IC 29-2-5
    Chapter 5. Administration of Estate of Intestate Absentee

IC 29-2-5-1
Five years absence; presumption of death
    Sec. 1. (a) When any resident of Indiana is absent from theindividual's usual place of residence and gone to parts unknown fora period of five (5) years, without having made any sufficientprovision for the care and management of the individual's property,real or personal, and the court having probate jurisdiction in thecounty where the individual last resided or where the property issituated determines that:
        (1) the individual's property is suffering waste for want ofproper care; or
        (2) the family of the individual is in need of the use andproceeds of the property for support or education (or that thesale of the property, or part thereof, is necessary for thepayment of the individual's debts);
it shall be presumed and taken by the court that the individual isdead. The court has jurisdiction over the estate of the individual inthe same manner and to the same extent as if the individual weredead. The court shall appoint an administrator of the individual'sestate, who shall have all of the powers and rights over the estate andbe subject to all of the liabilities and duties that appertain toadministrators of decedents' estates.
    (b) Before the court may determine that an individual should bepresumed dead, notice to the individual must be published once eachweek for three (3) consecutive weeks, with the first notice publishedmore than thirty (30) days before the hearing in a newspaper ofgeneral circulation in the county where the individual last resided orwhere the individual's property is located.
    (c) The will of an individual who is presumed dead under thissection is admissible to probate under IC 29-1 and shall be probatedas the will of a deceased individual.
(Formerly: Acts 1859, c.4, s.1; Acts 1861, c.52, s.1; Acts 1911,c.285, s.1.) As amended by P.L.263-1989, SEC.2; P.L.4-2003, SEC.6.

IC 29-2-5-2
Discharge of administrator; return of absentee
    Sec. 2. Such administrator shall not be discharged on the returnand reappearance of such person until discharged by the court, butshall retain his powers and rights and be subject to all his officialliabilities and duties until so discharged.
(Formerly: Acts 1859, c.4, s.2.)

IC 29-2-5-3
Repealed
    (Repealed by Acts 1975, P.L.289, SEC.3.)

IC 29-2-5-4 Guardians; appointment
    Sec. 4. Such court shall have power to appoint guardians of thepersons and estates of the children under eighteen (18) years of ageof such departed person, who shall have all the powers and rights,and be subject to all the duties and liabilities, in relation to suchchildren and their estates, which appertain to guardians of heirsunder eighteen (18) years of age and their estates, under IC 34-9-2.
(Formerly: Acts 1859, c.4, s.4; Acts 1973, P.L.287, SEC.13.) Asamended by P.L.1-1998, SEC.157.

IC 29-2-5-5
Distribution of estates; bond; trustee
    Sec. 5. (a) The property of such departed person, real andpersonal, and all his rights, obligations and choses in action, shall besubject to the same liabilities, incidents, rights, management anddisposal under this chapter, in all respects, as if such person wereknown to be deceased; and all adjudications and acts done by suchadministrator or guardian shall be valid, effectual and binding onsuch person should he return, as if they were his own acts, the actsand doings of such administrator and guardian being in good faithand without fraud.
    (b) Before any distribution of the estate of such absentee shall bemade to the person or persons entitled to receive it, he or they shallgive security, to the approval of the proper circuit or superior courtor probate court of the county having jurisdiction thereof, in suchsum as the court shall direct, and conditioned that if the absenteeshall, in fact, be at the time alive, he or they will, respectively, refundthe amounts received by each, on demand, with interest; said bondto run and be in force for the period of three (3) years from the dateof the issuing of letters of administration by said court, and if, duringsaid period of three (3) years, the absentee shall not appear anddemand said estate, the rights of the absentee thereto shall be barred;but if the person or persons entitled to receive the same is or areunable to give the security aforesaid, then the court shall appoint atrustee, who shall give bond for the faithful performance of his dutiesin one and one-half times the amount of such money, with sufficientsureties, who shall invest said money at interest as the court maydirect, which interest is to be paid annually to the person or personsentitled to it, and the money to remain at interest until the securityaforesaid is given, and if the absentee does not appear and demandsaid money within said period of three (3) years, the court shall orderit to be paid to the person or persons entitled to it absolutely.
    (c) The provisions of this section shall apply to all pending andfuture administrations of such estates of absentees.
(Formerly: Acts 1859, c.4, s.5; Acts 1913, c.326, s.1.) As amended byActs 1982, P.L.171, SEC.70.