§ 29-1-1-2 — Procedure; prior proceedings or rights

Indiana § 29-1-1-2

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 1: General Provisions

Text

(a) The procedure herein prescribed shall govern
all proceedings in probate brought after January 1, 1954; and also all
further procedure in probate proceedings then pending, except to the
extent that in the opinion of the court their application in particular
proceedings or parts thereof would not be feasible or would work
injustice, in which event the former procedure shall apply.
(b) No act done in any proceeding commenced before January 1,
1954, and no accrued right, shall be impaired by its provisions. When
a right is acquired, extinguished or barred upon the expiration of a
prescribed period of time which has commenced to run by the
provision of the law in force at the time, such provision shall remain in
force and be deemed a part of this article with respect to such right, and
not withstanding any of the provisions of this article, the person or
persons who shall be entitled to take or receive any property, right,
power or interest on the final settlement and distribution of any estate
pending or any trust being administered on January 1, 1954 shall be
determined, and his or their rights, powers and interest shall be
governed by the statutes and applicable decisions in force and effect
immediately prior to January 1, 1954.
(c) If any provision of this article or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the article which can be given effect
without the invalid provision or application, and to this end the
provisions of this article are declared to be severable.
Formerly: Acts 1953, c.112, s.102. As amended by Acts 1982,
P.L.171, SEC.2.