CHAPTER 6. PROCEDURE
IC 30-4-6
Chapter 6. Procedure
IC 30-4-6-1
Jurisdiction
Sec. 1. (Jurisdiction)
Jurisdiction in this state for all matters arising under this articleshall be with the court exercising probate jurisdiction.
(Formerly: Acts 1971, P.L.416, SEC.7.)
IC 30-4-6-2
Continuing jurisdiction
Sec. 2. (Continuing Jurisdiction)
The court will have continuing jurisdiction to supervise theadministration of the trust only if the settlor expressly directs in theterms of the trust that the court is to have that jurisdiction.
(Formerly: Acts 1971, P.L.416, SEC.7.)
IC 30-4-6-3
Venue; transfer of trust's principal place of administration; notice;objection to transfer
Sec. 3. (a) Venue in a proceeding brought by the attorney generalagainst a trustee or a trust lies in Marion County, unless a courtdetermines that venue in Marion County would be a hardship for atrustee or a trust.
(b) Unless the terms of the trust provide otherwise, venue in aproceeding brought by a party other than the attorney general formatters arising under this article shall be exclusively in the county inwhich the principal place of administration of the trust is located.The principal place of administration of a trust is that usual place atwhich the records pertaining to the trust are kept or, if there is nosuch place, the trustee's residence. If there are cotrustees, theprincipal place of administration is either that of the corporatetrustee, if there is only one (1); that of the individual trustee who hascustody of the records, if there is but one (1) such person and thereis no corporate cotrustee; or, if neither of these alternatives apply,that of any of the cotrustees.
(c) Unless the trust provides otherwise, a trustee is under acontinuing duty to administer the trust at a place appropriate to thetrust's purposes and administration.
(d) Unless the trust provides otherwise, and without precludingthe right of the court to order, approve, or disapprove a transfer, thetrustee, in furtherance of a duty prescribed by subsection (b), maytransfer the trust's principal place of administration to another stateor to a jurisdiction outside the United States.
(e) The trustee shall notify the qualified beneficiaries of aproposed transfer of a trust's principal place of administration notless than sixty (60) days before initiating the transfer. The notice ofproposed transfer must include the following information:
(1) The name of the jurisdiction to which the principal place of
administration is to be transferred.
(2) The address and telephone number of the new location atwhich the trustee can be contacted.
(3) An explanation of the reasons for the proposed transfer.
(4) The date on which the proposed transfer is anticipated tooccur.
(5) The date, not less than sixty (60) days after the giving ofnotice, by which the qualified beneficiary must notify thetrustee of an objection to the proposed transfer.
(f) The authority of a trustee under this section to transfer a trust'sprincipal place of administration terminates if a qualified beneficiarynotifies the trustee of an objection to the proposed transfer on orbefore the date specified in the notice.
(g) In connection with a transfer of the trust's principal place ofadministration, the trustee may transfer some or all of the trustproperty to a successor trustee designated in the terms of the trust orappointed under IC 30-4-3-33.
(h) If the principal place of administration is maintained inanother state, venue in this state for any matters arising under thisarticle shall be in the county stipulated in writing by the parties to thetrust or, if there is no such stipulation, in the county where the trustproperty, or the evidence of the trust property, which is the subjectof the action is either situated or generally located.
(i) Any party to an action or proceeding shall be entitled to achange of venue or change of judge as provided in the Indiana Rulesof Procedure. A change of venue in any action shall not be construedto authorize a permanent change of venue for all matters arisingunder this article, and, upon conclusion of the action, venue shallreturn to the court where the action was initiated.
(Formerly: Acts 1971, P.L.416, SEC.7.) As amended byP.L.238-2005, SEC.43; P.L.245-2005, SEC.9; P.L.1-2006, SEC.494.
IC 30-4-6-4
Docketing of trusts in general
Sec. 4. Except as provided in section 7 of this chapter andIC 30-4-7, unless the terms of the trust expressly direct that the courtis to have continuing jurisdiction over the administration of the trust:
(1) a trustee need not docket a trust in the records of the courtnor may the court require a trust to be docketed; and
(2) with respect to a decedent's estate docketed for the purposeof probate or administration, which either establishes a trust ormakes a devise to another trust, the court shall have nocontinuing jurisdiction over the administration of the trust afterany distribution from the estate is paid or delivered to thetrustee.
(Formerly: Acts 1971, P.L.416, SEC.7.) As amended byP.L.200-1991, SEC.5.
IC 30-4-6-5
Pleadings Sec. 5. (Pleadings)
Any proceedings under this article may be initiated on either apetition or complaint and upon notice as provided in 30-4-6-6.
