IC 30-4-6-1 Jurisdiction
Sec. 1. (Jurisdiction)
Jurisdiction in this state for all matters arising under this article
shall 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 the
administration of the trust only if the settlor expressly directs in the
terms 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 general
against a trustee or a trust lies in Marion County, unless a court
determines that venue in Marion County would be a hardship for a
trustee or a trust.
(b) Unless the terms of the trust provide otherwise, venue in a
proceeding brought by a party other than the attorney general for
matters arising under this article shall be exclusively in the county in
which the principal place of administration of the trust is located.
The principal place of administration of a trust is that usual place at
which the records pertaining to the trust are kept or, if there is no
such place, the trustee's residence. If there are cotrustees, the
principal place of administration is either that of the corporate
trustee, if there is only one (1); that of the individual trustee who has
custody of the records, if there is but one (1) such person and there
is 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 a
continuing duty to administer the trust at a place appropriate to the
trust's purposes and administration.
(d) Unless the trust provides otherwise, and without precluding
the right of the court to order, approve, or disapprove a transfer, the
trustee, in furtherance of a duty prescribed by subsection (b), may
transfer the trust's principal place of administration to another state
or to a jurisdiction outside the United States.
(e) The trustee shall notify the qualified beneficiaries of a
proposed transfer of a trust's principal place of administration not
less than sixty (60) days before initiating the transfer. The notice of
proposed 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 at
which 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 to
occur.
(5) The date, not less than sixty (60) days after the giving of
notice, by which the qualified beneficiary must notify the
trustee of an objection to the proposed transfer.
(f) The authority of a trustee under this section to transfer a trust's
principal place of administration terminates if a qualified beneficiary
notifies the trustee of an objection to the proposed transfer on or
before the date specified in the notice.
(g) In connection with a transfer of the trust's principal place of
administration, the trustee may transfer some or all of the trust
property to a successor trustee designated in the terms of the trust or
appointed under IC 30-4-3-33.
(h) If the principal place of administration is maintained in
another state, venue in this state for any matters arising under this
article shall be in the county stipulated in writing by the parties to the
trust or, if there is no such stipulation, in the county where the trust
property, or the evidence of the trust property, which is the subject
of the action is either situated or generally located.
(i) Any party to an action or proceeding shall be entitled to a
change of venue or change of judge as provided in the Indiana Rules
of Procedure. A change of venue in any action shall not be construed
to authorize a permanent change of venue for all matters arising
under this article, and, upon conclusion of the action, venue shall
return to the court where the action was initiated. (Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.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 and
IC 30-4-7, unless the terms of the trust expressly direct that the court
is to have continuing jurisdiction over the administration of the trust:
(1) a trustee need not docket a trust in the records of the court
nor may the court require a trust to be docketed; and
(2) with respect to a decedent's estate docketed for the purpose
of probate or administration, which either establishes a trust or
makes a devise to another trust, the court shall have no
continuing jurisdiction over the administration of the trust after
any distribution from the estate is paid or delivered to the
trustee. (Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.L.200-1991, SEC.5.
IC 30-4-6-5 Pleadings
Sec. 5. (Pleadings)
Any proceedings under this article may be initiated on either a
petition 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 personal
representative who is named as a party in a petition or complaint,
whose rights may be affected or upon whom a liability might be
imposed by any proceeding; to the Attorney General if the trust is for
a benevolent public purpose; and to any other person whom the court
may order to be given notice.
(b) The form of notice required shall be in the form of a summons
as provided for in the Indiana Rules of Procedure or in such other
form as may be ordered or approved by the court.
(c) The manner of service of a notice shall be the same as that
provided in the Indiana Rules of Procedure for service of summons
or such other manner as may be ordered or approved by the court.
(d) Any person who is a nonresident of this state or whose address
is unknown may be served by publication according to the Indiana
Rules of Procedure. All persons served by publication whose names
and addresses are known or can by reasonable diligence be
ascertained by the party seeking service shall, in addition to such
published notice, be served by registered or certified mail or other
public means by which a return receipt may be requested.
