CHAPTER 8. DISPENSING WITH ADMINISTRATION

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 andupon 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 instrumentevidencing a debt, an obligation, a stock, or a chose in actionbelonging to the decedent;
shall make payment of the indebtedness or deliver the personalproperty or the instrument evidencing a debt, an obligation, a stock,or a chose in action to a person claiming to be entitled to payment ordelivery of property of the decedent.
    (b) The affidavit required by subsection (a) must be an affidavitmade 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 thousanddollars ($50,000).
        (2) That forty-five (45) days have elapsed since the death of thedecedent.
        (3) That no application or petition for the appointment of apersonal representative is pending or has been granted in anyjurisdiction.
        (4) The name and address of each other person that is entitledto a share of the property and the part of the property to whicheach person is entitled.
        (5) That the claimant has notified each person identified in theaffidavit of the claimant's intention to present an affidavit underthis section.
        (6) That the claimant is entitled to payment or delivery of theproperty 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 ofthe certificate of title to the motor vehicle if five (5) days haveelapsed since the death of the decedent and no appointment of apersonal representative is contemplated. A transfer under thissubsection shall be made by the bureau of motor vehicles uponreceipt of an affidavit containing a statement of the conditionsrequired by subsection (b)(1) and (b)(6). The affidavit must be dulyexecuted by the distributees of the estate.
    (d) A transfer agent of a security shall change the registeredownership on the books of a corporation from the decedent to aclaimant upon the presentation of an affidavit as provided insubsection (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 personindebted to the decedent.
    (f) For purposes of subsection (a), property in a safe deposit boxrented by a decedent from a financial institution organized orreorganized under the law of any state (as defined in IC 28-2-17-19)or the United States is considered personal property belonging to thedecedent 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 Acts1977, 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 ofaffidavit; 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 decedentfrom a financial institution organized or reorganized under thelaw of any state (as defined in IC 28-2-17-19) or the UnitedStates.
    (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 incomeinvestments, mutual funds, cash, money market accounts, orstocks;
        belonging to the decedent;
shall furnish the date of death value of the indebtedness or propertyand the names of the known beneficiaries of property described inthis subsection to a person who presents an affidavit containing theinformation required by subsection (c).
    (c) An affidavit presented under subsection (b) must state:
        (1) the name, address, Social Security number, and date ofdeath of the decedent;
        (2) the name and address of the affiant, and the relationship ofthe affiant to the decedent;
        (3) that the disclosure of the date of death value is necessary todetermine whether the decedent's estate can be administeredunder the summary procedures set forth in this chapter; and
        (4) that the affiant is answerable and accountable for theinformation received to the decedent's personal representative,

if any, or to any other person having a superior right to theproperty or indebtedness.
    (d) A person presented with an affidavit under subsection (b) mustprovide the requested information within three (3) business daysafter being presented with the affidavit.
    (e) A person who acts in good faith reliance on an affidavitpresented under subsection (b) is immune from liability for thedisclosure 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 personpresented with an affidavit under subsection (b) to accept theauthority of the affiant or in an action for damages arising from aperson's refusal to provide the information requested in an affidavitpresented 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 datethe 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 issuingpersonal property or the evidence thereof pursuant to affidavit isdischarged and released to the same extent as if he dealt with apersonal representative of the decedent. He is not required to see tothe application of the personal property or evidence thereof or toinquire into the truth of any statement in the affidavit. If any personto whom an affidavit is delivered refuses to pay, deliver, transfer, orissue any personal property or evidence thereof, it may be recoveredor its payment, delivery, transfer, or issuance compelled upon proofof their right in a proceeding brought for the purpose by or on behalfof the persons entitled thereto. Any person to whom payment,delivery, transfer or issuance is made is answerable and accountabletherefor to any personal representative of the estate or to any otherperson 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 probateestate, 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 immediatelydisburse and distribute the estate to the persons entitled to it and filea 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 thecounty in which the real property is located. The affidavit mustcontain the following:
        (1) The legal description of the real property.
        (2) The following statement: "It appears that the decedent'sgross probate estate, less liens and encumbrances, does notexceed the sum of the following: fifty thousand dollars($50,000), the costs and expenses of administration, andreasonable funeral expenses.".
        (3) The name of each person entitled to at least a part interest inthe real property as a result of a decedent's death, the share towhich each person is entitled, and whether the share is a dividedor undivided interest.
        (4) A statement which explains how each person's share hasbeen 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 forestates being administered by supervised personal representatives, apersonal representative or a person acting on behalf of thedistributees may close an estate administered under the summaryprocedures of section 3 of this chapter by filing with the court, at anytime after disbursement and distribution of the estate, a verifiedstatement stating that:
        (1) to the best knowledge of the personal representative orperson acting on behalf of the distributees the value of the grossprobate estate, less liens and encumbrances, did not exceed thesum 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 thedistributees has fully administered the estate by disbursing anddistributing it to the persons entitled to it; and
        (3) the personal representative or person acting on behalf of thedistributees has sent a copy of the closing statement to alldistributees of the estate and to all creditors or other claimantsof whom the personal representative or person acting on behalfof the distributees is aware and has furnished a full account inwriting of the administration to the distributees whose interestsare affected.    (b) If no actions, claims, objections, or proceedings involving thepersonal representative or person acting on behalf of the distributeesare filed in the court within three (3) months after the closingstatement is filed, the appointment of the personal representative orthe duties of the person acting on behalf of the distributees terminate.
    (c) A closing statement filed under this section has the same effectas one (1) filed under IC 29-1-7.5-4.
    (d) A copy of any affidavit recorded under section 3(b) of thischapter must be attached to the closing statement filed under thissection.
(Formerly: Acts 1953, c.112, s.804; Acts 1971, P.L.406, SEC.3; Acts1975, 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 ordelivery of the property belonging to the decedent may present to thecourt having jurisdiction over the decedent's estate an affidavitcontaining a statement of the conditions required under section (1)(b)of this chapter. Upon receipt of the affidavit, the court may, withoutnotice and hearing, enter an order that the claimant is entitled topayment 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 personalrepresentative, 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 1to 6 inclusive, the personal representative upon order of the courtshall pay the same in the order provided and thereafter present hisaccount 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 personalrepresentative 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 theapplication by any person, association or corporation of all or anyportion of any obligation owed to a decedent's estate and designed,intended or created for the purpose of paying the funeral expenses orexpenses of the last illness of the deceased from directly applying theproceeds of such obligation for such purpose. The payment of suchexpenses by the obligor or person holding such funds shall be acomplete defense to the extent of such payment to the demand of anyperson 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.