Sec. 8. (a) This subsection applies to a proceeding commenced under this chapter with respect to a deceased transferor who died before July 1, 2018, if the personal representative or claimant commences the proceeding before January 1, 2020. A proceeding under this chapter must be commenced not later than nine (9) months after the deceased transferor’s death. However, a proceeding on behalf of a creditor whose claim was timely filed may be commenced within:

(1) sixty (60) days after the final allowance of the claim; or

Terms Used In Indiana Code 32-17-13-8

  • claimant: means the surviving spouse or a surviving child, to the extent that statutory allowances are affected, or a person who has filed a timely claim in a deceased transferor's probate estate under IC 29-1-14, and is entitled to enforce the claim against a transferee of a nonprobate transfer. See Indiana Code 32-17-13-2
(2) ninety (90) days after demand is made under section 7 of this chapter if the personal representative declines or fails to commence a proceeding after receiving the demand.

     (b) This subsection applies to a proceeding commenced under this chapter with respect to a deceased transferor who dies on or after June 30, 2018. A proceeding under this chapter must be commenced not later than nine (9) months after the deceased transferor’s death, but a proceeding on behalf of a claimant whose claim was timely filed in the deceased transferor’s estate may be commenced after the final allowance of the claim within the earlier of:

(1) thirty (30) days after the personal representative files in the deceased transferor’s estate after final allowance of the claim a written notice that the personal representative does not intend to commence a proceeding under this chapter; or

(2) ninety (90) days after final allowance of the claim if:

(A) the personal representative declines or fails to commence a proceeding after receiving the demand under section 7 of this chapter; and

(B) the personal representative does not file a written notice in the deceased transferor’s estate that the personal representative does not intend to commence a proceeding under this chapter.

As added by P.L.165-2002, SEC.11. Amended by P.L.6-2010, SEC.24; P.L.163-2018, SEC.20; P.L.231-2019, SEC.42.

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