate for an order of that court against any person who is alleged tohave the custody of the will of the said person so dying, to producesaid will before said court at the time fixed by said court in order thatsaid will may be probated. Upon the filing of said application, thecourt shall cause notice to issue of the filing thereof to the personalleged in said petition to have the custody of said will. If, upon thehearing of said application, the court shall find the allegations thereofto be true, the court shall enter an order directing the person sonamed in said application to deliver said will within the time fixedin said order, to such person as the court shall designate, so that thesame may be offered for probate.
(c) If the person against whom said order is issued shall, after saidorder shall have been served upon him, fail without just cause to soproduce said will at the time so fixed therefor, he shall be guilty ofcontempt of court and may by said court be committed to the jail ofthe county in which said court is located, there to remain until heproduces said will, or until said order to produce shall have beenvacated, and said person so found guilty of contempt shall also beliable to any person interested in the probate of said will for alldamages he may sustain by the failure of said person to comply withsaid order.
(Formerly: Acts 1953, c.112, s.703.) As amended by P.L.165-2002,SEC.5.
IC 29-1-7-3.1
Will depository
Sec. 3.1. (a) This section applies whether it is:
(1) known; or
(2) unknown;
whether a testator is living.
(b) As used in this section, "depositor" refers to a person whodeposits a will with the circuit court clerk under this section.
(c) As used in this section, "will" refers to an original:
(1) will;
(2) codicil; or
(3) will and codicil.
(d) A person may deposit a will with the circuit court clerk of thecounty in which the testator resided when the testator executed thewill. The circuit court clerk may assume, without inquiring into thefacts, that the depositor's representation is accurate as to the countywhere the testator resided when the testator executed the will. Exceptas provided in subsection (e), the circuit court clerk shall collect a feeof twenty-five dollars ($25) for the deposit of the will. The circuitcourt clerk shall deposit the fee in the clerk's record perpetuation
fund under IC 33-37-5-2.
(e) The circuit court:
(1) shall waive the fee under subsection (d) if:
(A) a court with probate jurisdiction of the county where thewill is deposited certifies that the depositor deposits the will:
(i) as a participant; or
(ii) for a participant;
in a program of the supreme court, including the Judges andLawyers Assistance Program established under Rule 31 ofthe supreme court Rules for Admission to the Bar and theDiscipline of Attorneys; and
(B) the certification described in clause (A) accompanies thewill when the will is deposited; and
(2) may waive the fee under subsection (d) if the depositor is nolonger practicing law.
(f) Upon receipt of a will under this section, the circuit court clerkshall:
(1) provide the depositor with a receipt for the will;
(2) place the will in an envelope and seal the envelope securelyin the presence of the depositor;
(3) designate on the envelope the:
(A) date of deposit;
(B) name of the testator; and
(C) name and address of the depositor; and
(4) index the will alphabetically by the name of the testator.
An envelope and will deposited under this section is not a publicrecord under IC 5-14-3.
(g) During the testator's lifetime, the circuit court clerk shall:
(1) keep the envelope containing the will sealed; and
(2) deliver the envelope to:
(A) the testator; or
(B) a person authorized, in a writing signed by the testator,to receive the envelope.
(h) If the circuit court clerk has custody of the will after the deathof the testator, the circuit court clerk may deliver the will to the courtthat has jurisdiction of the administration of the decedent's estate asset forth in section 3 of this chapter.
(i) A circuit court clerk may destroy a will deposited under thissection if:
(1) the circuit court clerk has not received notice of the death ofthe testator; and
(2) at least one hundred (100) years have passed since the datethe will was deposited.
(j) A depositor that complies with this section is immune fromcivil liability for depositing the will.
As added by P.L.238-2005, SEC.9.
IC 29-1-7-4
Petitions; hearing
Sec. 4. (a) Any interested person or a personal representative
named in the will may petition the court having jurisdiction of theadministration of the decedent's estate:
(1) to have the will of such decedent, whether the same iswritten or is unwritten, is in his possession or not, is lost,destroyed, or without the state, probated;
(2) for the issuance of letters testamentary to the executornamed in said will for the administration of said estate;
(3) for the appointment of an administrator with the willannexed if no executor is designated in said will or if the personso designated is not qualified, dead, or refuses to serve; or
(4) for the appointment of an administrator for the estate of anyperson dying intestate.
(b) A petition for probate may be combined with a petition for theissuance of letters testamentary, or as administrator with the willannexed, and a person interested in the probate of a will and in theadministration of the estate may petition for both.
