Determination of intestacy; presentation of will for probate; time
limits; sale of property
Sec. 15.1. (a) When it has been determined that a decedent died
intestate and letters of administration have been issued upon the
decedent's estate, no will shall be probated unless it is presented for
probate before the court decrees final distribution of the estate.
(b) No real estate situate in Indiana of which any person may die
seized shall be sold by the executor or administrator of the deceased
person's estate to pay any debt or obligation of the deceased person,
which is not a lien of record in the county in which the real estate is
situate, or to pay any costs of administration of any decedent's estate,
unless letters testamentary or of administration upon the decedent's
estate are taken out within five (5) months after the decedent's death.
(c) The title of any real estate or interest therein purchased in
good faith and for a valuable consideration from the heirs of any
person who died seized of the real estate shall not be affected or
impaired by any devise made by the person of the real estate so
purchased, unless:
(1) the will containing the devise has been probated and
recorded in the office of the clerk of the court having
jurisdiction within five (5) months after the death of the
testator; or
(2) an action to contest the will's validity is commenced within
the time provided by law and, as a result, the will is ultimately
probated.
(d) The will of the decedent shall not be admitted to probate
unless the will is presented for probate not more than three (3) years
after the individual's death. However, in the case of an individual
presumed dead under IC 29-2-5-1, the three (3) year period
commences with the date the individual's death has been established
by appropriate legal action.
(Formerly: Acts 1973, P.L.289, SEC.1; Acts 1975, P.L.288, SEC.8.)
As amended by P.L.263-1989, SEC.1; P.L.238-2005, SEC.11.
Last modified: May 27, 2006