§ 29-1-14-1 — Limitations; filing; claims barred or not; liens; tort claims

Indiana § 29-1-14-1

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 14: Claims Against the Estate

Text

(a) Except as provided in IC 29-1-7-7, all
claims against a decedent's estate, other than expenses of
administration and claims of the United States, the state, or a
subdivision of the state, whether due or to become due, absolute or
contingent, liquidated or unliquidated, founded on contract or
otherwise, shall be forever barred against the estate, the personal
representative, the heirs, devisees, and legatees of the decedent, unless
filed with the court in which such estate is being administered within:
(1) three (3) months after the date of the first published notice to
creditors; or
(2) three (3) months after the court has revoked probate of a will,
in accordance with IC 29-1-7-21, if the claimant was named as a
beneficiary in that revoked will;
whichever is later.
(b) No claim shall be allowed which was barred by any statute of
limitations at the time of decedent's death.
(c) No claim shall be barred by the statute of limitations which was
not barred at the time of the decedent's death, if the claim shall be filed
within:
(1) three (3) months after the date of the first published notice to
creditors; or
(2) three (3) months after the court has revoked probate of a will,
in accordance with IC 29-1-7-21, if the claimant was named as a
beneficiary in that revoked will;
whichever is later.
(d) All claims barrable under subsection (a) shall be barred if not
filed within nine (9) months after the death of the decedent.
(e) Nothing in this section shall affect or prevent any action or
proceeding to enforce any mortgage, pledge, or other lien upon
property of the estate.
(f) Nothing in this section shall affect or prevent the enforcement of
a claim for injury to person or damage to property arising out of
negligence against the estate of a deceased tort feasor within the period
of the statute of limitations provided for the tort action. A tort claim
against the estate of the tort feasor may be opened or reopened and suit
filed against the special representative of the estate within the period
of the statute of limitations of the tort. Any recovery against the tort
feasor's estate shall not affect any interest in the assets of the estate
unless the suit was filed within the time allowed for filing claims
against the estate. The rules of pleading and procedure in such cases
shall be the same as apply in ordinary civil actions.
(g) A claim by the unit against a decedent's estate is forever barred
unless:
(1) the unit files a claim in the court in which the decedent's estate
is being administered; or
(2) the unit opens an estate for the decedent and files a claim
against the decedent in the estate;
not later than one hundred twenty (120) days after the date of death of
the decedent.
Formerly: Acts 1953, c.112, s.1401; Acts 1961, c.287, s.1; Acts
1975, P.L.288, SEC.20. As amended by Acts 1980, P.L.179, SEC.1;
P.L.154-1990, SEC.9; P.L.252-2001, SEC.16; P.L.99-2024,
SEC.9.