§ 29-1-14-17 — Personal representative claims

(a) Whenever a claim in favor of a personal
representative against the estate the personal representative represents
that accrued before the death of the decedent is filed against an estate,
with the affidavit of the claimant attached, the claim shall not be acted
upon by the personal representative unless all interested persons who
would be affected by the allowance of the claim consent in writing to
it. If all interested persons do not consent to the payment of that claim,
the judge shall appoint a special personal representative who shall
examine the nature of the claim. If the special personal representative
determines that the claim is just, the special personal representative
shall allow the claim. If the special personal representative believes it
is in the best interests of the estate to oppose the claim, the special
personal representative may:
(1) employ counsel to represent the special personal
representative;
(2) disallow the claim; and
(3) ask the court to set the claim for trial.
The special personal representative and the special personal
representative's counsel shall be paid out of the estate fees for services
that the court determines reasonable and appropriate.
(b) Claims of personal representatives shall not be deemed civil
actions or proceedings for the purpose of determining court costs,
unless the court arranges for active opposition provided in this section.
Formerly: Acts 1953, c.112, s.1417. As amended by Acts 1978,
P.L.132, SEC.8; P.L.118-1997, SEC.22.