Sec. 14. (a) As used in this section, “devisee” shall include any person prosecuting or defending any will under IC 29-1-7-16 or IC 29-1-7-17.5 and, if multiple wills are being challenged under IC 29-1-7-17.5, any person prosecuting or defending a will next prior to the earliest will being challenged under IC 29-1-7-17.5.

     (b) When any person designated as executor in a will, or the administrator with the will annexed, or if at any time there be no such representative, then any devisee therein, defends it or prosecutes any proceedings in good faith and with just cause for the purpose of having it admitted to probate, whether successful or not, the devisee shall be allowed out of the estate the devisee’s necessary expenses and disbursements including reasonable attorney‘s fees in such proceedings.

Formerly: Acts 1953, c.112, s.1014. As amended by P.L.231-2019, SEC.16.

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Terms Used In Indiana Code 29-1-10-14

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Executor: A male person named in a will to carry out the decedent
  • Probate: Proving a will