Petition for probate; letters testamentary; administrator with will
annexed; appointment of administrator
Sec. 5. A petition for the probate of a will and for the issuance of
letters testamentary or for the appointment of an administrator with
the will annexed, or for the appointment of an administrator, shall
state:
(1) the name, domicile, and date of the death of the decedent,
and whether the decedent is an adult or a minor;
(2) the name, and place of residence of each heir, and whether
the heir is an adult or a minor, in the event the decedent left no
will; and the name, and place of residence of each legatee and
devisee, and whether each legatee and devisee is an adult or a
minor, in the event the decedent left a will, so far as such are
known or can with reasonable diligence be ascertained by the
personal representative;
(3) whether the person named in subdivision (1) died testate or
intestate;
(4) if the decedent was not domiciled in the state at the time of
death, a description of the property to be administered which is
within the county in which the petition is filed;
(5) if the will sought to be probated is unwritten, lost, or was
improperly destroyed or suppressed, a detailed statement of the
provisions of said will so far as known;
(6) the name and place of residence or business address of the
person, if any, designated as executor of the will;
(7) if the petition be for the appointment of an administrator
with the will annexed, or of an administrator, the name and
place of residence or business address of the person to be so
appointed, together with a statement of the person's relationship
to the decedent, and such other facts, if any, which entitle such
person to be so appointed;
(8) the name and business address of the attorney who is to
represent the personal representative; and
(9) if the person named in subdivision (1) died intestate,
whether a petition to dissolve the marriage of the decedent and
the decedent's spouse is pending in an Indiana court or the court
of another state at the time of the decedent's death.
(Formerly: Acts 1953, c.112, s.705; Acts 1955, c.258, s.3.) As
amended by Acts 1976, P.L.125, SEC.1; P.L.182-1999, SEC.2;
P.L.238-2005, SEC.10.
Last modified: May 27, 2006