(c) No notice that a will is to be offered for probate or that it hasbeen probated shall be required.
(d) No notice of the filing of, and hearing on, the petitiondescribed in this section shall be given to or served upon any person.If the petition described herein is filed in term time, it shall be heardforthwith by the court, and if filed in vacation, it shall be heard bythe judge of said court if present, or in his absence by the clerk of thesaid court.
(e) If:
(1) an interested person petitions for the appointment of anadministrator for the estate of a person dying intestate; and
(2) a petition to dissolve the marriage of the decedent and thedecedent's spouse is pending in an Indiana court or the court ofanother state at the time of the decedent's death;
the court may not appoint the decedent's spouse to be theadministrator of the decedent's estate.
(f) Subsection (e) does not apply to a petition for appointment ofan administrator for the estate of a person dying intestate if theapplication of subsection (e) is waived in an agreement signed byeach person, except a person who is incapacitated or a minor, who iseligible for a distribution from the decedent's net estate underIC 29-1-2-1. A waiver may be submitted to the court at any timebefore the appointment of an administrator.
(Formerly: Acts 1953, c.112, s.704.) As amended by P.L.182-1999,SEC.1.
IC 29-1-7-4.5
Notice of delivery to consenting parties or to parties waiving noticeof proceedings in the estate
Sec. 4.5. Except as provided in section 4 of this chapter, eachpetition or other document that a personal representative files in thecourt with:
(1) a written consent to the petition or other document; or
(2) a written waiver of notice of proceedings in the estate;must contain a statement that the personal representative hasdelivered a copy of the petition or other document to each personwhose written consent or waiver of notice of proceedings ispresented to the court in support of the petition or other document.
As added by P.L.6-2010, SEC.7.
IC 29-1-7-5
Petition for probate; letters testamentary; administrator with willannexed; appointment of administrator
Sec. 5. A petition for the probate of a will and for the issuance ofletters testamentary or for the appointment of an administrator withthe will annexed, or for the appointment of an administrator, shallstate:
(1) the name, domicile, and date of the death of the decedent,and whether the decedent is an adult or a minor;
(2) the name, and place of residence of each heir, and whetherthe heir is an adult or a minor, in the event the decedent left nowill; and the name, and place of residence of each legatee anddevisee, and whether each legatee and devisee is an adult or aminor, in the event the decedent left a will, so far as such areknown or can with reasonable diligence be ascertained by thepersonal representative;
(3) whether the person named in subdivision (1) died testate orintestate;
(4) if the decedent was not domiciled in the state at the time ofdeath, a description of the property to be administered which iswithin the county in which the petition is filed;
(5) if the will sought to be probated is unwritten, lost, or wasimproperly destroyed or suppressed, a detailed statement of theprovisions of said will so far as known;
(6) the name and place of residence or business address of theperson, if any, designated as executor of the will;
(7) if the petition be for the appointment of an administratorwith the will annexed, or of an administrator, the name andplace of residence or business address of the person to be soappointed, together with a statement of the person's relationshipto the decedent, and such other facts, if any, which entitle suchperson to be so appointed;
(8) the name and business address of the attorney who is torepresent the personal representative; and
(9) if the person named in subdivision (1) died intestate,whether a petition to dissolve the marriage of the decedent andthe decedent's spouse is pending in an Indiana court or the courtof another state at the time of the decedent's death.
(Formerly: Acts 1953, c.112, s.705; Acts 1955, c.258, s.3.) Asamended by Acts 1976, P.L.125, SEC.1; P.L.182-1999, SEC.2;P.L.238-2005, SEC.10.
IC 29-1-7-6
Notice of hearing; request; provision of relevant materials by
personal representative
Sec. 6. (a) At any time after the issuance of letters, any personinterested in the estate may serve upon the personal representative,or upon his attorney, and file with the clerk of the court where theproceedings are pending with a written admission or proof of suchservice, a written request, stating that he desires written notice byordinary mail of the time and place of all hearings on the settlementof accounts, on final distribution, and on any other matters for whichany notice is required by law, by rule of court, or by an order in theparticular case. The applicant for such notice must include in hiswritten request his post office address or that of his attorney. Unlessthe court otherwise directs, upon filing such request such personshall be entitled to notice of all hearings for which any notice isrequired as aforesaid, or of such of those hearings as he designatesin his request.
(b) Upon petition by an interested person, the court havingjurisdiction over the estate may, in its discretion, under such termsand conditions as the court considers appropriate, order the personalrepresentative to provide that interested person with relevantmaterials specified in the court's order.