(e) The court shall give notice in any case in which it acts on its
own motion.
(f) Any person not under a legal disability or a personal
representative may waive in writing notice of the proceeding.
(g) An order of the court is binding as to all persons who are given
notice of the proceeding, even though less than all interested persons
receive 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 or
fact in a proceeding, the court may direct that a copy of the trust
instrument, if any, be kept in its records.
(b) The filing of the trust instrument under subsection (a) of this
section shall not result in continuing supervisory jurisdiction by the
court. Upon conclusion of the proceeding, the trust instrument shall
be 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, the
trustee need not provide a bond to secure the trustee's performance
as trustee.
(b) If the trust is subject to continuing supervisory jurisdiction by
the court, the court may, on its own motion, direct the trustee to
provide a bond to secure performance of the trustee's duties.
(c) Upon petition by an interested party, the court may direct the
trustee to provide a bond to secure the trustee's performance, if the
court deems it reasonably necessary to protect the interest of any
beneficiary.
(d) Unless the terms of the trust provide otherwise, the court may,
in its discretion, direct a trustee appointed by the court under
IC 30-4-3-33 to file a bond to secure the performance of the trustee's
duties.
(e) In any case in which bond is required, unless otherwise
specified, the court shall determine the amount, term and surety of
the bond to be provided. The court may also excuse a requirement of
bond, reduce or increase the amount of the bond, release the surety,
or permit substitution of another bond with the same or different
sureties. (Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.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 the
trustee, after notice to the obligors on the bond and to such other
persons as the court directs, determine the damages, and by
appropriate proceeding enforce the collection thereof from those
liable on the bond. Such determination and enforcement may be
made by the court upon its own motion or upon application of a
successor trustee, or of any other interested person. Damages may be
assessed on behalf of all interested persons and may be paid over to
the successor or other non-defaulting trustee or any other person the
court may direct.
(b) The bond of the trustee shall not be void upon the first
recovery, but may be proceeded upon from time to time until the
whole 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 in
any action or hearing to determine their liability; but the surety may
intervene 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 by
a personal representative shall be lawful and binding upon all
interested persons, whether born or unborn, whether notified or not
notified, and whether represented or not, provided, those interested
persons are of the same class or have interests similar to the
predominant 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 the
extent there is not a conflict of interest between the representative
and the person represented or among those being represented:
(1) a guardian may represent and bind the protected person who
is subject to the guardianship;
(2) an attorney in fact who has authority to act with respect to
the particular question or dispute may represent and bind the
principal;
(3) a trustee may represent and bind the beneficiaries of the
trust;
(4) a personal representative of a decedent's estate may
represent 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 been
appointed;
with regard to a particular question or dispute.
(b) The holder of a general power of appointment, including a
general testamentary power of appointment, may represent and bind
persons 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 not
reasonably ascertainable;
may be represented by and bound by another person who has a
substantially identical interest with respect to the particular question
or dispute but only to the extent there is not a conflict of interest
between the representative and the person represented.
(d) If the court determines that an interest is not represented under
this section or that the otherwise available representation might be
inadequate, the court may appoint a guardian ad litem to receive
notice, give consent, and otherwise represent, bind, and act on behalf
of:
(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 ad
litem may act on behalf of the person represented with respect to any
matter arising under this title, regardless of whether a judicial
proceeding concerning the trust is pending. In making decisions, a
guardian ad litem may consider general benefits accruing to the
living members of the family of the persons represented.
(e) Notice to a person who may represent and bind another person
under this section has the same effect as if notice were given directly
to the other person.
(f) The consent of a person who may represent and bind another
person under this section is binding on the person represented unless
the person represented objects to the representation before the
consent 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 of
a court having jurisdiction in proceedings under this article may
prosecute an appeal to the court having jurisdiction of such an
appeal. That appeal shall be taken as appeals are taken in civil
causes.
