CHAPTER 2. PROBATE COMMISSIONERS
IC 29-2-2
Chapter 2. Probate Commissioners
IC 29-2-2-1
Appointment; salary
Sec. 1. (a) In all counties of this state containing a voting
population of over seven thousand (7,000), as shown by the vote cast
for secretary of state at the last preceding election, the judge of the
circuit court of each of said counties, when he shall find:
(1) that the probate business of his court requires it;
(2) that the interests of heirs under the age of eighteen (18)
years and other beneficiaries of estates, guardianships,
receiverships, and other trusts pending in said court will be
protected and subserved thereby; and
(3) that the same is demanded for the proper protection of such
interests;
shall cause such finding to be entered of record, and thereupon shall
appoint some competent person as probate commissioner of such
court.
(b) In such finding and order of appointment, on proof first heard
in open court, the judge shall fix and specify the annual salary of
such commissioner and the time of payment thereof and shall
thereupon cause to be certified to the auditor of such county a copy
of such finding and order, which shall be sufficient authority for said
auditor to draw his warrant for the payment thereof at the times and
in the amounts in said record set forth.
(Formerly: Acts 1891, c.137, s.1; Acts 1897, c.164, s.1; Acts 1911,
c.269, s.1; Acts 1973, P.L.287, SEC.12.) As amended by
P.L.285-1987, SEC.1.
IC 29-2-2-2
Oath of office; fees and compensation
Sec. 2. Said commissioner shall take and subscribe an oath for the
faithful discharge of his duties, and shall hold his office for the term
of four (4) years, subject to the provisions of this chapter, and for his
services as such commissioner shall receive or be allowed no fees,
emoluments or compensation whatever other than the salary fixed by
said court and required to be paid out of the treasury of said county
as aforesaid, and which salary shall not be increased during his said
term of office.
(Formerly: Acts 1891, c.137, s.2.) As amended by Acts 1982,
P.L.171, SEC.69.
IC 29-2-2-3
Oaths; acknowledgments; removal from office
Sec. 3. Said commissioner shall have power to administer oaths,
take acknowledgments and do all other acts legally pertaining to said
office and necessary to carry into effect the rules or orders of said
court, and he may, at any time, be removed by the court for failure to
properly discharge the duties of his trust.
(Formerly: Acts 1891, c.137, s.3.)
IC 29-2-2-4
Duties defined; records
Sec. 4. At the time of the appointment of said commissioner, or as
soon thereafter as may be practicable, the court shall define the
duties of such commissioner and cause a record thereof to be made
upon the order-book of said court.
(Formerly: Acts 1891, c.137, s.4.)
IC 29-2-2-5
Rules for protection of trusts; speedy transaction of probate
business
Sec. 5. Such court shall have power to make and enforce all
necessary rules for the protection of the several trusts pending
therein, and the requiring of delinquent guardians, administrators or
other trustees to make reports, give new or additional bonds, or
discharge any other duty required of them by law, or the rules of said
court, and may vest such commissioner with all necessary power in
the premises looking to the protection of such trusts and enforcement
of the law and rules of said court in reference thereto, and the proper
and speedy transaction of the probate business of such court, as the
court, in its discretion, may deem advisable and necessary.
(Formerly: Acts 1891, c.137, s.5.)
IC 29-2-2-6
Dispensing with services; salary
Sec. 6. At any time after the appointment of such commissioner,
when such court shall deem that his services may be dispensed with,
either for a certain or indefinite length of time, without detriment to
the business of said court, or the interests of the trusts therein
pending, the court shall enter of record its finding to that effect and
cause the same to be certified to the auditor of such county, and
thereupon, during the time so specified in such finding, the salary of
such commissioner shall cease and his services during said time be
dispensed with, the said commissioner to again assume his duties and
receive his salary therefor only when the court shall so order.
(Formerly: Acts 1891, c.137, s.6.)