(Formerly: Acts 1953, c.112, s.706.) As amended by Acts 1979,P.L.268, SEC.2.
IC 29-1-7-7
Notice of administration
Sec. 7. (a) As soon as letters testamentary or of administration,general or special, supervised or unsupervised, have been issued, theclerk of the court shall publish notice of the estate administration.
(b) The notice required under subsection (a) shall be published ina newspaper of general circulation, printed in the English languageand published in the county where the court is located, once eachweek for two (2) consecutive weeks. A copy of the notice, with proofof publication, shall be filed with the clerk of the court as a part ofthe administration of the estate within thirty (30) days after thepublication. If no newspaper is published in the county, the noticeshall be published in a newspaper published in an adjacent county.
(c) The notice required under subsection (a) shall be served byfirst class postage prepaid mail on each heir, devisee, legatee, andknown creditor whose name and address is set forth in the petitionfor probate or letters, except as otherwise ordered by the court. Thepersonal representative shall furnish sufficient copies of the notice,prepared for mailing, and the clerk of the court shall mail the noticeupon the issuance of letters.
(d) The personal representative or the personal representative'sagent shall serve notice on each creditor of the decedent:
(1) whose name is not set forth in the petition for probate orletters under subsection (c);
(2) who is known or reasonably ascertainable within one (1)month after the first publication of notice under subsection (a);and (3) whose claim has not been paid or settled by the personalrepresentative.
The notice may be served by mail or any other means reasonablycalculated to ensure actual receipt of the notice by a creditor.
(e) Notice under subsection (d) shall be served within one (1)month after the first publication of notice under subsection (a) or assoon as possible after the elapse of one (1) month. If the personalrepresentative or the personal representative's agent fails to givenotice to a known or reasonably ascertainable creditor of thedecedent under subsection (d) within one (1) month after the firstpublication of notice under subsection (a), the period during whichthe creditor may submit a claim against the estate includes anadditional period ending two (2) months after the date notice is givento the creditor under subsection (d). However, a claim filed underIC 29-1-14-1(a) more than nine (9) months after the death of thedecedent is barred.
(f) A schedule of creditors that received notice under subsection(d) shall be delivered to the clerk of the court as soon as possibleafter notice is given.
(g) The giving of notice to a creditor or the listing of a creditor onthe schedule delivered to the clerk of the court does not constitute anadmission by the personal representative that the creditor has anallowable claim against the estate.
(h) If any person entitled to receive notice under this section isunder a legal disability, the notice may be served upon or waived bythe person's natural or legal guardian or by the person who has careand custody of the person.
(i) The notice shall read substantially as follows:
NOTICE OF ADMINISTRATION
In the _____________ Court of ______________ County,Indiana.
Notice is hereby given that _________ was, on the ____ day of______, 20 __, appointed personal representative of the estate of_________, deceased, who died on the ___ day of ________, 20 __.
All persons who have claims against this estate, whether or notnow due, must file the claim in the office of the clerk of this courtwithin three (3) months from the date of the first publication of thisnotice, or within nine (9) months after the decedent's death,whichever is earlier, or the claims will be forever barred.
Dated at ________, Indiana, this ___ day of ______, 20 __.
_______________________________
CLERK OF THE _________ COURT
FOR _______ COUNTY, INDIANA
(Formerly: Acts 1953, c.112, s.707; Acts 1955, c.258, s.4; Acts 1975,P.L.288, SEC.6.) As amended by P.L.154-1990, SEC.2;P.L.197-1996, SEC.1; P.L.252-2001, SEC.12; P.L.95-2007, SEC.4;P.L.143-2009, SEC.10.
IC 29-1-7-7.5
Personal representative; reasonable diligence to discover creditors
of decedent; affidavit; presumption of reasonable diligence
Sec. 7.5. (a) A personal representative shall exercise reasonablediligence to discover the reasonably ascertainable creditors of thedecedent within one (1) month of the first publication of notice undersection 7 of this chapter.
(b) A personal representative is considered to have exercisedreasonable diligence under subsection (a) if the personalrepresentative:
(1) conducts a review of the decedent's financial records that arereasonably available to the personal representative; and
(2) makes reasonable inquiries of the persons who are likely tohave knowledge of the decedent's debts and are known to thepersonal representative.
