§ 32-17-13-8 — Deadline for commencement of proceedings

(a) This subsection applies to a proceeding
commenced under this chapter with respect to 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 must be commenced not later than nine (9) months
after the deceased transferor's death. However, a proceeding on behalf
of a creditor whose claim was timely filed may be commenced within:
(1) sixty (60) days after the final allowance of the claim; or
(2) ninety (90) days after demand is made under section 7 of this
chapter if the personal representative declines or fails to
commence a proceeding after receiving the demand.
(b) This subsection applies to a proceeding commenced under this
chapter with respect to a deceased transferor who dies on or after June
30, 2018. A proceeding under this chapter must be commenced not
later than nine (9) months after the deceased transferor's death, but a
proceeding on behalf of a claimant whose claim was timely filed in the
deceased transferor's estate may be commenced after the final
allowance of the claim within the earlier of:
(1) thirty (30) days after the personal representative files in the
deceased transferor's estate after final allowance of the claim a
written notice that the personal representative does not intend to
commence a proceeding under this chapter; or
(2) ninety (90) days after final allowance of the claim if:
(A) the personal representative declines or fails to commence
a proceeding after receiving the demand under section 7 of this
chapter; and
(B) the personal representative does not file a written notice in
the deceased transferor's estate that the personal representative
does not intend to commence a proceeding under this chapter.

Legislative History

As added by P.L.165-2002, SEC.11. Amended by P.L.6-2010, SEC.24; P.L.163-2018, SEC.20; P.L.231-2019, SEC.42.