§ 29-1-13-10 — Petitions; concealment; embezzlement; conversion; adverse interest; attachment

Indiana § 29-1-13-10

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 13: Collection and Management of Assets

Text

(a) Upon the filing of a petition by the
personal representative or any other person interested in the estate
alleging that any person has, or is suspected to have, concealed,
embezzled, converted or disposed, of any real or personal property
belonging to the estate of a decedent, or has possession or knowledge
of any such property or of any instruments in writing relating to such
property, the court having probate jurisdiction, upon such notice as it
may direct, may order such person to appear before it for disclosure,
and may finally adjudicate the rights of the parties before the court with
respect to such property. Insofar as concerns parties claiming an
interest adverse to the estate, such procedure for disclosure or to
determine title is an independent proceeding and not with IC 29-1-7-2.
(b) Any person so ordered to appear who fails or refuses to appear,
or who refuses to answer concerning such property or to deliver up any
such property in which no interest adverse to the estate is claimed by
him, may be attached and imprisoned in the discretion of the court.
Formerly: Acts 1953, c.112, s.1310. As amended by Acts 1982,
P.L.171, SEC.35.