IC 29-1-9
    Chapter 9. Adjudicated Compromise of Controversies

IC 29-1-9-1
Persons represented; creditors; taxing authorities
    Sec. 1. The compromise of any contest or controversy as to:
        (a) admission to probate of any instrument offered as the lastwill of any decedent,
        (b) the construction, validity or effect of any such instrument,
        (c) the rights or interests in the estate of the decedent of anyperson, whether claiming under a will or as heir,
        (d) the rights or interests of any beneficiary of any testamentarytrust, or
        (e) the administration of the estate of any decedent or of anytestamentary trust,
whether or not there is or may be any person interested who is aminor or otherwise without legal capacity to act in person or whosepresent existence or whereabouts cannot be ascertained, or whetheror not there is any inalienable estate or future contingent interestwhich may be affected by such compromise, shall, if made inaccordance with the provisions of this article, be lawful and bindingupon all the parties thereto, whether born or unborn, ascertained orunascertained, including such as are represented by trustees,guardians of estates and guardians ad litem; but no such compromiseshall in any way impair the rights of creditors or of taxingauthorities.
(Formerly: Acts 1953, c.112, s.901.) As amended by Acts 1982,P.L.171, SEC.27.

IC 29-1-9-2
Terms of agreement; execution; guardian ad litem
    Sec. 2. (a) The terms of the compromise shall be set forth in anagreement in writing which shall be executed by all competentpersons having interests or claims which will or may be affected bythe compromise, except those who may be living but whose presentexistence or whereabouts is unknown and cannot after diligent searchbe ascertained.
    (b) Any interested person may then submit the agreement to thecourt for its approval and for the purpose of directing the agreement'sexecution by the personal representative of the estate, by the trusteesof every testamentary trust which will be affected by thecompromise, and by the guardians of the estates of minors, ofincapacitated persons, of unborn and unascertained persons, and ofpersons whose present existence or whereabouts is unknown andcannot after diligent search be ascertained, who might be affected bythe compromise.
    (c) IC 29-1-1-20 applies if there is any person who, if living, hasan interest which may be affected by the compromise, but whosepresent existence or whereabouts cannot after diligent search beascertained, or who is a minor or incapacitated and has no guardian

of the estate, or if there is any future contingent interest which mightbe taken by any person not then in being and which might be affectedby the compromise.
(Formerly: Acts 1953, c.112, s.902.) As amended by P.L.33-1989,SEC.38; P.L.118-1997, SEC.18.

IC 29-1-9-3
Notice; order approving agreement
    Sec. 3. Upon due notice, in the manner directed by the court, to allinterested persons in being, or to their guardians, and to theguardians of all unborn persons who may take contingent interests bythe compromise, and to the personal representative of the estate andto all trustees of testamentary trusts which would be affected by thecompromise, the court shall, if it finds that the contest or controversyis in good faith and that the effect of the agreement upon the interestsof persons represented by fiduciaries is just and reasonable, make anorder approving the agreement and directing the fiduciaries andguardians ad litem to execute such agreement. Upon the making ofsuch order and the execution of the agreement, all further dispositionof the estate shall be in accordance with the terms of the agreement.
(Formerly: Acts 1953, c.112, s.903.)