Definitions; rules of construction
Sec. 3. (a) The following definitions apply throughout this article,
unless otherwise apparent from the context:
(1) "Child" includes an adopted child but does not include a
grandchild or other more remote descendants, nor, except as
provided in IC 29-1-2-5, a child born out of wedlock.
(2) "Claims" includes liabilities of a decedent which survive,
whether arising in contract or in tort or otherwise, funeral
expenses, the expense of a tombstone, expenses of
administration, and all taxes imposed by reason of the person's
death. However, for purposes of IC 29-1-2-1 and IC 29-1-3-1,
the term does not include taxes imposed by reason of the
(3) "Court" means the court having probate jurisdiction.
(4) "Decedent" means one who dies testate or intestate.
(5) "Devise" or "legacy", when used as a noun, means a
testamentary disposition of either real or personal property or
(6) "Devise", when used as a verb, means to dispose of either
real or personal property or both by will.
(7) "Devisee" includes legatee, and "legatee" includes devisee.
(8) "Distributee" denotes those persons who are entitled to the
real and personal property of a decedent under a will, under the
statutes of intestate succession, or under IC 29-1-4-1.
(9) "Estate" denotes the real and personal property of the
decedent or protected person, as from time to time changed in
form by sale, reinvestment, or otherwise, and augmented by any
accretions and additions thereto and substitutions therefor and
diminished by any decreases and distributions therefrom.
(10) "Fiduciary" includes a:
(A) personal representative;
(D) trustee; and
(E) person designated in a protective order to act on behalf
of a protected person.
(11) "Heirs" denotes those persons, including the surviving
spouse, who are entitled under the statutes of intestate
succession to the real and personal property of a decedent on
the decedent's death intestate, unless otherwise defined or
limited by the will.
(12) "Incapacitated" has the meaning set forth in IC 29-3-1-7.5.
(13) "Interested persons" means heirs, devisees, spouses,
creditors, or any others having a property right in or claim
against the estate of a decedent being administered. This
meaning may vary at different stages and different parts of a
proceeding and must be determined according to the particular
purpose and matter involved.
(14) "Issue" of a person, when used to refer to persons who take
by intestate succession, includes all lawful lineal descendants
except those who are lineal descendants of living lineal
descendants of the intestate.
(15) "Lease" includes an oil and gas lease or other mineral
(16) "Letters" includes letters testamentary, letters of
administration, and letters of guardianship.
(17) "Minor" or "minor child" or "minority" refers to any
person under the age of eighteen (18) years.
(18) "Mortgage" includes deed of trust, vendor's lien, and
(19) "Net estate" refers to the real and personal property of a
decedent less the allowances provided under IC 29-1-4-1 and
enforceable claims against the estate.
(20) "Person" includes natural persons and corporations.
(21) "Personal property" includes interests in goods, money,
choses in action, evidences of debt, and chattels real.
(22) "Personal representative" includes executor, administrator,
administrator with the will annexed, administrator de bonis non,
and special administrator.
(23) "Property" includes both real and personal property.
(24) "Protected person" has the meaning set forth in
(25) "Real property" includes estates and interests in land,
corporeal or incorporeal, legal or equitable, other than chattels
(26) "Will" includes all wills, testaments, and codicils. The term
also includes a testamentary instrument which merely appoints
an executor or revokes or revives another will.
(b) The following rules of construction apply throughout this
article unless otherwise apparent from the context:
(1) The singular number includes the plural and the plural
number includes the singular.
(2) The masculine gender includes the feminine and neuter.
(Formerly: Acts 1953, c.112, s.103; Acts 1973, P.L.287, SEC.1.) As
amended by Acts 1979, P.L.268, SEC.1; P.L.146-1984, SEC.1;
P.L.152-1987, SEC.8; P.L.33-1989, SEC.31; P.L.254-1997(ss),
SEC.28; P.L.176-2003, SEC.2.
Last modified: May 27, 2006