Indiana § 29-1-8-4.5 Affidavit of entitlement to property; enforcement action; remedies

Indiana Statutes

§ 29-1-8-4.5 — Affidavit of entitlement to property; enforcement action; remedies

Indiana § 29-1-8-4.5

Art. 1PROBATE CODE

Ch. 8Dispensing With Administration

This text of Indiana § 29-1-8-4.5 (Affidavit of entitlement to property; enforcement action; remedies) 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 § 29-1-8-4.5 (2026).

Text

5.

(a)A distributee entitled to payment or delivery of the property belonging to the decedent or someone acting on a distributee's behalf may present to the court having jurisdiction over the decedent's estate an affidavit containing a statement of the conditions required under section 1(b) of this chapter. Upon receipt of the affidavit, the court may, without notice and hearing, enter an order that the distributees identified in the affidavit are entitled to payment or delivery of the property.

(b)A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action under subsection (a) if the person indebted to the decedent or holding property of the decedent, other than an insurer regulated under IC 27:

(1)acted in bad faith in refusing to pay or delive

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5. (a) A distributee entitled to payment or
delivery of the property belonging to the decedent or someone acting
on a distributee's behalf may present to the court having jurisdiction
over the decedent's estate an affidavit containing a statement of the
conditions required under section 1(b) of this chapter. Upon receipt of
the affidavit, the court may, without notice and hearing, enter an order
that the distributees identified in the affidavit are entitled to payment
or delivery of the property.
(b) A court may, upon notice and hearing, award attorney's fees and
costs to a person bringing an action under subsection (a) if the person
indebted to the decedent or holding property of the decedent, other than
an insurer regulated under IC 27:
(1) acted in bad faith in refusing to pay or deliver the property
belonging to the decedent; or
(2) refused to respond within thirty (30) business days after
receiving an affidavit from the person bringing an action under
this section, if the affidavit is consistent with section 1 of this
chapter.
(c) A court may, upon notice and hearing, award attorney's fees and
costs to a person bringing an action under subsection (a) against an
insurer regulated under IC 27 if:
(1) the insurer failed to respond pursuant to IC 27 after receiving
an affidavit from the person; and
(2) the affidavit is consistent with section 1 of this chapter.
As added by Acts 1978, P.L.132, SEC.6. Amended by
P.L.61-2006, SEC.5; P.L.51-2014, SEC.4.