Indiana § 29-1-17-9 Specific devise; liens

Indiana Statutes

§ 29-1-17-9 — Specific devise; liens

Indiana § 29-1-17-9

Art. 1PROBATE CODE

Ch. 17Distribution and Discharge

This text of Indiana § 29-1-17-9 (Specific devise; liens) 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 § 29-1-17-9 (2026).

Text

(a)As used in this section, "lien" refers to a mortgage, pledge, security interest, or other lien.

(b)When any real or personal property subject to a lien is specifically devised, the devisee shall take the devised property subject to the lien unless the will provides expressly or by necessary implication that the lien be otherwise paid. If the holder of a lien receives payment on a claim based upon the obligation secured by the lien, the devise which was subject to the lien shall be charged with the reimbursement to the estate of the amount of the payment for the benefit of the distributees entitled to the devise, unless the will provides expressly or by necessary implication that the payment be charged against the residue of the estate.

(c)For purposes of this section, a general direc

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(a) As used in this section, "lien" refers to a
mortgage, pledge, security interest, or other lien.
(b) When any real or personal property subject to a lien is
specifically devised, the devisee shall take the devised property subject
to the lien unless the will provides expressly or by necessary
implication that the lien be otherwise paid. If the holder of a lien
receives payment on a claim based upon the obligation secured by the
lien, the devise which was subject to the lien shall be charged with the
reimbursement to the estate of the amount of the payment for the
benefit of the distributees entitled to the devise, unless the will
provides expressly or by necessary implication that the payment be
charged against the residue of the estate.
(c) For purposes of this section, a general directive in a will to pay
debts does not imply an intent that a devise of property subject to a lien
be distributed free from the lien.
Formerly: Acts 1953, c.112, s.1709. As amended by
P.L.51-2014, SEC.6.