Limitations; filing; claims barred or not; liens; tort claims
Sec. 1. (a) Except as provided in IC 29-1-7-7, all claims against a
decedent's estate, other than expenses of administration and claims
of the United States, the state, or a subdivision of the state, whether
due or to become due, absolute or contingent, liquidated or
unliquidated, founded on contract or otherwise, shall be forever
barred against the estate, the personal representative, the heirs,
devisees, and legatees of the decedent, unless filed with the court in
which such estate is being administered within:
(1) three (3) months after the date of the first published notice
to creditors; or
(2) three (3) months after the court has revoked probate of a
will, in accordance with IC 29-1-7-21, if the claimant was
named as a beneficiary in that revoked will;
whichever is later.
(b) No claim shall be allowed which was barred by any statute of
limitations at the time of decedent's death.
(c) No claim shall be barred by the statute of limitations which
was not barred at the time of the decedent's death, if the claim shall
be filed within:
(1) three (3) months after the date of the first published notice
to creditors; or
(2) three (3) months after the court has revoked probate of a
will, in accordance with IC 29-1-7-21, if the claimant was
named as a beneficiary in that revoked will;
whichever is later.
(d) All claims barrable under subsection (a) shall be barred if not
filed within nine (9) months after the death of the decedent.
(e) Nothing in this section shall affect or prevent any action or
proceeding to enforce any mortgage, pledge, or other lien upon
property of the estate.
(f) Nothing in this section shall affect or prevent the enforcement
of a claim for injury to person or damage to property arising out of
negligence against the estate of a deceased tort feasor within the
period of the statute of limitations provided for the tort action. A tort
claim against the estate of the tort feasor may be opened or reopened
and suit filed against the special representative of the estate within
the period of the statute of limitations of the tort. Any recovery
against the tort feasor's estate shall not affect any interest in the
assets of the estate unless the suit was filed within the time allowed
for filing claims against the estate. The rules of pleading and
procedure in such cases shall be the same as apply in ordinary civil
actions.
(Formerly: Acts 1953, c.112, s.1401; Acts 1961, c.287, s.1; Acts
1975, P.L.288, SEC.20.) As amended by Acts 1980, P.L.179, SEC.1;
P.L.154-1990, SEC.9; P.L.252-2001, SEC.16.
Last modified: May 27, 2006