Section 29-3-3-8 - Tenant's representative; administration(a) A tenant's representative who accepts appointment under IC 32-31-1-23 may represent the tenant for the following purposes: (1) Collecting all or part of the tenant's security deposit from the tenant's landlord.(2) Collecting the tenant's tangible personal property from the tenant's residence.(3) Distributing among the tenant's distributees any portion of the tenant's security deposit that the tenant's representative has collected from the tenant's landlord.(4) Distributing among the tenant's distributees any portion of the tenant's tangible personal property that the tenant's representative has collected from the tenant's residence.(5) Signing and issuing on behalf of the tenant's distributees any affidavit described in IC 29-1-8 that the tenant's landlord may require before releasing the tenant's security deposit or tangible personal property to the tenant's representative.(b) Upon presentation of letters testamentary or letters of administration by the personal representative of the tenant's estate to the tenant's representative, the tenant's representative will deliver to the personal representative any portion of the tenant's tangible personal property that the tenant's representative has collected from the tenant's landlord.(c) The tenant's representative shall keep complete records of all transactions entered into by the tenant's representative on behalf of the tenant for: (1) nine (9) months after the tenant's death date; or(2) three (3) months after the records are delivered to the tenant's personal representative; whichever occurs first.
(d) Except as otherwise required by subsection (e), the tenant's representative is not required to render an accounting.(e) Except as provided in subsection (h), the tenant's representative shall render a written accounting if an accounting is:(1) ordered by a court; or(2) demanded by: (A) a child of the tenant;(B) the personal representative of the tenant's estate; or(C) an heir or legatee of the tenant.(f) Except as provided in subsection (h), a tenant's representative shall deliver an accounting required under subsection (e) to:(2) the personal representative of the tenant's estate;(3) an heir of the tenant;(4) a legatee of the tenant; or(5) a child of the tenant.(g) Except as provided in subsection (h), a tenant's representative shall deliver an accounting ordered or demanded under subsection (e) to the court or the person demanding the accounting not later than sixty (60) days after the date the tenant's representative receives the court order or written demand for an accounting.(h) The court may order an accounting under subsection (e) at any time. In the absence of a court ordered accounting, a tenant's representative is not required to deliver an accounting to a person described in subsection (f)(1) through (f)(4) unless the person demands the accounting not later than nine (9) months after the date of the tenant's death. The delivery deadline set forth in subsection (g) applies to a written demand for an accounting that is timely submitted under this subsection.(i) Not more than one (1) accounting is required under this section in each twelve (12) month period unless the court, in its discretion, orders additional accountings.(j) If a tenant's representative fails to deliver an accounting as required under this section, the court or the person demanding the accounting may initiate an action in mandamus to compel the tenant's representative to render the accounting. The court may award the attorney's fees and court costs incurred under this subsection to the person demanding the accounting if the court finds that the tenant's representative failed to render an accounting as required under this section without just cause.(k) A tenant's representative is entitled to judicial review and settlement of an account of all transactions entered into by the tenant's representative, regardless of whether:(1) the tenant's representative's authority has been revoked; or(2) a demand for an accounting is made under subsection (e).(l) Judicial review and settlement of an account is initiated upon the filing of a petition to settle and allow an account. The petition must be filed with the court exercising probate jurisdiction for the county in which the tenant resided. Except as otherwise provided by this section, the procedures in IC 30-4-5-14(b), IC 30-4-5-14(c), IC 30-4-5-14(d), and IC 30-4-5-15 that are applicable to judicial settlement of a trustee's account govern:(1) the filing of objections; and(2) all proceedings; on the petition.
(m) A petition to settle and allow an account must be served upon all the following that are applicable: (1) The tenant's personal representative.(2) Any person beneficially interested in the decedent's estate.(3) The tenant's heirs at law.(4) If the tenant's will is probated without administration:(A) the personal representative named in the probated will; and(B) all persons or entities beneficially interested in the probated will.(5) Any other person that the court directs.(n) A tenant's representative is discharged from liability as to the transactions disclosed in the accounting if:(1) the court reviews and approves the accounting; and(2) notice of the court's approval of the accounting is provided to the persons identified in subsection (m).(o) In the absence of fraud, misrepresentation, inadequate disclosure, or failure to provide proper notice related to the power of attorney transactions, the discharge from liability under subsection (n) is lawful and binding upon all interested persons: (1) who would assert an interest on behalf of or through the tenant; and(2) who are:(B) notified or not notified; or(C) represented or not represented.(p) The filing fee for a petition to settle and allow an account filed under this section is a legitimate expense of the tenant's estate.Added by P.L. 184-2021,SEC. 7, eff. 7/1/2021.