CHAPTER 5. ADMINISTRATION OF ESTATE OF INTESTATE ABSENTEE
IC 29-2-5
Chapter 5. Administration of Estate of Intestate Absentee
IC 29-2-5-1
Five years absence; presumption of death
Sec. 1. (a) When any resident of Indiana is absent from the
individual's usual place of residence and gone to parts unknown for
a period of five (5) years, without having made any sufficient
provision for the care and management of the individual's property,
real or personal, and the court having probate jurisdiction in the
county where the individual last resided or where the property is
situated determines that:
(1) the individual's property is suffering waste for want of
proper care; or
(2) the family of the individual is in need of the use and
proceeds of the property for support or education (or that the
sale of the property, or part thereof, is necessary for the
payment of the individual's debts);
it shall be presumed and taken by the court that the individual is
dead. The court has jurisdiction over the estate of the individual in
the same manner and to the same extent as if the individual were
dead. The court shall appoint an administrator of the individual's
estate, who shall have all of the powers and rights over the estate and
be subject to all of the liabilities and duties that appertain to
administrators of decedents' estates.
(b) Before the court may determine that an individual should be
presumed dead, notice to the individual must be published once each
week for three (3) consecutive weeks, with the first notice published
more than thirty (30) days before the hearing in a newspaper of
general circulation in the county where the individual last resided or
where the individual's property is located.
(c) The will of an individual who is presumed dead under this
section is admissible to probate under IC 29-1 and shall be probated
as the will of a deceased individual.
(Formerly: Acts 1859, c.4, s.1; Acts 1861, c.52, s.1; Acts 1911,
c.285, s.1.) As amended by P.L.263-1989, SEC.2; P.L.4-2003, SEC.6.
IC 29-2-5-2
Discharge of administrator; return of absentee
Sec. 2. Such administrator shall not be discharged on the return
and reappearance of such person until discharged by the court, but
shall retain his powers and rights and be subject to all his official
liabilities and duties until so discharged.
(Formerly: Acts 1859, c.4, s.2.)
IC 29-2-5-3
Repealed
(Repealed by Acts 1975, P.L.289, SEC.3.)
IC 29-2-5-4
Guardians; appointment
Sec. 4. Such court shall have power to appoint guardians of the
persons and estates of the children under eighteen (18) years of age
of such departed person, who shall have all the powers and rights,
and be subject to all the duties and liabilities, in relation to such
children and their estates, which appertain to guardians of heirs
under eighteen (18) years of age and their estates, under IC 34-9-2.
(Formerly: Acts 1859, c.4, s.4; Acts 1973, P.L.287, SEC.13.) As
amended by P.L.1-1998, SEC.157.
IC 29-2-5-5
Distribution of estates; bond; trustee
Sec. 5. (a) The property of such departed person, real and
personal, and all his rights, obligations and choses in action, shall be
subject to the same liabilities, incidents, rights, management and
disposal under this chapter, in all respects, as if such person were
known to be deceased; and all adjudications and acts done by such
administrator or guardian shall be valid, effectual and binding on
such person should he return, as if they were his own acts, the acts
and doings of such administrator and guardian being in good faith
and without fraud.
(b) Before any distribution of the estate of such absentee shall be
made to the person or persons entitled to receive it, he or they shall
give security, to the approval of the proper circuit or superior court
or probate court of the county having jurisdiction thereof, in such
sum as the court shall direct, and conditioned that if the absentee
shall, in fact, be at the time alive, he or they will, respectively, refund
the amounts received by each, on demand, with interest; said bond
to run and be in force for the period of three (3) years from the date
of the issuing of letters of administration by said court, and if, during
said period of three (3) years, the absentee shall not appear and
demand said estate, the rights of the absentee thereto shall be barred;
but if the person or persons entitled to receive the same is or are
unable to give the security aforesaid, then the court shall appoint a
trustee, who shall give bond for the faithful performance of his duties
in one and one-half times the amount of such money, with sufficient
sureties, who shall invest said money at interest as the court may
direct, which interest is to be paid annually to the person or persons
entitled to it, and the money to remain at interest until the security
aforesaid is given, and if the absentee does not appear and demand
said money within said period of three (3) years, the court shall order
it to be paid to the person or persons entitled to it absolutely.
(c) The provisions of this section shall apply to all pending and
future administrations of such estates of absentees.
(Formerly: Acts 1859, c.4, s.5; Acts 1913, c.326, s.1.) As amended by
Acts 1982, P.L.171, SEC.70.