§ 32-17-13-7 — Commencement of proceedings; requirements; time limits; immunity of personal representative

Indiana § 32-17-13-7

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 17: INTERESTS IN PROPERTY
• Ch. 13: Liability of Nonprobate Transferees for Creditor Claims

Text

(a) This subsection applies to a proceeding
commenced under this chapter and a deceased transferor who died
before July 1, 2018, if the personal representative or claimant
commences the proceeding before January 1, 2020. A proceeding
under this chapter may not be commenced unless the personal
representative of the deceased transferor's estate has received a written
demand for the proceeding from a claimant.
(b) This subsection applies to a proceeding commenced under this
chapter and a deceased transferor who died before July 1, 2018, if the
personal representative or claimant commences the proceeding before
January 1, 2020, and the claimant files a timely claim in the deceased
transferor's estate before July 1, 2018. If the personal representative
declines or fails to commence a proceeding within sixty (60) days after
receiving the demand, a person making the demand may commence the
proceeding in the name of the decedent's estate at the expense of the
person making the demand.
(c) This subsection applies to a proceeding commenced under this
chapter and a deceased transferor who died before July 1, 2018, if the
personal representative or claimant commences the proceeding before
January 1, 2020, and the claimant files a timely claim in the deceased
transferor's estate before July 1, 2018. A personal representative who
declines, in good faith, to commence a requested proceeding incurs no
personal liability for declining to commence a proceeding.
(d) This subsection applies to a proceeding commenced under this
chapter with respect to a deceased transferor who dies after June 30,
2018. A proceeding under this chapter may not be commenced unless:
(1) the claimant files a claim in the deceased transferor's estate
and delivers a copy of the claim to each nonprobate transferee
known by the claimant not later than five (5) months after the
deceased transferor's death;
(2) the claimant delivers a written demand for the proceeding to:
(A) the personal representative of the deceased transferor's
estate; and
(B) each known nonprobate transferee; and
(3) except as provided in subsection (j), the written demand has
been filed in the estate not later than seven (7) months after the
deceased transferor's death.
(e) This subsection applies to a proceeding commenced under this
chapter and concerning a deceased transferor who dies after June 30,
2018. The written demand must include the following information:
(1) The cause number of the deceased transferor's estate.
(2) A statement of the claimant's interest in the deceased
transferor's estate and nonprobate transfers, including the date on
which the claimant filed a claim in the deceased transferor's
estate.
(3) A copy of the claim attached as an exhibit to the written
demand.
(4) A description of the nonprobate transfer, including:
(A) a description of the transferred asset, as the asset would be
described under IC 29-1-12-1, regardless of whether the asset
is part of the decedent's probate estate, subject to the redaction
requirements of the Indiana administrative rules, established by
the Indiana supreme court;
(B) a description or copy of the instrument by which the
deceased transferor established the nonprobate transfer, subject
to the redaction requirements of the Indiana administrative
rules, established by the Indiana supreme court; and
(C) the name and mailing address of each nonprobate transferee
known by the claimant.
(f) This subsection applies to a proceeding commenced under this
chapter and concerning a deceased transferor who dies after June 30,
2018. A proceeding under this chapter may not be commenced on
behalf of a claimant if the personal representative has neither allowed
nor disallowed the claimant's claim within the deadlines in IC 29-1-14-10(a) and IC 29-1-14-10(b), unless the claimant's petition to
set the claim for trial in the probate court under IC 29-1-14-10(e) has
been filed within thirty (30) days after the expiration of the deadlines
applicable to the allowance or disallowance of claims under IC 29-1-14-10(a) and IC 29-1-14-10(b).
(g) If the personal representative declines or fails to commence a
proceeding under this chapter within thirty (30) days after receiving the
written demand required under subsection (a) or (d), a person making
the demand may commence the proceeding in the name of the deceased
transferor's estate at the expense of the person making the demand and
not of the estate.
(h) A personal representative who declines in good faith to
commence a requested proceeding incurs no personal liability for
declining.
(i) Nothing in this section shall affect or prevent any action or
proceeding to enforce a valid and otherwise enforceable lien, warrant,
mortgage, pledge, security interest, or other comparable interest against
property included in a nonprobate transfer.
(j) This subsection applies to a proceeding commenced under this
chapter and concerning a deceased transferor who dies after June 30,
2018. A claimant may file the written demand required in subsection
(a) or (d) concurrently with the claimant's filing of a claim in the
deceased transferor's estate, but the claimant shall deliver the written
demand not later than the later of:
(1) seven (7) months after the deceased transferor's death; or
(2) thirty (30) days after the final allowance of the claimant's
claim.

Legislative History

As added by P.L.165-2002, SEC.11. Amended by P.L.6-2010, SEC.23; P.L.163-2018, SEC.19; P.L.231-2019, SEC.41; P.L.56-2020, SEC.15.