Ind. Code § 29-1-7-15.1

Current through P.L. 171-2024

Section 29-1-7-15.1 - Determination of intestacy; presentation of will for probate; time limits; sale of property

(a) When it has been determined that a decedent died intestate and letters of administration have been issued upon the decedent's estate, no will shall be probated unless it is presented for probate:

(1) before the court decrees final distribution of the estate; or

(2) in an unsupervised estate, before a closing statement has been filed.

(b) No real property located in Indiana of which any person may die seized shall be sold by the executor or administrator of the deceased person's estate to pay any debt or obligation of the deceased person, which is not a lien of record in the county in which the real property is located or to pay any costs of administration of any decedent's estate, unless a petition for administration is filed in court under section 5 of this chapter not later than five (5) months after the decedent's death and the clerk issues letters testamentary or letters of administration not later than seven (7) months after the decedent's death.

(c) If:

(1) a petitioner files a petition for administration filed in an estate to which subsection (b) may apply; and

(2) the clerk of the court does not issue letters testamentary or of administration under subsection (a) not later than thirty (30) days after the petition for administration has been filed;

the petitioner shall serve the following notice on each creditor in the manner provided under section 7(d) of this chapter not later than forty-five (45) days after the petition for administration has been filed:

NOTICE OF PETITION FOR ADMINISTRATION

In the _______ Court of __________ County, Indiana.

Notice is hereby given that a petition for administration was filed on the ___ day of ____, 20___, in cause number _________________, concerning the estate of ___________, deceased, who died on the _____ day of _______, 20___, but the clerk of the court has not issued letters testamentary or of administration.

The estate includes real property that may be subject to sale restrictions under IC 29-1-7-15.1.

All persons who have claims against this estate, whether or not now due, must file their claims in the office of the clerk of this court not later than seventy-five (75) days after the date on which the petition for administration was filed, or not later than thirty (30) days after the date on which the petitioner serves this notice, to prevent the application of real property sale restrictions to the claims, whichever is later.

Dated at __________, Indiana this ____ day of ______________, 20___.

________________________________________as the Petitioner.

(d) The limitation described in subsection (b) on the sale of real property does not apply to a claim if:

(1) a petition for administration is filed in court under section 5 of this chapter not later than five (5) months after the decedent's death;

(2) the claimant files the claim in the office of the clerk of the court not later than:

(A) seventy-five (75) days after the date on which the petition for administration was filed; or

(B) thirty (30) days after the date on which the petitioner serves the notice required in subsection (c);

whichever is later; and

(3) the failure of the clerk to issue letters testamentary or letters of administration not later than seven (7) months after the decedent's death is not the result of the petitioner's failure to comply with the requirements of:

(A) this article;

(B) the Indiana Rules of Trial Procedure; or

(C) the local rules of the court.

(e) The court shall order the limitation described in subsection (b) inapplicable to a claimant's claim concerning the sale of real property if any interested person files a motion for findings under this subsection and the court finds that the following conditions apply:

(1) A petition for administration was filed in court under section 5 of this chapter not later than five (5) months after the decedent's death.

(2) More than thirty (30) days have elapsed since the petition was filed.

(3) The claimant is a reasonably ascertainable creditor under section 7 of this chapter.

(4) The claimant filed a claim in the estate not later than seventy-five (75) days after the date on which the petition for administration was filed, or not later than thirty (30) days after the date on which the petitioner serves the notice required in subsection (c), whichever is later.

(5) The petitioner has not satisfied the provisions of subsection (c).

(f) The title of any real property or interest therein purchased in good faith and for a valuable consideration from the heirs of any person who died seized of the real property shall not be affected or impaired by any devise made by the person of the real property so purchased, unless:

(1) the will containing the devise has been probated and recorded in the office of the clerk of the court having jurisdiction within five (5) months after the death of the testator; or

(2) an action to contest the will's validity is commenced within the time provided by law and, as a result, the will is ultimately probated.

(g) Except as provided in subsection (h), the will of the decedent shall not be admitted to probate unless the will is presented for probate before the latest of the following dates:

(1) Three (3) years after the individual's death.

(2) Sixty (60) days after the entry of an order denying the probate of a will of the decedent previously offered for probate and objected to under section 16 of this chapter.

(3) Sixty (60) days after entry of an order revoking probate of a will of the decedent previously admitted to probate and contested under section 17 of this chapter.

However, in the case of an individual presumed dead under IC 29-2-5-1, the three (3) year period commences with the date the individual's death has been established by appropriate legal action.

(h) This subsection applies with respect to the will of an individual who dies after June 30, 2011. If:

(1) no estate proceedings have been commenced for a decedent; and

(2) an asset of the decedent remains titled or registered in the name of the decedent;

the will of the decedent may be presented to the court for probate and admitted to probate at any time after the expiration of the deadline determined under subsection (g) for the sole purpose of transferring the asset described in subdivision (2). A will presented for probate under this subsection is subject to all rules governing the admission of wills to probate.

IC 29-1-7-15.1

Amended by P.L. 38-2023,SEC. 2, eff. 7/1/2023.

Amended by P.L. 184-2021,SEC. 1, eff. 7/1/2021.

Amended by P.L. 231-2019,SEC. 8, eff. 7/1/2019.

Amended by P.L. 163-2018,SEC. 6, eff. 7/1/2018.

Amended by P.L. 36-2011, SEC. 4, eff. 7/1/2011.

(Formerly: Acts1973 , P.L. 289, SEC.1; Acts1975 , P.L. 288, SEC.8.) As amended by P.L. 263-1989, SEC.1; P.L. 238-2005, SEC.11; P.L. 95-2007, SEC.5.