§ 29-1-14-8 — Contingent claims; liability of distributees; contribution

If a contingent claim shall have been filed and
allowed against an estate, and all the assets of the estate including the
fund, if any, set apart for the payment thereof, shall have been
distributed, and the claim shall thereafter become absolute, the creditor
shall have the right to recover thereon in the court having probate
jurisdiction against those distributees whose distributive shares have
been increased by reason of the fact that the amount of said claim as
finally determined was not paid out prior to final distribution, provided
an action therefor shall be commenced within three (3) months after the
claim becomes absolute. Such distributees shall be jointly and severally
liable, but no distributee shall be liable for an amount exceeding the
amount of the estate or fund so distributed to him. If more than one (1)
distributee is liable to the creditor, the distributee shall make all
distributees who can be reached by process parties to the action. By its
judgment the court shall determine the amount of the liability of each
of the defendants as between themselves, but if any be insolvent or
unable to pay his proportion, or beyond the reach of process, the others,
to the extent of their respective liabilities, shall nevertheless be liable
to the creditor for the whole amount of the debt. If any person liable for
the debt fails to pay the person's just proportion to the creditor, the
person shall be liable to indemnify all who, by reason of such failure on
the person's part, have paid more than their just proportion of the debt,
the indemnity to be recovered in the same action or in separate actions.
Formerly: Acts 1953, c.112, s.1408; Acts 1975, P.L.288,
SEC.22. As amended by P.L.252-2001, SEC.18; P.L.1-2002,
SEC.124.