(c) A personal representative may file an affidavit with the clerkof the court stating that the personal representative has complied withthe requirements of subsection (b). In addition, a personalrepresentative may petition the court for an order declaring that:
(1) the personal representative has complied with therequirements of subsection (b); and
(2) any creditors not known to the personal representative aftercomplying with the requirements of subsection (b) are notreasonably ascertainable.
(d) If a personal representative complies with the requirements ofsubsection (b), the personal representative is presumed to haveexercised reasonable diligence to ascertain creditors of the decedentand creditors not discovered are presumed not reasonablyascertainable. The presumptions may be rebutted only by clear andconvincing evidence.
As added by P.L.154-1990, SEC.3. Amended by P.L.252-2001,SEC.13.
IC 29-1-7-8
Death in doubt; search for alleged decedent
Sec. 8. Whenever there is any doubt that the person whose estateis to be administered is dead, the court, upon application of anyinterested person, may direct the personal representative to makesearch for the alleged decedent in any manner which the court maydeem advisable, including any or all of the following methods:
(a) By inserting in one (1) or more suitable periodicals a noticerequesting information from any person having knowledge of thewhereabouts of the alleged decedent;
(b) By notifying officers of justice and public welfare agencies inappropriate locations of the disappearance of the alleged decedent;
(c) By engaging the services of an investigation agency.
(Formerly: Acts 1953, c.112, s.708.)
IC 29-1-7-9
Admission to probate; proof of will
Sec. 9. Before a written will shall be admitted to probate, the willshall be proved by one (1) or more of the subscribing witnesses, or
if all of them are dead, out of the state, or have become incapacitatedfor any reason since attesting the will, then the will shall be admittedto probate upon proof of the handwriting of the testator or of one (1)of the subscribing witnesses.
(Formerly: Acts 1953, c.112, s.709.) As amended by P.L.33-1989,SEC.36.
IC 29-1-7-10
Absence of competent witnesses; handwriting; proof
Sec. 10. If none of the subscribing witnesses to a will can befound, or if all are dead, absent from the state, or incapacitated, one(1) or more of these situations shall be proved to the satisfaction ofthe court before evidence of the handwriting of the testator or of thesubscribing witnesses provided for in section 9 of this chapter shallbe admitted in evidence.
(Formerly: Acts 1953, c.112, s.710.) As amended by Acts 1982,P.L.171, SEC.19; P.L.33-1989, SEC.37.
IC 29-1-7-11
Repealed
(Repealed by Acts 1975, P.L.288, SEC.51.)
IC 29-1-7-12
Nuncupative wills; proof
Sec. 12. Proof of nuncupative wills is subject to the requirementsof IC 29-1-5-4.
(Formerly: Acts 1953, c.112, s.712.) As amended by Acts 1982,P.L.171, SEC.20.
IC 29-1-7-13
Admission to probate; petitions; self-proved wills; signaturerequirement presumptions
Sec. 13. (a) When a will is offered for probate, if the court findsthat the testator is dead and that the will was executed in all respectsaccording to law, it shall be admitted to probate as the last will of thedeceased, unless objections are filed as provided in section 16 of thischapter.
(b) On a petition for the qualification of an executor or for theappointment of an administrator the court shall grant lettersaccordingly or, on proper grounds, may deny the petition.
(c) If the will is self-proved, compliance with signaturerequirements for execution and other requirements of execution arepresumed subject to rebuttal without the testimony of any witnessupon filing the will and the acknowledgment and verificationsannexed or attached to the will, unless there is proof of fraud orforgery affecting the acknowledgment or verification.
(Formerly: Acts 1953, c.112, s.713; Acts 1975, P.L.288, SEC.7.)
IC 29-1-7-14
Certificate of probate; evidence Sec. 14. When proved as herein provided, every written will, if inthe custody of the court, shall have endorsed thereon or annexedthereto a certificate by the court of such order of probate, whichcertificate shall give the number and page of the will record whereit is recorded. If for any reason a written will is not in the custody ofthe court, or if the will is oral, the court shall find the contentsthereof, and the order admitting the will to probate shall state thecontents and a certificate shall be annexed as above provided. Everywill certified as herein provided, or the record thereof, or a dulycertified transcript of the record, may be read in evidence in all thecourts within this state without further proof.
(Formerly: Acts 1953, c.112, s.714.)
IC 29-1-7-15
Repealed
(Repealed by Acts 1973, P.L.289, SEC.4.)
