Indiana § 29-1-7-5 Petition for probate; letters testamentary; administrator with will
annexed; appointment of administrator

Indiana Statutes

§ 29-1-7-5 — Petition for probate; letters testamentary; administrator with will annexed; appointment of administrator

Indiana § 29-1-7-5

Art. 1PROBATE CODE

Ch. 7Probate and Grant of Administration

This text of Indiana § 29-1-7-5 (Petition for probate; letters testamentary; administrator with will annexed; appointment of administrator) 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 § 29-1-7-5 (2026).

Text

A petition for the probate of a will and for the issuance of letters testamentary or for the appointment of an administrator with the will annexed, or for the appointment of an administrator, shall state:

(1)the name, domicile, and date of the death of the decedent, and whether the decedent is an adult or a minor;

(2)the name, and place of residence of each heir, and whether the heir is an adult or a minor, in the event the decedent left no will; and the name, and place of residence of each legatee and devisee, and whether each legatee and devisee is an adult or a minor, in the event the decedent left a will, so far as such are known or can with reasonable diligence be ascertained by the personal representative;

(3)whether the person named in subdivision (1) died testate or intestate; (

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A petition for the probate of a will and for the
issuance of letters testamentary or for the appointment of an
administrator with the will annexed, or for the appointment of an
administrator, shall state:
(1) the name, domicile, and date of the death of the decedent, and
whether the decedent is an adult or a minor;
(2) the name, and place of residence of each heir, and whether the
heir is an adult or a minor, in the event the decedent left no will;
and the name, and place of residence of each legatee and devisee,
and whether each legatee and devisee is an adult or a minor, in
the event the decedent left a will, so far as such are known or can
with reasonable diligence be ascertained by the personal
representative;
(3) whether the person named in subdivision (1) died testate or
intestate;
(4) if the decedent was not domiciled in the state at the time of
death, a description of the property to be administered which is
within the county in which the petition is filed;
(5) if the will sought to be probated is unwritten, lost, or was
improperly destroyed or suppressed, a detailed statement of the
provisions of said will so far as known;
(6) the name and place of residence or business address of the
person, if any, designated as executor of the will;
(7) if the petition be for the appointment of an administrator with
the will annexed, or of an administrator, the name and place of
residence or business address of the person to be so appointed,
together with a statement of the person's relationship to the
decedent, and such other facts, if any, which entitle such person
to be so appointed;
(8) the name and business address of the attorney who is to
represent the personal representative; and
(9) if the person named in subdivision (1) died intestate, whether
a petition to dissolve the marriage of the decedent and the
decedent's spouse is pending in an Indiana court or the court of
another state at the time of the decedent's death.
Formerly: Acts 1953, c.112, s.705; Acts 1955, c.258, s.3. As
amended by Acts 1976, P.L.125, SEC.1; P.L.182-1999, SEC.2;
P.L.238-2005, SEC.10.