§ 29-1-7-7.5 — Personal representative; reasonable diligence to discover creditors of decedent; affidavit; presumption of reasonable diligence

Indiana § 29-1-7-7.5

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 7: Probate and Grant of Administration

Text

5. (a) A personal representative shall exercise
reasonable diligence to discover the reasonably ascertainable creditors
of the decedent within one (1) month of the first publication of notice
under section 7 of this chapter.
(b) A personal representative is considered to have exercised
reasonable diligence under subsection (a) if the personal
representative:
(1) conducts a review of the decedent's financial records that are
reasonably available to the personal representative; and
(2) makes reasonable inquiries of the persons who are likely to
have knowledge of the decedent's debts and are known to the
personal representative.
(c) A personal representative may file an affidavit with the clerk of
the court stating that the personal representative has complied with the
requirements of subsection (b). In addition, a personal representative
may petition the court for an order declaring that:
(1) the personal representative has complied with the
requirements of subsection (b); and
(2) any creditors not known to the personal representative after
complying with the requirements of subsection (b) are not
reasonably ascertainable.
(d) If a personal representative complies with the requirements of
subsection (b), the personal representative is presumed to have
exercised reasonable diligence to ascertain creditors of the decedent
and creditors not discovered are presumed not reasonably
ascertainable. The presumptions may be rebutted only by clear and
convincing evidence.

Legislative History

As added by P.L.154-1990, SEC.3. Amended by P.L.252-2001, SEC.13.