Indiana § 29-1-17-15.1 Petition to determine heirs of estate; contents; notice; hearing; decree

Indiana Statutes

§ 29-1-17-15.1 — Petition to determine heirs of estate; contents; notice; hearing; decree

Indiana § 29-1-17-15.1

Art. 1PROBATE CODE

Ch. 17Distribution and Discharge

This text of Indiana § 29-1-17-15.1 (Petition to determine heirs of estate; contents; notice; hearing; decree) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 29-1-17-15.1 (2026).

Text

1.

(a)Whenever any person has died leaving property or any interest in property and no general administration has been commenced on the person's estate in this state, nor has any will been offered for probate in this state, within five (5) months after the person's death, any person claiming an interest in such property as heir or through an heir may file a petition in any court which would be of proper venue for the administration of such decedent's estate, to determine the heirs of said decedent and their respective interests as heirs in the estate.

(b)The petition shall state:

(1)The name, age, domicile and date of death of the decedent;

(2)The names, ages and residence addresses of the heirs, so far as known or can with reasonable diligence be ascertained;

(3)The names and residen

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1. (a) Whenever any person has died
leaving property or any interest in property and no general
administration has been commenced on the person's estate in this state,
nor has any will been offered for probate in this state, within five (5)
months after the person's death, any person claiming an interest in such
property as heir or through an heir may file a petition in any court
which would be of proper venue for the administration of such
decedent's estate, to determine the heirs of said decedent and their
respective interests as heirs in the estate.
(b) The petition shall state:
(1) The name, age, domicile and date of death of the decedent;
(2) The names, ages and residence addresses of the heirs, so far
as known or can with reasonable diligence be ascertained;
(3) The names and residence addresses of any persons claiming
any interest in such property through an heir, so far as known or
can by reasonable diligence be ascertained;
(4) A particular description of the property with respect to which
such determination is sought; and
(5) The net value of the estate.
(c) Upon the filing of the petition, the court shall fix the time for the
hearing, thereof, notice of which shall be given to:
(1) All persons known or believed to claim any interest in the
property as heir or through an heir of the decedent;
(2) All persons who may at the date of the filing of the petition be
shown by the records of conveyances of the county in which any
real property described in such petition is located to claim any
interest therein through the heirs of the decedent; and
(3) Any unknown heirs of the decedent.
Such notice shall be given by publication and, in addition personal
notice through the E-filing System of the Indiana Courts or by first
class postage prepaid mail, shall be given to every such person whose
address is known to the petitioner. Upon satisfactory proofs the court
shall make a decree determining the heirs of said decedent and their
respective interests as heirs in said property.
(d) A certified copy of the decree shall be recorded at the expense
of the petitioner in each county in which any real property described in
the decree is situated except the county in which the decree is entered,
and shall be conclusive evidence of the facts determined in the decree
as against all parties to the proceedings.
Formerly: Acts 1973, P.L.289, SEC.2; Acts 1975, P.L.288,
SEC.37. As amended by P.L.79-2017, SEC.73; P.L.136-2018,
SEC.218; P.L.162-2022, SEC.14.