(b) In an appeal, the trustee will be entitled to a stay of
proceedings 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 or
limitation, any right against a trustee for breach of trust shall be
barred as to any beneficiary who has received a final account or other
statement fully disclosing the matter and showing termination of the
trust relationship between the trustee and the beneficiary unless a
proceeding to assert the right is commenced within three (3) years
after receipt of the final account or statement if, being an adult, it is
received by him personally or if, being a minor or person with a
disability, it is received by his personal representative. The rights
thus barred do not include the rights to recover from a trustee for
fraud, misrepresentation or inadequate disclosure related to the
settlement 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 of
Procedure shall apply with respect to procedure in any matter arising
under 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 to
contest the validity of a trust that was revocable at the settlor's death
within the earlier of the following:
(1) Ninety (90) days after the person receives from the trustee
a copy of the trust certification and a notice informing the
person 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 of
the settlor of a trust that was revocable at the settlor's death, the
trustee may distribute the trust property in accordance with the terms
of the trust. The trustee is not subject to liability for the distribution
unless:
(1) the trustee knows of a pending judicial proceeding
contesting the validity of the trust; or
(2) a potential contestant notifies the trustee of a possible
judicial proceeding to contest the trust and a judicial proceeding
is commenced not later than sixty (60) days after the contestant
sends the trustee the notification.
(c) A beneficiary of a trust that is determined to be invalid shall
return any distribution received. As added by P.L.238-2005, SEC.46.
IC 30-4-6-1 Jurisdiction
Sec. 1. (Jurisdiction)
Jurisdiction in this state for all matters arising under this article
shall 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 the
administration of the trust only if the settlor expressly directs in the
terms 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 general
against a trustee or a trust lies in Marion County, unless a court
determines that venue in Marion County would be a hardship for a
trustee or a trust.
(b) Unless the terms of the trust provide otherwise, venue in a
proceeding brought by a party other than the attorney general for
matters arising under this article shall be exclusively in the county in
which the principal place of administration of the trust is located.
The principal place of administration of a trust is that usual place at
which the records pertaining to the trust are kept or, if there is no
such place, the trustee's residence. If there are cotrustees, the
principal place of administration is either that of the corporate
trustee, if there is only one (1); that of the individual trustee who has
custody of the records, if there is but one (1) such person and there
is 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 a
continuing duty to administer the trust at a place appropriate to the
trust's purposes and administration.
(d) Unless the trust provides otherwise, and without precluding
the right of the court to order, approve, or disapprove a transfer, the
trustee, in furtherance of a duty prescribed by subsection (b), may
transfer the trust's principal place of administration to another state
or to a jurisdiction outside the United States.
(e) The trustee shall notify the qualified beneficiaries of a
proposed transfer of a trust's principal place of administration not
less than sixty (60) days before initiating the transfer. The notice of
proposed 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 at
which 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 to
occur.
(5) The date, not less than sixty (60) days after the giving of
notice, by which the qualified beneficiary must notify the
trustee of an objection to the proposed transfer.
(f) The authority of a trustee under this section to transfer a trust's
principal place of administration terminates if a qualified beneficiary
notifies the trustee of an objection to the proposed transfer on or
before the date specified in the notice.
(g) In connection with a transfer of the trust's principal place of
administration, the trustee may transfer some or all of the trust
property to a successor trustee designated in the terms of the trust or
appointed under IC 30-4-3-33.
(h) If the principal place of administration is maintained in
another state, venue in this state for any matters arising under this
article shall be in the county stipulated in writing by the parties to the
trust or, if there is no such stipulation, in the county where the trust
property, or the evidence of the trust property, which is the subject
of the action is either situated or generally located.
(i) Any party to an action or proceeding shall be entitled to a
change of venue or change of judge as provided in the Indiana Rules
of Procedure. A change of venue in any action shall not be construed
to authorize a permanent change of venue for all matters arising
under this article, and, upon conclusion of the action, venue shall
return to the court where the action was initiated. (Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.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 and
IC 30-4-7, unless the terms of the trust expressly direct that the court
is to have continuing jurisdiction over the administration of the trust:
(1) a trustee need not docket a trust in the records of the court
nor may the court require a trust to be docketed; and
(2) with respect to a decedent's estate docketed for the purpose
of probate or administration, which either establishes a trust or
makes a devise to another trust, the court shall have no
continuing jurisdiction over the administration of the trust after
any distribution from the estate is paid or delivered to the
trustee. (Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.L.200-1991, SEC.5.