IC 29-1-7-15.1
Determination of intestacy; presentation of will for probate; timelimits; sale of property
Sec. 15.1. (a) When it has been determined that a decedent diedintestate and letters of administration have been issued upon thedecedent's estate, no will shall be probated unless it is presented forprobate before the court decrees final distribution of the estate.
(b) No real estate situate in Indiana of which any person may dieseized shall be sold by the executor or administrator of the deceasedperson's estate to pay any debt or obligation of the deceased person,which is not a lien of record in the county in which the real estate issituate, or to pay any costs of administration of any decedent's estate,unless letters testamentary or of administration upon the decedent'sestate are taken out within five (5) months after the decedent's death.
(c) The title of any real estate or interest therein purchased ingood faith and for a valuable consideration from the heirs of anyperson who died seized of the real estate shall not be affected orimpaired by any devise made by the person of the real estate sopurchased, unless:
(1) the will containing the devise has been probated andrecorded in the office of the clerk of the court havingjurisdiction within five (5) months after the death of thetestator; or
(2) an action to contest the will's validity is commenced withinthe time provided by law and, as a result, the will is ultimatelyprobated.
(d) The will of the decedent shall not be admitted to probateunless the will is presented for probate before the latest of thefollowing dates:
(1) Three (3) years after the individual's death.
(2) Sixty (60) days after the entry of an order denying theprobate of a will of the decedent previously offered for probateand objected to under section 16 of this chapter. (3) Sixty (60) days after entry of an order revoking probate ofa will of the decedent previously admitted to probate andcontested under section 17 of this chapter.
However, in the case of an individual presumed dead underIC 29-2-5-1, the three (3) year period commences with the date theindividual's death has been established by appropriate legal action.
(Formerly: Acts 1973, P.L.289, SEC.1; Acts 1975, P.L.288, SEC.8.)As amended by P.L.263-1989, SEC.1; P.L.238-2005, SEC.11;P.L.95-2007, SEC.5.
IC 29-1-7-16
Objections to probate
Sec. 16. Prior to the admission of a will to probate, writtenobjections to its probate alleging that such objections are not madefor vexation or delay may be filed in the court having jurisdictionover the probate of the will by any interested person. No notice of thefiling of such objection need be given. The clerk shall note suchfiling of an objection in the estate docket and copy such objectionsin the will record. If such will is thereafter offered for probate, itshall be impounded by the clerk, copied in the will record, and itsprobate continued for thirty (30) days. If an action to resist theprobate of such will is not commenced within thirty (30) days, suchwill may be admitted to probate without notice.
(Formerly: Acts 1953, c.112, s.716.) As amended by Acts 1982,P.L.171, SEC.21; P.L.154-1990, SEC.4.
IC 29-1-7-17
Contest of wills; requisites; grounds
Sec. 17. Any interested person may contest the validity of any willin the court having jurisdiction over the probate of the will withinthree (3) months after the date of the order admitting the will toprobate by filing in the court the person's allegations in writingverified by affidavit, setting forth:
(1) the unsoundness of mind of the testator;
(2) the undue execution of the will;
(3) that the will was executed under duress or was obtained byfraud; or
(4) any other valid objection to the will's validity or the probateof the will.
The executor and all other persons beneficially interested in the willshall be made defendants to the action.
(Formerly: Acts 1953, c.112, s.717; Acts 1975, P.L.288, SEC.9.) Asamended by P.L.172-1986, SEC.1; P.L.284-1987, SEC.1;P.L.94-1989, SEC.2; P.L.154-1990, SEC.5; P.L.252-2001, SEC.14.
IC 29-1-7-18
Contest of wills; notice
Sec. 18. When an action is brought to contest the validity of anywill as provided in this article, notice is served upon the defendantsin the same manner as required by the Indiana Rules of Trial
Procedure.
(Formerly: Acts 1953, c.112, s.718.) As amended by Acts 1982,P.L.171, SEC.22; P.L.118-1997, SEC.13.
IC 29-1-7-19
Contest of wills; bond of plaintiff
Sec. 19. At the time of filing a verified complaint under section 17of this chapter, the plaintiff in the action, or some other person on theplaintiff's behalf, shall file a bond with sufficient sureties in anamount approved by the court, conditioned for the due prosecutionof the proceedings and for the payment of all costs if in theproceedings judgment is rendered against the plaintiff.
(Formerly: Acts 1953, c.112, s.719.) As amended by Acts 1982,P.L.171, SEC.23; P.L.118-1997, SEC.14.
