§ 29-1-6-6 — Determination of heirship; good faith purchasers

Indiana § 29-1-6-6

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 6: Construction of Wills, Renunciation of Interests, and

Text

(a) At any time during the administration of a
decedent's estate, the personal representative or any interested person
may petition the court to determine the heirs of said decedent and their
respective interests in the estate or any part thereof. Upon the filing of
the petition the court shall fix the time for the hearing thereof, notice
of which shall be given to all persons known or believed to claim or
have any interest in the estate or any part thereof as heir or through an
heir of the decedent. In addition, notice by publication shall be given
to all unknown heirs of the decedent.
(b) Upon the hearing of the petition, heirship may be determined by
competent evidence or, if there be no objection, by affidavit. A record
shall be made of all oral evidence, and such record and all affidavits
shall remain as part of the files in the estate proceeding.
(c) Upon satisfactory proof the court shall make a decree
determining the heirs of the decedent and their respective interests in
the estate or any part thereof.
(d) The decree of court as provided in subsection (c) shall be
conclusive of the facts determined therein on any interested person who
has been notified personally or by mail in accordance with the
provisions of this article, subject to the right of appeal.
(e) All acts of the personal representative which were lawful when
performed according to the facts determined by the decree as provided
in subsection (c) shall be valid insofar as concerns the rights and
liability of a purchaser, lessee or other person dealing with the personal
representative for value and in good faith and insofar as concerns a
personal representative who has acted in good faith.
Formerly: Acts 1953, c.112, s.606. As amended by Acts 1982,
P.L.171, SEC.18.