IC 30-4-6-5 Pleadings
Sec. 5. (Pleadings)
Any proceedings under this article may be initiated on either a
petition 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 personal
representative who is named as a party in a petition or complaint,
whose rights may be affected or upon whom a liability might be
imposed by any proceeding; to the Attorney General if the trust is for
a benevolent public purpose; and to any other person whom the court
may order to be given notice.
(b) The form of notice required shall be in the form of a summons
as provided for in the Indiana Rules of Procedure or in such other
form as may be ordered or approved by the court.
(c) The manner of service of a notice shall be the same as that
provided in the Indiana Rules of Procedure for service of summons
or such other manner as may be ordered or approved by the court.
(d) Any person who is a nonresident of this state or whose address
is unknown may be served by publication according to the Indiana
Rules of Procedure. All persons served by publication whose names
and addresses are known or can by reasonable diligence be
ascertained by the party seeking service shall, in addition to such
published notice, be served by registered or certified mail or other
public means by which a return receipt may be requested.
(e) The court shall give notice in any case in which it acts on its
own motion.
(f) Any person not under a legal disability or a personal
representative may waive in writing notice of the proceeding.
(g) An order of the court is binding as to all persons who are given
notice of the proceeding, even though less than all interested persons
receive 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 or
fact in a proceeding, the court may direct that a copy of the trust
instrument, if any, be kept in its records.
(b) The filing of the trust instrument under subsection (a) of this
section shall not result in continuing supervisory jurisdiction by the
court. Upon conclusion of the proceeding, the trust instrument shall
be 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, the
trustee need not provide a bond to secure the trustee's performance
as trustee.
(b) If the trust is subject to continuing supervisory jurisdiction by
the court, the court may, on its own motion, direct the trustee to
provide a bond to secure performance of the trustee's duties.
(c) Upon petition by an interested party, the court may direct the
trustee to provide a bond to secure the trustee's performance, if the
court deems it reasonably necessary to protect the interest of any
beneficiary.
(d) Unless the terms of the trust provide otherwise, the court may,
in its discretion, direct a trustee appointed by the court under
IC 30-4-3-33 to file a bond to secure the performance of the trustee's
duties.
(e) In any case in which bond is required, unless otherwise
specified, the court shall determine the amount, term and surety of
the bond to be provided. The court may also excuse a requirement of
bond, reduce or increase the amount of the bond, release the surety,
or permit substitution of another bond with the same or different
sureties. (Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.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 the
trustee, after notice to the obligors on the bond and to such other
persons as the court directs, determine the damages, and by
appropriate proceeding enforce the collection thereof from those
liable on the bond. Such determination and enforcement may be
made by the court upon its own motion or upon application of a
successor trustee, or of any other interested person. Damages may be
assessed on behalf of all interested persons and may be paid over to
the successor or other non-defaulting trustee or any other person the
court may direct.
(b) The bond of the trustee shall not be void upon the first
recovery, but may be proceeded upon from time to time until the
whole 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 in
any action or hearing to determine their liability; but the surety may
intervene 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 by
a personal representative shall be lawful and binding upon all
interested persons, whether born or unborn, whether notified or not
notified, and whether represented or not, provided, those interested
persons are of the same class or have interests similar to the
predominant 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 the
extent there is not a conflict of interest between the representative
and the person represented or among those being represented:
(1) a guardian may represent and bind the protected person who
is subject to the guardianship;
(2) an attorney in fact who has authority to act with respect to
the particular question or dispute may represent and bind the
principal;
(3) a trustee may represent and bind the beneficiaries of the
trust;
(4) a personal representative of a decedent's estate may
represent 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 been
appointed;
with regard to a particular question or dispute.