IC 29-1-7-20
Contest of wills; burden of proof
Sec. 20. In a suit:
(1) objecting to the probate of a will under section 16 of thischapter; or
(2) testing the validity of a will after probate under section 17of this chapter, the burden of proof is upon the contestor.
(Formerly: Acts 1953, c.112, s.720.) As amended by Acts 1982,P.L.171, SEC.24; P.L.94-1989, SEC.3.
IC 29-1-7-21
Contest of wills; burden of proof
Sec. 21. If such determination be against the validity of such willor the competency of the proof, the court shall refuse or revoke theprobate thereof; but if it be in favor of the validity and due executionof such will, probate thereof shall be admitted or ratified.
(Formerly: Acts 1953, c.112, s.721.)
IC 29-1-7-22
Revocation of probate
Sec. 22. Whenever the probate of any will shall be revoked asherein provided, the clerk of the proper court shall record suchrevocation in the record of wills and probate thereof and attest thesame.
(Formerly: Acts 1953, c.112, s.722.)
IC 29-1-7-23
Real and personal property; devolution; charges against
Sec. 23. When a person dies, his real and personal property,passes to persons to whom it is devised by his last will, or, in theabsence of such disposition, to the persons who succeed to his estateas his heirs; but it shall be subject to the possession of the personalrepresentative and to the election of the surviving spouse and shallbe chargeable with the expenses of administering the estate, thepayment of other claims and the allowance is under IC 29-1-4-1,
except as otherwise provided in IC 29-1.
(Formerly: Acts 1953, c.112, s.723.) As amended by Acts 1976,P.L.125, SEC.2; Acts 1979, P.L.268, SEC.3.
IC 29-1-7-24
Probate of will; necessity to prove title to property
Sec. 24. Except as provided in IC 1971, 29-1-8-1, 2, and 3, andIC 1971, 29-1-13-2, no will is effective for the purpose of provingtitle to, or the right to the possession of, any real or personal propertydisposed of by the will, until it has been admitted to probate.
(Formerly: Acts 1953, c.112, s.724; Acts 1975, P.L.288, SEC.10.)
IC 29-1-7-25
Foreign wills; receipt and recording authorized
Sec. 25. Any will that has been proved or allowed in any otherstate or in any foreign country, according to the laws of that state orcountry, may be received and recorded in this state within three (3)years after the decedent's death in the manner and for the purposestated in sections 26 and 27 of this chapter.
(Formerly: Acts 1953, c.112, s.725.) As amended by Acts 1982,P.L.171, SEC.25; P.L.274-1983, SEC.1.
IC 29-1-7-26
Foreign wills; certification
Sec. 26. Such will shall be duly certified under the seal of thecourt or officer taking such proof; or a copy of such will and theprobate thereof shall be duly certified under the seal of his court oroffice by the clerk, prothonotary or surrogate who has the custody orprobate thereof, and such certificate shall be attested and certified tobe authentic and by the proper officer, by the presiding or sole judgeof the court, by whose clerk or prothonotary such certificate shallhave been made; or if such will was admitted to probate before anyofficer being his own clerk, his certificate of such will or record shallbe attested and certified to be authentic, and by the proper officer, bythe presiding or sole judge, chancellor or vice-chancellor of the courthaving supervision of the acts of such officer.
(Formerly: Acts 1953, c.112, s.726.)
IC 29-1-7-27
Foreign wills; filing and recording
Sec. 27. Such will or copy, and the probate thereof, may beproduced by any person interested therein to the court of the countyhaving jurisdiction in which there is any estate on which the will mayoperate; and if said court shall be satisfied that the instrument oughtto be allowed as the last will of the deceased, such court shall orderthe same to be filed and recorded by the clerk; and, thereupon, suchwill shall have the same effect as if it had been originally admittedto probate and recorded in this state.
(Formerly: Acts 1953, c.112, s.727.)
IC 29-1-7-28
Executed in Indiana; allowed in foreign state or country
Sec. 28. No will executed in this state and proved or allowed inany other state or country, shall be admitted to probate within thisstate unless executed according to the laws of this state.
(Formerly: Acts 1953, c.112, s.728.)
IC 29-1-7-29
Foreign wills; contest
Sec. 29. In all cases of foreign wills and testaments heretoforeadmitted or hereafter to be admitted to probate, or which have beenor may be offered for record and filing in any county of this state,any person interested in the estate of the testator may contest suchwill or testament within the time, in the manner, and for any or allthe causes prescribed by the laws of Indiana in cases of the contestof domestic wills.
(Formerly: Acts 1953, c.112, s.729.)