IC 29-2
    ARTICLE 2. MISCELLANEOUS PROVISIONS

IC 29-2-1
    Chapter 1. Jurisdiction in Probate Matters and Probate of ForeignWills

IC 29-2-1-1
Definitions
    Sec. 1. As used in this chapter:
    (1) "local administration" means administration by a personalrepresentative appointed in this state pursuant to appointmentproceedings described in article 1 of this title.
    (2) "local personal representative" includes any personalrepresentative appointed in this state pursuant to appointmentproceedings described in article 1 of this title and excludes foreignpersonal representatives who acquire the power of a local personalrepresentative under section 6.
    (3) "resident creditor" means a person domiciled in, or doingbusiness in this state, who is, or could be, a claimant against an estateof a non-resident decedent.
    (4) "non-resident decedent" means a decedent not domiciled inIndiana at his death.
    (5) "foreign personal representative" means a personalrepresentative appointed in a jurisdiction other than Indiana toadminister a non-resident decedenths estate.
    (6) "domiciliary foreign personal representative" means a foreignpersonal representative appointed in the jurisdiction where thedecedent was domiciled at the time of his death.
(Formerly: Acts 1881(ss), c.45, s.1; Acts 1975, P.L.288, SEC.39.)

IC 29-2-1-2
Indebtedness to non-resident decedent; payments to domiciliaryforeign personal representative
    Sec. 2. At any time after the expiration of forty-five (45) daysfrom the death of a non-resident decedent, any person indebted to theestate of the non-resident deceden or having possession or control ofpersonal property, or of an instrument evidencing a debt, obligation,sotck or chose in action belonging to the estate of the non-residentdecedent may pay the debt, deliver the personal property, or theinstrument evidencing the debt, obligation, stock or chose in action,to the domiciliary foreign personal representative of the non-residentdecedent upon being presented with proof of his appointment and anaffidavit made by or on behalf of the representative stating:
    (1) the date of the death of the non-resident decedent;
    (2) that no local administration, or application or petition therefor,is pending in this state; and
    (3) that the domiciliary foreign personal representative is entitledto payment or delivery.
(Formerly: Acts 1881(ss), c.45, s.15; Acts 1975, P.L.288, SEC.40.)
IC 29-2-1-3
Payments to domiciliary foreign personal representative; releaseof debtor
    Sec. 3. Payment or delivery made in good faith on the basis of theproof of authority and affidavit releases the debtor or person havingpossession of the personal property to the same extent as if paymentor delivery had been made to a local personal representative.
(Formerly: Acts 1881(ss), c.45, s.72; Acts 1975, P.L.288, SEC.41.)

IC 29-2-1-4
Payments to domiciliary foreign personal representative; notice byresident creditor to debtor as bar
    Sec. 4. Payment of delivery under section 2 of this chapter maynot be made if a resident creditor of the non-resident decedent hasnotified the debtor of the non-resident decedent or the person havingpossession of the personal property belonging to the non-residentdecedent that the debt should not be paid nor the property deliveredto the domiciliary foreign personal representative.
(Formerly: Acts 1881(ss), c.45, s.73; Acts 1975, P.L.288, SEC.42.)

IC 29-2-1-5
Domiciliary foreign personal representative; filing copies ofappointment and bond
    Sec. 5. If no local administration or application or petitiontherefor is pending in this state, a domiciliary foreign personalrepresentative may file with a court in this state in a county in whichproperty belonging to the decedent is located, authenticated copiesof his appointment and of any official bond he has given.
(Formerly: Acts 1881(ss), c.45, s.74; Acts 1975, P.L.288, SEC.43.)

IC 29-2-1-6
Domiciliary foreign personal representative; powers
    Sec. 6. A domiciliary foreign personal representative who hascomplied with section 5 may exercise as to assets in this state allpowers of a local personal representative and may maintain actionsand proceedings in this state subject to any conditions imposed uponnon-resident parties generally.
(Formerly: Acts 1881(ss), c.45, s.138; Acts 1959, c.246, s.1; Acts1971, P.L.414, SEC.1; Acts 1975, P.L.288, SEC.44.)

IC 29-2-1-7
Domiciliary foreign personal representative; limitation of powersby local personal representative
    Sec. 7. The powers of a domiciliary foreign personalrepresentative under section 2 or 6 of this chapter shall be exercisedonly if there is no administration or application therefor pending inthis state. An application or petition for local administration of theestate terminates the power of the foreign personal representative toact under section 6 of this chapter, but the local court may allow theforeign personal representative to exercise limited powers to preserve

the estate. No person who, before receiving actual notice of apending local administration, has changed his position in relianceupon the powers of a foreign personal representative shall beprejudiced by reason of the application or petition for, or grant of,local administration. The local personal representative is subject toall duties and obligations which have accrued by virtue of theexercise of the powers by the foreign personal representative andmay be substituted for him in any action or proceedings in the state.
(Formerly: Acts 1881(ss), c.45, s.139; Acts 1971, P.L.414, SEC.2;Acts 1975, P.L.288, SEC.45.)

IC 29-2-1-8
Non-resident decedents; proceedings; application of law
    Sec. 8. In respect to a non-resident decedent, the provisions ofarticle 1 of this title govern (a) proceedings, if any, in a court of thisstate for probate of the will, appointment, removal, supervision, anddischarge of the local personal representative, and any other orderconcerning the estate; and (b) the status, powers, duties and liabilitiesof any local personal representative and the rights of claimants,purchasers, distributees and others in regard to a local administration.
(Formerly: Acts 1881(ss), c.45, s.140; Acts 1971, P.L.414, SEC.3;Acts 1975, P.L.288, SEC.46.)

IC 29-2-1-9
Foreign personal representative; submission to jurisdiction of statecourt
    Sec. 9. A foreign personal representative submits himself to thejurisdiction of the courts of this state by (a) filing authenticatedcopies of his appointment as provided in section 5 of this chapter, (b)receiving payment of money or taking delivery of personal propertyunder section 2 of this chapter, or (c) doing any act as a personalrepresentative in this state which would have given the statejurisdiction over him as an individual. Jurisdiction under (b) islimited to the money or value of personal property collected.
(Formerly: Acts 1975, P.L.288, SEC.47.)

IC 29-2-1-10
Foreign personal representative; subjection to decedentjurisdiction
    Sec. 10. In addition to jurisdiction conferred by section 9 of thischapter, a foreign personal representative is subject to thejurisdiction of the courts of this state to the same extent that hisdecedent was subject to jurisdiction immediately prior to death.
(Formerly: Acts 1975, P.L.288, SEC.48.)

IC 29-2-1-11
Service of process on foreign personal representative
    Sec. 11. (a) Service of process may be made upon the foreignpersonal representative by registered or certified mail, addressed tohis last reasonably ascertainable address, requesting a return receipt

signed by addressee only. Notice by ordinary first class mail issufficient if registered or certified mail service to the addressee isunavailable. Service may be made upon a foreign personalrepresentative in the manner in which service could have been madeunder other laws of this state on either the foreign personalrepresentative or his decedent immediately prior to death.
    (b) If service is made upon a foreign personal representative asprovided in subsection (a) of this section, he shall be allowed at leastthirty (30) days within which to appear or respond.
(Formerly: Acts 1975, P.L.288, SEC.49.)

IC 29-2-1-12
Adjudications binding on personal representative
    Sec. 12. An adjudication rendered in any jurisdiction in favor ofor against any personal representative of the estate is as binding onthe local personal representative as if he were a party to theadjudication.
(Formerly: Acts 1975, P.L.288, SEC.50.)