(b) The holder of a general power of appointment, including a
general testamentary power of appointment, may represent and bind
persons 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 not
reasonably ascertainable;
may be represented by and bound by another person who has a
substantially identical interest with respect to the particular question
or dispute but only to the extent there is not a conflict of interest
between the representative and the person represented.
(d) If the court determines that an interest is not represented under
this section or that the otherwise available representation might be
inadequate, the court may appoint a guardian ad litem to receive
notice, give consent, and otherwise represent, bind, and act on behalf
of:
(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 ad
litem may act on behalf of the person represented with respect to any
matter arising under this title, regardless of whether a judicial
proceeding concerning the trust is pending. In making decisions, a
guardian ad litem may consider general benefits accruing to the
living members of the family of the persons represented.
(e) Notice to a person who may represent and bind another person
under this section has the same effect as if notice were given directly
to the other person.
(f) The consent of a person who may represent and bind another
person under this section is binding on the person represented unless
the person represented objects to the representation before the
consent 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 of
a court having jurisdiction in proceedings under this article may
prosecute an appeal to the court having jurisdiction of such an
appeal. That appeal shall be taken as appeals are taken in civil
causes.
(b) In an appeal, the trustee will be entitled to a stay of
proceedings 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 or
limitation, any right against a trustee for breach of trust shall be
barred as to any beneficiary who has received a final account or other
statement fully disclosing the matter and showing termination of the
trust relationship between the trustee and the beneficiary unless a
proceeding to assert the right is commenced within three (3) years
after receipt of the final account or statement if, being an adult, it is
received by him personally or if, being a minor or person with a
disability, it is received by his personal representative. The rights
thus barred do not include the rights to recover from a trustee for
fraud, misrepresentation or inadequate disclosure related to the
settlement 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 of
Procedure shall apply with respect to procedure in any matter arising
under 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 to
contest the validity of a trust that was revocable at the settlor's death
within the earlier of the following:
(1) Ninety (90) days after the person receives from the trustee
a copy of the trust certification and a notice informing the
person 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 of
the settlor of a trust that was revocable at the settlor's death, the
trustee may distribute the trust property in accordance with the terms
of the trust. The trustee is not subject to liability for the distribution
unless:
(1) the trustee knows of a pending judicial proceeding
contesting the validity of the trust; or
(2) a potential contestant notifies the trustee of a possible
judicial proceeding to contest the trust and a judicial proceeding
is commenced not later than sixty (60) days after the contestant
sends the trustee the notification.
(c) A beneficiary of a trust that is determined to be invalid shall
return any distribution received. As added by P.L.238-2005, SEC.46.
IC 30-4-6-1 Jurisdiction
Sec. 1. (Jurisdiction)
Jurisdiction in this state for all matters arising under this article
shall 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 the
administration of the trust only if the settlor expressly directs in the
terms 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 general
against a trustee or a trust lies in Marion County, unless a court
determines that venue in Marion County would be a hardship for a
trustee or a trust.
(b) Unless the terms of the trust provide otherwise, venue in a
proceeding brought by a party other than the attorney general for
matters arising under this article shall be exclusively in the county in
which the principal place of administration of the trust is located.
The principal place of administration of a trust is that usual place at
which the records pertaining to the trust are kept or, if there is no
such place, the trustee's residence. If there are cotrustees, the
principal place of administration is either that of the corporate
trustee, if there is only one (1); that of the individual trustee who has
custody of the records, if there is but one (1) such person and there
is 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 a
continuing duty to administer the trust at a place appropriate to the
trust's purposes and administration.
(d) Unless the trust provides otherwise, and without precluding
the right of the court to order, approve, or disapprove a transfer, the
trustee, in furtherance of a duty prescribed by subsection (b), may
transfer the trust's principal place of administration to another state
or to a jurisdiction outside the United States.
(e) The trustee shall notify the qualified beneficiaries of a
proposed transfer of a trust's principal place of administration not
less than sixty (60) days before initiating the transfer. The notice of
proposed 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 at
which 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 to
occur.
