Indiana Code 29-1-10-1. Letters testamentary; letters of general administration; persons to whom granted; order; qualifications
(1) To the executor or executors designated in a will that has been admitted to probate.
Terms Used In Indiana Code 29-1-10-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
- Personal property: All property that is not real property.
- Probate: Proving a will
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Service of process: The service of writs or summonses to the appropriate party.
- United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(3) To a devisee in a will that has been admitted to probate.
(4) To the surviving spouse, or to the person or persons nominated by the surviving spouse or to the surviving spouse and the person or persons nominated by the surviving spouse.
(5) To:
(A) an heir;
(B) the person or persons nominated by an heir; or
(C) an heir and the person or persons nominated by an heir.
(6) If there is not a person listed in subdivisions (1) through (5), then to any other qualified person.
(b) No person is qualified to serve as a domiciliary personal representative who is:
(1) under eighteen (18) years of age;
(2) incapacitated unless the incapacity is caused only by:
(A) physical illness;
(B) physical impairment; or
(C) physical infirmity;
(3) a convicted felon, either under the laws of the United States or of any state or territory of the United States;
(4) a resident corporation not authorized to act as a fiduciary in this state; or
(5) a person whom the court finds unsuitable.
(c) A nonresident individual or corporate fiduciary may qualify and serve as a joint personal representative with a resident personal representative only by:
(1) filing with the court that has jurisdiction of the administration of the decedent‘s estate a bond in an amount:
(A) not less than:
(i) the probable value of the estate’s personal property; plus
(ii) the estimated rents and profits to be derived from the property in the estate during the probate period; and
(B) not greater than the probable gross value of the estate; and
(2) otherwise meeting the qualifications of subsection (b).
If the court authorizes the joint personal representative to administer the estate without court supervision under IC 29-1-7.5, the court may exercise its discretion under IC 29-1-7.5-2.5(c) to increase, decrease, or waive the bond that the nonresident joint personal representative would otherwise be required to file under this subsection.
(d) A nonresident individual who otherwise qualifies under subsection (b) may qualify to serve as a personal representative in Indiana only by filing with the court that has jurisdiction of the administration of the decedent’s estate:
(1) notice in writing of the individual’s acceptance of the appointment as personal representative;
(2) notice of the appointment of a resident agent to accept service of process, notices, and other documents; and
(3) a bond in an amount:
(A) not less than:
(i) the probable value of the estate’s personal property; plus
(ii) the estimated rents and profits to be derived from the property in the estate during the probate period; and
(B) not greater than the probable gross value of the estate.
If the court authorizes the nonresident personal representative to administer the estate without court supervision under IC 29-1-7.5, the court may exercise its discretion under IC 29-1-7.5-2.5(c) to increase, decrease, or waive the bond that the nonresident personal representative would otherwise be required to file under subdivision (3).
(e) If a personal representative becomes a nonresident of this state, the representative remains qualified to serve only if the representative files with the court that has jurisdiction of the administration of the estate a bond in an amount:
(1) not less than:
(A) the probable value of the estate’s personal property; plus
(B) the estimated rents and profits to be derived from the property in the estate during the probate period; and
(2) not greater than the probable gross value of the estate.
If the court previously authorized the personal representative to administer the estate without court supervision under IC 29-1-7.5, the court may exercise its discretion under IC 29-1-7.5-2.5(c) to increase, decrease, or waive the bond that the nonresident personal representative would otherwise be required to file under this subsection.
(f) A nonresident individual who satisfies the conditions of subsection (d) or (e) submits personally to the jurisdiction of the court in any proceeding that relates to the estate of the decedent.
Formerly: Acts 1953, c.112, s.1001; Acts 1973, P.L.287, SEC.5; Acts 1975, P.L.289, SEC.2. As amended by Acts 1982, P.L.173, SEC.1; P.L.33-1989, SEC.39; P.L.118-1997, SEC.19; P.L.38-2023, SEC.8.