Indiana § 29-1-7.5-2 Conditions to grant of petition; collateral attack; revocation

Indiana Statutes

§ 29-1-7.5-2 — Conditions to grant of petition; collateral attack; revocation

Indiana § 29-1-7.5-2

Art. 1PROBATE CODE

Ch. 7.5Unsupervised Administration and Claims Against

This text of Indiana § 29-1-7.5-2 (Conditions to grant of petition; collateral attack; revocation) 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 § 29-1-7.5-2 (2026).

Text

(a)The court may grant a petition for administration without court supervision if:

(1)all the persons referred to in either section 1(a)(1) or 1(a)(2) of this chapter have joined in the petition;

(2)the estate is solvent;

(3)the personal representative is qualified to administer the estate without court supervision;

(4)the heirs, or legatees and devisees, or the parent (as defined in IC 29-3-1-11), or if none, the guardian (as defined in IC 29-3-1-6) of an heir, legatee, or devisee, as the case may be, freely consent to and understand the significance of administration without court supervision; and

(5)the will does not request supervised administration.

(b)As an alternative to the requirements of subsection (a), the court may also grant a petition for administration without court s

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(a) The court may grant a petition for
administration without court supervision if:
(1) all the persons referred to in either section 1(a)(1) or 1(a)(2)
of this chapter have joined in the petition;
(2) the estate is solvent;
(3) the personal representative is qualified to administer the estate
without court supervision;
(4) the heirs, or legatees and devisees, or the parent (as defined in
IC 29-3-1-11), or if none, the guardian (as defined in IC 29-3-1-6)
of an heir, legatee, or devisee, as the case may be, freely consent
to and understand the significance of administration without court
supervision; and
(5) the will does not request supervised administration.
(b) As an alternative to the requirements of subsection (a), the court
may also grant a petition for administration without court supervision
if:
(1) the decedent in the will authorized the administration of the
estate to be unsupervised;
(2) the estate is solvent; and
(3) the personal representative is qualified to administer the estate
without court supervision.
(c) Once a petition for administration without court supervision has
been granted under subsection (a) or (b), a personal representative's
authority, under such order, shall not be subject to any requirement of
court approval or confirmation or be open to collateral attack on
account of any defect or irregularity in the proceedings resulting in
issuance of the order of no supervision, if the court issuing the order
had jurisdiction of the estate.
(d) The court may, on its own motion or the motion of an interested
person, revoke an order of unsupervised administration and require an
administration on terms and conditions which the court specifies if the
court finds that such a revocation is in the best interests of the estate,
creditors, taxing authorities, heirs, legatees, or devisees.
Formerly: Acts 1975, P.L.288, SEC.11. As amended by Acts
1977, P.L.297, SEC.1; Acts 1978, P.L.132, SEC.3; Acts 1982, P.L.172,
SEC.1; P.L.169-1988, SEC.3; P.L.264-1989, SEC.1; P.L.182-1999,
SEC.3.