Indiana § 29-1-12-5 Right of action against executor; insolvent personal representative

Indiana Statutes

§ 29-1-12-5 — Right of action against executor; insolvent personal representative

Indiana § 29-1-12-5

Art. 1PROBATE CODE

Ch. 12Inventory

This text of Indiana § 29-1-12-5 (Right of action against executor; insolvent personal representative) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 29-1-12-5 (2026).

Text

The naming of any person as executor in a will
shall not operate as a discharge or bequest of any right of action which
the testator had against such executor, but such right of action, if it
survives, shall be included among the assets of the decedent in the
inventory. If the personal representative is or becomes insolvent, debts
owed by him to the decedent shall not be deemed assets in his hands in
determining the liability on his bond.
Formerly: Acts 1953, c.112, s.1205.

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The naming of any person as executor in a will
shall not operate as a discharge or bequest of any right of action which
the testator had against such executor, but such right of action, if it
survives, shall be included among the assets of the decedent in the
inventory. If the personal representative is or becomes insolvent, debts
owed by him to the decedent shall not be deemed assets in his hands in
determining the liability on his bond.
Formerly: Acts 1953, c.112, s.1205.