(Formerly: Acts 1971, P.L.416, SEC.7.)
IC 30-4-6-6
Notice
Sec. 6. (Notice)
(a) Notice must be given to any person or his personalrepresentative who is named as a party in a petition or complaint,whose rights may be affected or upon whom a liability might beimposed by any proceeding; to the Attorney General if the trust is fora benevolent public purpose; and to any other person whom the courtmay order to be given notice.
(b) The form of notice required shall be in the form of a summonsas provided for in the Indiana Rules of Procedure or in such otherform as may be ordered or approved by the court.
(c) The manner of service of a notice shall be the same as thatprovided in the Indiana Rules of Procedure for service of summonsor such other manner as may be ordered or approved by the court.
(d) Any person who is a nonresident of this state or whose addressis unknown may be served by publication according to the IndianaRules of Procedure. All persons served by publication whose namesand addresses are known or can by reasonable diligence beascertained by the party seeking service shall, in addition to suchpublished notice, be served by registered or certified mail or otherpublic means by which a return receipt may be requested.
(e) The court shall give notice in any case in which it acts on itsown motion.
(f) Any person not under a legal disability or a personalrepresentative may waive in writing notice of the proceeding.
(g) An order of the court is binding as to all persons who are givennotice of the proceeding, even though less than all interested personsreceive notice.
(Formerly: Acts 1971, P.L.416, SEC.7.)
IC 30-4-6-7
Docketing as part of proceeding
Sec. 7. (Docketing as Part of Proceeding)
(a) If it is necessary to the determination of any issue of law orfact in a proceeding, the court may direct that a copy of the trustinstrument, if any, be kept in its records.
(b) The filing of the trust instrument under subsection (a) of thissection shall not result in continuing supervisory jurisdiction by thecourt. Upon conclusion of the proceeding, the trust instrument shallbe removed from the court's records.
(Formerly: Acts 1971, P.L.416, SEC.7.)
IC 30-4-6-8
Bonding Sec. 8. (a) Unless the terms of the trust provide otherwise, thetrustee need not provide a bond to secure the trustee's performanceas trustee.
(b) If the trust is subject to continuing supervisory jurisdiction bythe court, the court may, on its own motion, direct the trustee toprovide a bond to secure performance of the trustee's duties.
(c) Upon petition by an interested party, the court may direct thetrustee to provide a bond to secure the trustee's performance, if thecourt deems it reasonably necessary to protect the interest of anybeneficiary.
(d) Unless the terms of the trust provide otherwise, the court may,in its discretion, direct a trustee appointed by the court underIC 30-4-3-33 to file a bond to secure the performance of the trustee'sduties.
(e) In any case in which bond is required, unless otherwisespecified, the court shall determine the amount, term and surety ofthe bond to be provided. The court may also excuse a requirement ofbond, reduce or increase the amount of the bond, release the surety,or permit substitution of another bond with the same or differentsureties.
(Formerly: Acts 1971, P.L.416, SEC.7.) As amended byP.L.238-2005, SEC.44.
IC 30-4-6-9
Suit on bond
Sec. 9. (Suit on Bond)
(a) The court may, on breach of the obligation of the bond of thetrustee, after notice to the obligors on the bond and to such otherpersons as the court directs, determine the damages, and byappropriate proceeding enforce the collection thereof from thoseliable on the bond. Such determination and enforcement may bemade by the court upon its own motion or upon application of asuccessor trustee, or of any other interested person. Damages may beassessed on behalf of all interested persons and may be paid over tothe successor or other non-defaulting trustee or any other person thecourt may direct.
(b) The bond of the trustee shall not be void upon the firstrecovery, but may be proceeded upon from time to time until thewhole penalty is exhausted.
(c) If the court has already determined the liability of the trustee,the sureties shall not be permitted thereafter to deny such liability inany action or hearing to determine their liability; but the surety mayintervene in any hearing to determine the liability of the trustee.
(Formerly: Acts 1971, P.L.416, SEC.7.)
IC 30-4-6-10
Representation by class or similar interest
Sec. 10. (Representation by Class or Similar Interest)
Any adjudication involving the interests of persons represented bya personal representative shall be lawful and binding upon all
interested persons, whether born or unborn, whether notified or notnotified, and whether represented or not, provided, those interestedpersons are of the same class or have interests similar to thepredominant interests of any person so notified or represented.
(Formerly: Acts 1971, P.L.416, SEC.7.)
