Sec. 3. (a) If an action commenced against the decedent before the decedent’s death, the action is continued by substituting the decedent’s personal representatives, as in other actions surviving the defendant‘s death.

     (b) If the action is brought after the death of a defendant, then the action is prosecuted as are other claims against the decedent’s estate.

[Pre-1998 Recodification Citation: 34-1-1-1(c).]

As added by P.L.1-1998, SEC.4.

Terms Used In Indiana Code 34-9-3-3

  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.