(5) The date, not less than sixty (60) days after the giving of
notice, by which the qualified beneficiary must notify the
trustee of an objection to the proposed transfer.
(f) The authority of a trustee under this section to transfer a trust's
principal place of administration terminates if a qualified beneficiary
notifies the trustee of an objection to the proposed transfer on or
before the date specified in the notice.
(g) In connection with a transfer of the trust's principal place of
administration, the trustee may transfer some or all of the trust
property to a successor trustee designated in the terms of the trust or
appointed under IC 30-4-3-33.
(h) If the principal place of administration is maintained in
another state, venue in this state for any matters arising under this
article shall be in the county stipulated in writing by the parties to the
trust or, if there is no such stipulation, in the county where the trust
property, or the evidence of the trust property, which is the subject
of the action is either situated or generally located.
(i) Any party to an action or proceeding shall be entitled to a
change of venue or change of judge as provided in the Indiana Rules
of Procedure. A change of venue in any action shall not be construed
to authorize a permanent change of venue for all matters arising
under this article, and, upon conclusion of the action, venue shall
return to the court where the action was initiated. (Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.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 and
IC 30-4-7, unless the terms of the trust expressly direct that the court
is to have continuing jurisdiction over the administration of the trust:
(1) a trustee need not docket a trust in the records of the court
nor may the court require a trust to be docketed; and
(2) with respect to a decedent's estate docketed for the purpose
of probate or administration, which either establishes a trust or
makes a devise to another trust, the court shall have no
continuing jurisdiction over the administration of the trust after
any distribution from the estate is paid or delivered to the
trustee. (Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.L.200-1991, SEC.5.
IC 30-4-6-5 Pleadings
Sec. 5. (Pleadings)
Any proceedings under this article may be initiated on either a
petition 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 personal
representative who is named as a party in a petition or complaint,
whose rights may be affected or upon whom a liability might be
imposed by any proceeding; to the Attorney General if the trust is for
a benevolent public purpose; and to any other person whom the court
may order to be given notice.
(b) The form of notice required shall be in the form of a summons
as provided for in the Indiana Rules of Procedure or in such other
form as may be ordered or approved by the court.
(c) The manner of service of a notice shall be the same as that
provided in the Indiana Rules of Procedure for service of summons
or such other manner as may be ordered or approved by the court.
(d) Any person who is a nonresident of this state or whose address
is unknown may be served by publication according to the Indiana
Rules of Procedure. All persons served by publication whose names
and addresses are known or can by reasonable diligence be
ascertained by the party seeking service shall, in addition to such
published notice, be served by registered or certified mail or other
public means by which a return receipt may be requested.
(e) The court shall give notice in any case in which it acts on its
own motion.
(f) Any person not under a legal disability or a personal
representative may waive in writing notice of the proceeding.
(g) An order of the court is binding as to all persons who are given
notice of the proceeding, even though less than all interested persons
receive 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 or
fact in a proceeding, the court may direct that a copy of the trust
instrument, if any, be kept in its records.
(b) The filing of the trust instrument under subsection (a) of this
section shall not result in continuing supervisory jurisdiction by the
court. Upon conclusion of the proceeding, the trust instrument shall
be 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, the
trustee need not provide a bond to secure the trustee's performance
as trustee.
(b) If the trust is subject to continuing supervisory jurisdiction by
the court, the court may, on its own motion, direct the trustee to
provide a bond to secure performance of the trustee's duties.
(c) Upon petition by an interested party, the court may direct the
trustee to provide a bond to secure the trustee's performance, if the
court deems it reasonably necessary to protect the interest of any
beneficiary.
(d) Unless the terms of the trust provide otherwise, the court may,
in its discretion, direct a trustee appointed by the court under
IC 30-4-3-33 to file a bond to secure the performance of the trustee's
duties.
