§ 29-1-13-16 — Collection of indebtedness; secure possession of property; special administrator appointed

Whenever any interested person files with
the court having jurisdiction of an estate a petition showing that such
person has reason to believe and does believe that the personal
representative of the estate or any other person is indebted to the estate,
or that any property is in the possession of the personal representative
of the estate or of any other person, and that diligent effort is not being
made to collect such indebtedness or to secure possession of such
property for the estate, the court shall hold a hearing upon such petition
and shall determine what action, if any, shall be taken. Should the court
decide that there is sufficient merit in the petitioner's claim to warrant
action, it shall direct the personal representative to take such action as
the court deems necessary; provided, however, where the person
claimed to be indebted to the estate or having in his possession
property belonging to the estate is the personal representative or where
the court is of the opinion that the personal representative would not or
could not for any reason prosecute such action with sufficient vigor, it
shall appoint a special administrator to take such action as it shall
direct.
Formerly: Acts 1953, c.112, s.1316.