1.
(a)When it has been determined that a
decedent died intestate and letters of administration have been issued
upon the decedent's estate, no will shall be probated unless it is
presented for probate:
(1)before the court decrees final distribution of the estate; or
(2)in an unsupervised estate, before a closing statement has been
filed.
(b)No real property located in Indiana of which any person may die
seized shall be sold by the executor or administrator of the deceased
person's estate to pay any debt or obligation of the deceased person,
which is not a lien of record in the county in which the real property is
located or to pay any costs of administration of any decedent's estate,
unless a petition for administration is filed in court under section 5 of
this chapter not later than f
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1. (a) When it has been determined that a
decedent died intestate and letters of administration have been issued
upon the decedent's estate, no will shall be probated unless it is
presented for probate:
(1) before the court decrees final distribution of the estate; or
(2) in an unsupervised estate, before a closing statement has been
filed.
(b) No real property located in Indiana of which any person may die
seized shall be sold by the executor or administrator of the deceased
person's estate to pay any debt or obligation of the deceased person,
which is not a lien of record in the county in which the real property is
located or to pay any costs of administration of any decedent's estate,
unless a petition for administration is filed in court under section 5 of
this chapter not later than five (5) months after the decedent's death and
the clerk issues letters testamentary or letters of administration not later
than seven (7) months after the decedent's death.
(c) If:
(1) a petitioner files a petition for administration filed in an estate
to which subsection (b) may apply; and
(2) the clerk of the court does not issue letters testamentary or of
administration under subsection (a) not later than thirty (30) days
after the petition for administration has been filed;
the petitioner shall serve the following notice on each creditor in the
manner provided under section 7(d) of this chapter not later than
forty-five (45) days after the petition for administration has been filed:
In the _______ Court of __________ County, Indiana.
Notice is hereby given that a petition for administration was filed on
the ___ day of ____, 20___, in cause number _________________,
concerning the estate of ___________, deceased, who died on the
_____ day of _______, 20___, but the clerk of the court has not issued
letters testamentary or of administration.
The estate includes real property that may be subject to sale
restrictions under IC 29-1-7-15.1.
All persons who have claims against this estate, whether or not now
due, must file their claims in the office of the clerk of this court not
later than seventy-five (75) days after the date on which the petition for
administration was filed, or not later than thirty (30) days after the date
on which the petitioner serves this notice, to prevent the application of
real property sale restrictions to the claims, whichever is later.
Dated at __________, Indiana this ____ day of ______________,
20___.
________________________________________as the Petitioner.
(d) The limitation described in subsection (b) on the sale of real
property does not apply to a claim if:
(1) a petition for administration is filed in court under section 5 of
this chapter not later than five (5) months after the decedent's
death;
(2) the claimant files the claim in the office of the clerk of the
court not later than:
(A) seventy-five (75) days after the date on which the petition
for administration was filed; or
(B) thirty (30) days after the date on which the petitioner serves
the notice required in subsection (c);
whichever is later; and
(3) the failure of the clerk to issue letters testamentary or letters
of administration not later than seven (7) months after the
decedent's death is not the result of the petitioner's failure to
comply with the requirements of:
(A) this article;
(B) the Indiana Rules of Trial Procedure; or
(C) the local rules of the court.
(e) The court shall order the limitation described in subsection (b)
inapplicable to a claimant's claim concerning the sale of real property
if any interested person files a motion for findings under this subsection
and the court finds that the following conditions apply:
(1) A petition for administration was filed in court under section
5 of this chapter not later than five (5) months after the decedent's
death.
(2) More than thirty (30) days have elapsed since the petition was
filed.
(3) The claimant is a reasonably ascertainable creditor under
section 7 of this chapter.
(4) The claimant filed a claim in the estate not later than
seventy-five (75) days after the date on which the petition for
administration was filed, or not later than thirty (30) days after the
date on which the petitioner serves the notice required in
subsection (c), whichever is later.
(5) The petitioner has not satisfied the provisions of subsection
(c).
(f) The title of any real property or interest therein purchased in
good faith and for a valuable consideration from the heirs of any person
who died seized of the real property shall not be affected or impaired
by any devise made by the person of the real property so purchased,
unless:
(1) the will containing the devise has been probated and recorded
in the office of the clerk of the court having jurisdiction within
five (5) months after the death of the testator; or
(2) an action to contest the will's validity is commenced within the
time provided by law and, as a result, the will is ultimately
probated.
(g) Except as provided in subsection (h), the will of the decedent
shall not be admitted to probate unless the will is presented for probate
before the latest of the following dates:
(1) Three (3) years after the individual's death.
(2) Sixty (60) days after the entry of an order denying the probate
of a will of the decedent previously offered for probate and
objected to under section 16 of this chapter.
(3) Sixty (60) days after entry of an order revoking probate of a
will of the decedent previously admitted to probate and contested
under section 17 of this chapter.
However, in the case of an individual presumed dead under IC 29-2-5-1, the three (3) year period commences with the date the
individual's death has been established by appropriate legal action.
(h) This subsection applies with respect to the will of an individual
who dies after June 30, 2011. If:
(1) no estate proceedings have been commenced for a decedent;
and
(2) an asset of the decedent remains titled or registered in the
name of the decedent;
the will of the decedent may be presented to the court for probate and
admitted to probate at any time after the expiration of the deadline
determined under subsection (g) for the sole purpose of transferring the
asset described in subdivision (2). A will presented for probate under
this subsection is subject to all rules governing the admission of wills
to probate.
Formerly: Acts 1973, P.L.289, SEC.1; Acts 1975, P.L.288,
SEC.8. As amended by P.L.263-1989, SEC.1; P.L.238-2005, SEC.11;
P.L.95-2007, SEC.5; P.L.36-2011, SEC.4; P.L.163-2018, SEC.6;
P.L.231-2019, SEC.8; P.L.184-2021, SEC.1; P.L.38-2023,
SEC.2.