Indiana § 29-1-14-13 Trial of claims; judgment; set-off or counterclaim

Indiana Statutes

§ 29-1-14-13 — Trial of claims; judgment; set-off or counterclaim

Indiana § 29-1-14-13

Art. 1PROBATE CODE

Ch. 14Claims Against the Estate

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Bluebook

Ind. Code § 29-1-14-13 (2026).

Text

The trial of a claim under this chapter shall
be conducted as in ordinary civil cases, and if the finding is for the
claimant the court shall allow the claim in full or in part, and costs, to
be paid out of the assets of the estate under section 19 of this chapter.
If the claim sued on is secured by a lien upon property of the deceased,
the date and extent shall be ascertained and fixed by the finding and
judgment. If the finding is in favor of the personal representative upon
a set-off or counter-claim, judgment shall be rendered thereon as in
ordinary cases. If a set-off or counter-claim is pleaded, and the claim
is afterward dismissed, the personal representative may nevertheless
proceed to trial and judgment on the set-off or counter-claim.
Formerly: Acts 1953, c.112, s.1413. As amende

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The trial of a claim under this chapter shall
be conducted as in ordinary civil cases, and if the finding is for the
claimant the court shall allow the claim in full or in part, and costs, to
be paid out of the assets of the estate under section 19 of this chapter.
If the claim sued on is secured by a lien upon property of the deceased,
the date and extent shall be ascertained and fixed by the finding and
judgment. If the finding is in favor of the personal representative upon
a set-off or counter-claim, judgment shall be rendered thereon as in
ordinary cases. If a set-off or counter-claim is pleaded, and the claim
is afterward dismissed, the personal representative may nevertheless
proceed to trial and judgment on the set-off or counter-claim.
Formerly: Acts 1953, c.112, s.1413. As amended by
P.L.118-1997, SEC.21.