IC 30-4-6-10.5
Persons who represent interests of and bind other persons
Sec. 10.5. (a) Except as provided in the terms of a trust, and to theextent there is not a conflict of interest between the representativeand the person represented or among those being represented:
(1) a guardian may represent and bind the protected person whois subject to the guardianship;
(2) an attorney in fact who has authority to act with respect tothe particular question or dispute may represent and bind theprincipal;
(3) a trustee may represent and bind the beneficiaries of thetrust;
(4) a personal representative of a decedent's estate mayrepresent and bind persons interested in the estate; and
(5) a parent may represent and bind the parent's minor, unborn,or not yet adopted child if a guardian for the child has not beenappointed;
with regard to a particular question or dispute.
(b) The holder of a general power of appointment, including ageneral testamentary power of appointment, may represent and bindpersons whose interests are subject to the power of appointment,including:
(1) permissible appointees; and
(2) takers in default.
(c) Unless otherwise represented:
(1) a minor;
(2) an incapacitated person;
(3) an unborn or a not yet adopted child; or
(4) a person whose identity or location is unknown and notreasonably ascertainable;
may be represented by and bound by another person who has asubstantially identical interest with respect to the particular questionor dispute but only to the extent there is not a conflict of interestbetween the representative and the person represented.
(d) If the court determines that an interest is not represented underthis section or that the otherwise available representation might beinadequate, the court may appoint a guardian ad litem to receivenotice, give consent, and otherwise represent, bind, and act on behalfof:
(1) a minor;
(2) an incapacitated person;
(3) an unborn child; or
(4) a person whose identity or location is unknown.
If not precluded by conflict of interest, a guardian ad litem may be
appointed to represent several persons or interests. A guardian adlitem may act on behalf of the person represented with respect to anymatter arising under this title, regardless of whether a judicialproceeding concerning the trust is pending. In making decisions, aguardian ad litem may consider general benefits accruing to theliving members of the family of the persons represented.
(e) Notice to a person who may represent and bind another personunder this section has the same effect as if notice were given directlyto the other person.
(f) The consent of a person who may represent and bind anotherperson under this section is binding on the person represented unlessthe person represented objects to the representation before theconsent would have become effective.
As added by P.L.238-2005, SEC.45.
IC 30-4-6-11
Appeals
Sec. 11. (Appeals)
(a) Any person considering himself aggrieved by any decision ofa court having jurisdiction in proceedings under this article mayprosecute an appeal to the court having jurisdiction of such anappeal. That appeal shall be taken as appeals are taken in civilcauses.
(b) In an appeal, the trustee will be entitled to a stay ofproceedings without bond.
(Formerly: Acts 1971, P.L.416, SEC.7.)
IC 30-4-6-12
Statute of limitations
Sec. 12. Unless previously barred by adjudication, consent orlimitation, any right against a trustee for breach of trust shall bebarred as to any beneficiary who has received a final account or otherstatement fully disclosing the matter and showing termination of thetrust relationship between the trustee and the beneficiary unless aproceeding to assert the right is commenced within three (3) yearsafter receipt of the final account or statement if, being an adult, it isreceived by him personally or if, being a minor or person with adisability, it is received by his personal representative. The rightsthus barred do not include the rights to recover from a trustee forfraud, misrepresentation or inadequate disclosure related to thesettlement of the trust.
(Formerly: Acts 1971, P.L.416, SEC.7.) As amended by P.L.99-2007,SEC.195.
IC 30-4-6-13
Application of rules of procedure
Sec. 13. (Application of Rules of Procedure)
Except as otherwise provided in this article, the Indiana Rules ofProcedure shall apply with respect to procedure in any matter arisingunder this article.(Formerly: Acts 1971, P.L.416, SEC.7.)
IC 30-4-6-14
Contesting validity of revocable trust; time limits
Sec. 14. (a) A person must commence a judicial proceeding tocontest the validity of a trust that was revocable at the settlor's deathwithin the earlier of the following:
(1) Ninety (90) days after the person receives from the trusteea copy of the trust certification and a notice informing theperson of:
(A) the trust's existence;
(B) the trustee's name and address; and
(C) the time allowed for commencing the proceeding.
(2) Three (3) years after the settlor's death.
(b) More than one hundred twenty (120) days after the death ofthe settlor of a trust that was revocable at the settlor's death, thetrustee may distribute the trust property in accordance with the termsof the trust. The trustee is not subject to liability for the distributionunless:
(1) the trustee knows of a pending judicial proceedingcontesting the validity of the trust; or
(2) a potential contestant notifies the trustee of a possiblejudicial proceeding to contest the trust and a judicial proceedingis commenced not later than sixty (60) days after the contestantsends the trustee the notification.
(c) A beneficiary of a trust that is determined to be invalid shallreturn any distribution received.
As added by P.L.238-2005, SEC.46.