(e) In any case in which bond is required, unless otherwise
specified, the court shall determine the amount, term and surety of
the bond to be provided. The court may also excuse a requirement of
bond, reduce or increase the amount of the bond, release the surety,
or permit substitution of another bond with the same or different
sureties. (Formerly: Acts 1971, P.L.416, SEC.7.) As amended by
P.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 the
trustee, after notice to the obligors on the bond and to such other
persons as the court directs, determine the damages, and by
appropriate proceeding enforce the collection thereof from those
liable on the bond. Such determination and enforcement may be
made by the court upon its own motion or upon application of a
successor trustee, or of any other interested person. Damages may be
assessed on behalf of all interested persons and may be paid over to
the successor or other non-defaulting trustee or any other person the
court may direct.
(b) The bond of the trustee shall not be void upon the first
recovery, but may be proceeded upon from time to time until the
whole 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 in
any action or hearing to determine their liability; but the surety may
intervene 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 by
a personal representative shall be lawful and binding upon all
interested persons, whether born or unborn, whether notified or not
notified, and whether represented or not, provided, those interested
persons are of the same class or have interests similar to the
predominant 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 the
extent there is not a conflict of interest between the representative
and the person represented or among those being represented:
(1) a guardian may represent and bind the protected person who
is subject to the guardianship;
(2) an attorney in fact who has authority to act with respect to
the particular question or dispute may represent and bind the
principal;
(3) a trustee may represent and bind the beneficiaries of the
trust;
(4) a personal representative of a decedent's estate may
represent 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 been
appointed;
with regard to a particular question or dispute.
(b) The holder of a general power of appointment, including a
general testamentary power of appointment, may represent and bind
persons 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 not
reasonably ascertainable;
may be represented by and bound by another person who has a
substantially identical interest with respect to the particular question
or dispute but only to the extent there is not a conflict of interest
between the representative and the person represented.
(d) If the court determines that an interest is not represented under
this section or that the otherwise available representation might be
inadequate, the court may appoint a guardian ad litem to receive
notice, give consent, and otherwise represent, bind, and act on behalf
of:
(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 ad
litem may act on behalf of the person represented with respect to any
matter arising under this title, regardless of whether a judicial
proceeding concerning the trust is pending. In making decisions, a
guardian ad litem may consider general benefits accruing to the
living members of the family of the persons represented.
(e) Notice to a person who may represent and bind another person
under this section has the same effect as if notice were given directly
to the other person.
(f) The consent of a person who may represent and bind another
person under this section is binding on the person represented unless
the person represented objects to the representation before the
consent 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 of
a court having jurisdiction in proceedings under this article may
prosecute an appeal to the court having jurisdiction of such an
appeal. That appeal shall be taken as appeals are taken in civil
causes.
(b) In an appeal, the trustee will be entitled to a stay of
proceedings 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 or
limitation, any right against a trustee for breach of trust shall be
barred as to any beneficiary who has received a final account or other
statement fully disclosing the matter and showing termination of the
trust relationship between the trustee and the beneficiary unless a
proceeding to assert the right is commenced within three (3) years
after receipt of the final account or statement if, being an adult, it is
received by him personally or if, being a minor or person with a
disability, it is received by his personal representative. The rights
thus barred do not include the rights to recover from a trustee for
fraud, misrepresentation or inadequate disclosure related to the
settlement 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 of
Procedure shall apply with respect to procedure in any matter arising
under 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 to
contest the validity of a trust that was revocable at the settlor's death
within the earlier of the following:
(1) Ninety (90) days after the person receives from the trustee
a copy of the trust certification and a notice informing the
person 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 of
the settlor of a trust that was revocable at the settlor's death, the
trustee may distribute the trust property in accordance with the terms
of the trust. The trustee is not subject to liability for the distribution
unless:
(1) the trustee knows of a pending judicial proceeding
contesting the validity of the trust; or
(2) a potential contestant notifies the trustee of a possible
judicial proceeding to contest the trust and a judicial proceeding
is commenced not later than sixty (60) days after the contestant
sends the trustee the notification.
(c) A beneficiary of a trust that is determined to be invalid shall
return any distribution received. As added by P.L.238-2005, SEC.46.
