§ 29-1-14-2 — Actions; definite statement; personal representative actions; deductions from claims

Indiana § 29-1-14-2

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

Text

No action shall be brought by complaint and
summons against the personal representative of an estate for the
recovery of any claim against the decedent or the decedent's estate,
except in the enforcement of claims for injury to person or damage to
property arising out of negligence as provided in section 1 of this
chapter, but the holder thereof, whether such claim be due or not, shall
file a succinct definite statement thereof in the office of the clerk of the
court in which the letters were issued. The clerk shall send by United
States mail or by personal service an exact copy of such statement to
the personal representative of the estate. Any claims of the personal
representative against the decedent shall be made out and filed in the
office of the clerk of the court in which the letters were issued. If any
claim against the decedent is founded upon any written instrument,
alleged to have been executed by the decedent, the original or a
complete copy thereof, shall be filed with the statement, unless it is lost
or destroyed, in which case its loss or destruction must be stated in the
claim. The statement shall set forth all credits and deductions to which
the estate is entitled and shall be accompanied by the affidavit of the
claimant or the claimant's agent or attorney, that the claim, after
deducting all credits, set-offs, and deductions to which the estate is
entitled, is justly due and wholly unpaid, or if not yet due, when it will
or may become due, and no claim shall be received unless
accompanied by such affidavit. If the claim is secured by a lien on any
real or personal property, such lien shall be particularly set forth in
such statement, and a reference given to where the lien, if of record,
will be found. If the claim is contingent, the nature of the contingency
shall also be stated. No statement of claim need be filed as provided in
this section as to those claims which are paid by the personal
representative within three (3) months after the date of the first
published notice to creditors or the period allowed under IC 29-1-7-7.
However, in instances where a cause of action was properly filed and
commenced against a decedent prior to the decedent's death, the same
shall be continued against the personal representative or successors in
interest of the deceased, who shall be substituted as the party or parties
defendant in such action, and in such instance it shall not be necessary
for the claimant to file a claim as herein provided. In any action thus
continued the recovery, if any, shall be limited as otherwise provided
by law.
Formerly: Acts 1953, c.112, s.1402; Acts 1959, c.179, s.1; Acts
1961, c.287, s.2; Acts 1965, c.144, s.1; Acts 1975, P.L.288, SEC.21. As
amended by P.L.118-1997, SEC.20; P.L.252-2001, SEC.17.