CHAPTER 1. JURISDICTION IN PROBATE MATTERS AND PROBATE OF FOREIGN WILLS
IC 29-2
ARTICLE 2. MISCELLANEOUS PROVISIONS
IC 29-2-1
Chapter 1. Jurisdiction in Probate Matters and Probate of Foreign
Wills
IC 29-2-1-1
Definitions
Sec. 1. As used in this chapter:
(1) "local administration" means administration by a personal
representative appointed in this state pursuant to appointment
proceedings described in article 1 of this title.
(2) "local personal representative" includes any personal
representative appointed in this state pursuant to appointment
proceedings described in article 1 of this title and excludes foreign
personal representatives who acquire the power of a local personal
representative under section 6.
(3) "resident creditor" means a person domiciled in, or doing
business in this state, who is, or could be, a claimant against an estate
of a non-resident decedent.
(4) "non-resident decedent" means a decedent not domiciled in
Indiana at his death.
(5) "foreign personal representative" means a personal
representative appointed in a jurisdiction other than Indiana to
administer a non-resident decedenths estate.
(6) "domiciliary foreign personal representative" means a foreign
personal representative appointed in the jurisdiction where the
decedent was domiciled at the time of his death.
(Formerly: Acts 1881(ss), c.45, s.1; Acts 1975, P.L.288, SEC.39.)
IC 29-2-1-2
Indebtedness to non-resident decedent; payments to domiciliary
foreign personal representative
Sec. 2. At any time after the expiration of forty-five (45) days
from the death of a non-resident decedent, any person indebted to the
estate of the non-resident deceden or having possession or control of
personal property, or of an instrument evidencing a debt, obligation,
sotck or chose in action belonging to the estate of the non-resident
decedent may pay the debt, deliver the personal property, or the
instrument evidencing the debt, obligation, stock or chose in action,
to the domiciliary foreign personal representative of the non-resident
decedent upon being presented with proof of his appointment and an
affidavit made by or on behalf of the representative stating:
(1) the date of the death of the non-resident decedent;
(2) that no local administration, or application or petition therefor,
is pending in this state; and
(3) that the domiciliary foreign personal representative is entitled
to payment or delivery.
(Formerly: Acts 1881(ss), c.45, s.15; Acts 1975, P.L.288, SEC.40.)
IC 29-2-1-3
Payments to domiciliary foreign personal representative; release
of debtor
Sec. 3. Payment or delivery made in good faith on the basis of the
proof of authority and affidavit releases the debtor or person having
possession of the personal property to the same extent as if payment
or delivery had been made to a local personal representative.
(Formerly: Acts 1881(ss), c.45, s.72; Acts 1975, P.L.288, SEC.41.)
IC 29-2-1-4
Payments to domiciliary foreign personal representative; notice by
resident creditor to debtor as bar
Sec. 4. Payment of delivery under section 2 of this chapter may
not be made if a resident creditor of the non-resident decedent has
notified the debtor of the non-resident decedent or the person having
possession of the personal property belonging to the non-resident
decedent that the debt should not be paid nor the property delivered
to the domiciliary foreign personal representative.
(Formerly: Acts 1881(ss), c.45, s.73; Acts 1975, P.L.288, SEC.42.)
IC 29-2-1-5
Domiciliary foreign personal representative; filing copies of
appointment and bond
Sec. 5. If no local administration or application or petition
therefor is pending in this state, a domiciliary foreign personal
representative may file with a court in this state in a county in which
property belonging to the decedent is located, authenticated copies
of his appointment and of any official bond he has given.
(Formerly: Acts 1881(ss), c.45, s.74; Acts 1975, P.L.288, SEC.43.)
IC 29-2-1-6
Domiciliary foreign personal representative; powers
Sec. 6. A domiciliary foreign personal representative who has
complied with section 5 may exercise as to assets in this state all
powers of a local personal representative and may maintain actions
and proceedings in this state subject to any conditions imposed upon
non-resident parties generally.
(Formerly: Acts 1881(ss), c.45, s.138; Acts 1959, c.246, s.1; Acts
1971, P.L.414, SEC.1; Acts 1975, P.L.288, SEC.44.)
IC 29-2-1-7
Domiciliary foreign personal representative; limitation of powers
by local personal representative
Sec. 7. The powers of a domiciliary foreign personal
representative under section 2 or 6 of this chapter shall be exercised
only if there is no administration or application therefor pending in
this state. An application or petition for local administration of the
estate terminates the power of the foreign personal representative to
act under section 6 of this chapter, but the local court may allow the
foreign personal representative to exercise limited powers to preserve
the estate. No person who, before receiving actual notice of a
pending local administration, has changed his position in reliance
upon the powers of a foreign personal representative shall be
prejudiced by reason of the application or petition for, or grant of,
local administration. The local personal representative is subject to
all duties and obligations which have accrued by virtue of the
exercise of the powers by the foreign personal representative and
may be substituted for him in any action or proceedings in the state.
(Formerly: Acts 1881(ss), c.45, s.139; Acts 1971, P.L.414, SEC.2;
Acts 1975, P.L.288, SEC.45.)
IC 29-2-1-8
Non-resident decedents; proceedings; application of law
Sec. 8. In respect to a non-resident decedent, the provisions of
article 1 of this title govern (a) proceedings, if any, in a court of this
state for probate of the will, appointment, removal, supervision, and
discharge of the local personal representative, and any other order
concerning the estate; and (b) the status, powers, duties and liabilities
of any local personal representative and the rights of claimants,
purchasers, distributees and others in regard to a local administration.
(Formerly: Acts 1881(ss), c.45, s.140; Acts 1971, P.L.414, SEC.3;
Acts 1975, P.L.288, SEC.46.)
IC 29-2-1-9
Foreign personal representative; submission to jurisdiction of state
court
Sec. 9. A foreign personal representative submits himself to the
jurisdiction of the courts of this state by (a) filing authenticated
copies of his appointment as provided in section 5 of this chapter, (b)
receiving payment of money or taking delivery of personal property
under section 2 of this chapter, or (c) doing any act as a personal
representative in this state which would have given the state
jurisdiction over him as an individual. Jurisdiction under (b) is
limited to the money or value of personal property collected.
(Formerly: Acts 1975, P.L.288, SEC.47.)
IC 29-2-1-10
Foreign personal representative; subjection to decedent
jurisdiction
Sec. 10. In addition to jurisdiction conferred by section 9 of this
chapter, a foreign personal representative is subject to the
jurisdiction of the courts of this state to the same extent that his
decedent was subject to jurisdiction immediately prior to death.
(Formerly: Acts 1975, P.L.288, SEC.48.)
IC 29-2-1-11
Service of process on foreign personal representative
Sec. 11. (a) Service of process may be made upon the foreign
personal representative by registered or certified mail, addressed to
his last reasonably ascertainable address, requesting a return receipt
signed by addressee only. Notice by ordinary first class mail is
sufficient if registered or certified mail service to the addressee is
unavailable. Service may be made upon a foreign personal
representative in the manner in which service could have been made
under other laws of this state on either the foreign personal
representative or his decedent immediately prior to death.
(b) If service is made upon a foreign personal representative as
provided in subsection (a) of this section, he shall be allowed at least
thirty (30) days within which to appear or respond.
(Formerly: Acts 1975, P.L.288, SEC.49.)
IC 29-2-1-12
Adjudications binding on personal representative
Sec. 12. An adjudication rendered in any jurisdiction in favor of
or against any personal representative of the estate is as binding on
the local personal representative as if he were a party to the
adjudication.
(Formerly: Acts 1975, P.L.288, SEC.50.)