§ 29-1-17-13.5 — Distribution of assets from certain solvent supervised estates

Indiana § 29-1-17-13.5

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 17: Distribution and Discharge

Text

5. (a) This section applies to a solvent
supervised estate if:
(1) a decree of final distribution has been entered by the court
under section 2 of this chapter;
(2) the personal representative has filed a supplemental report of
distribution and the court has entered an order of discharge under
section 13 of this chapter; and
(3) one (1) or more than one (1) estate assets shown on hand in
the personal representative's final account remain undistributed
after the entry of the order of discharge.
(b) If the undistributed assets of the estate are specifically described
in the decree of final distribution, distribution of any of the assets may
be accomplished or documented by:
(1) the distributee who is entitled to receive the asset filing or
recording of an affidavit under subsection (c); or
(2) the personal representative's execution and recording or filing
of a personal representative's deed or other transfer document
under subsection (e).
(c) If the decree of final distribution under section 2 of this chapter
identifies one (1) or more distributees who are entitled to receive
distribution of an asset that remains undistributed, any distributee may
sign and file with the court an affidavit that:
(1) states the cause number and the caption for the estate;
(2) states the date on which the decree of final distribution was
entered by the court;
(3) identifies the undistributed asset described in the decree and
to which the distributee is entitled;
(4) states the interest in the asset that has passed to the distributee
who signs the affidavit and to each other distributee who has an
interest in that asset; and
(5) states that the undistributed asset has passed by operation of
law under IC 29-1-7-23(a) to the distributee who signs the
affidavit, as a result of the decedent's death and the entry of the
decree of final distribution.
(d) If an undistributed asset consists of an interest in real property,
the distributee must record a copy of the affidavit and a copy of the
decree of final distribution with the county recorder of the county in
which the real property is situated. If the decree of final distribution
does not include the full legal description of the real property, the
distributee who signs the affidavit must include in the affidavit the
legal description of the real property and the property tax parcel
identification number for the real property.
(e) Notwithstanding the filing of a supplemental report of
distribution and the court's entry of an order of discharge under section
13 of this chapter, the personal representative's powers to complete
distribution and delivery of all undistributed estate assets continue for
a period of ninety (90) days beginning on the day after the date of entry
of the order of discharge in the chronological case summary. During
that ninety (90) day period:
(1) the personal representative may proceed, without any further
court order, to sign and deliver any assignment or transfer
document to complete the distribution of personal property and
may sign and record a personal representative's deed to complete
the distribution of real property of the estate; and
(2) any distributee who has an interest in an undistributed estate
asset may petition the court for an order compelling the personal
representative to sign and deliver or to sign and record a personal
representative's deed or other assignment or transfer document to
complete the distribution of that estate asset.
If a petition under subdivision (2) is filed before the ninety (90) day
period ends and if the court issues an order, the order will be effective
without notice to any persons other than the personal representative and
the distributee who filed the petition, even if the order is issued after
the ninety (90) day period ends.

Legislative History

As added by P.L.150-2022, SEC.1.