§ 29-1-17-2 — Final accounts; decree of final distribution

Indiana § 29-1-17-2

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

Text

(a) After the expiration of the time limit for the
filing of claims, and after all claims against the estate, including state
and federal inheritance and estate taxes, have been determined, paid,
or provision made therefor, except contingent and unmatured claims
which cannot then be paid, the personal representative shall, if the
estate is in a condition to be closed, render a final account and at the
same time petition the court to decree the final distribution of the
estate.
(b) The final account must include a verified statement that the clerk
of the court, the personal representative, or a previous personal
representative, has done the following:
(1) Published notice to creditors as provided in IC 29-1-7-7(b),
with the first publication occurring more than three (3) months
before the date of the final account.
(2) Provided notice to creditors as required under IC 29-1-7-7(c),
IC 29-1-7-7(d), and IC 29-1-7-7(f).
(c) Notice of the hearing of the petition shall be provided under IC 29-1-16-6.
(d) In its decree of final distribution, the court shall designate the
persons to whom distribution is to be made, and the proportions or
parts of the estate, or the amounts, to which each is entitled under the
will and the provisions of this probate code, including the provisions
regarding advancements, election by the surviving spouse, lapse,
renunciation, adjudicated compromise of controversies, and retainer.
Every tract of real property so distributed shall be specifically
described therein. The decree shall find that all state and federal
inheritance and estate taxes are paid, and if all claims have been paid,
it shall so state; otherwise, the decree shall state that all claims except
those therein specified are paid and shall describe the claims for the
payment of which a special fund is set aside, and the amount of such
fund. If any contingent claims which have been duly allowed are still
unpaid and have not become absolute, such claims shall be described
in the decree, which shall state whether the distributees take subject to
them. If a fund is set aside for the payment of contingent claims, the
decree shall provide for the distribution of such fund in the event that
all or a part of it is not needed to satisfy such contingent claims. If a
decree of partial distribution has been previously made, the decree of
final distribution shall expressly confirm it, or, for good cause, shall
modify said decree and state specifically what modifications are made.
(e) If a distributee dies before distribution to the distributee of the
distributee's share of the estate, the distributee's share may be
distributed to the personal representative of the distributee's estate, if
there is one; or if no administration on the deceased distributee's estate
is had and none is necessary according to IC 29-1-8, the share of the
deceased distributee shall be distributed in accordance with IC 29-1-8.
(f) The decree of final distribution shall be a conclusive
determination of the persons who are the successors in interest to the
estate of the decedent and of the extent and character of their interest
therein, subject only to the right of appeal and the right to reopen the
decree. It shall operate as the final adjudication of the transfer of the
right, title, and interest of the decedent to the distributees therein
designated; but no transfer before or after the decedent's death by an
heir or devisee shall affect the decree, nor shall the decree affect any
rights so acquired by grantees from the heirs or devisees.
(g) Whenever the decree of final distribution includes real property,
a certified copy thereof shall be recorded by the personal representative
in every county of this state in which any real property distributed by
the decree is located except the county in which the estate is
administered. The cost of recording such decree shall be charged to the
estate.
Formerly: Acts 1953, c.112, s.1702; Acts 1975, P.L.288,
SEC.36. As amended by P.L.95-2007, SEC.11; P.L.163-2018, SEC.12;
P.L.211-2019, SEC.3; P.L.50-2025, SEC.6.