Indiana § 23-14-48-2 - Establishment of perpetual care fund; limit on withdrawals
Full text of Indiana Indiana Code § 23-14-48-2 — Establishment of perpetual care fund; limit on withdrawals, with citation guidance and answers to common questions.
§ 23-14-48-2. Establishment of perpetual care fund; limit on withdrawals
Sec. 2. (a) The owner of each cemetery shall provide for the creation and establishment of an irrevocable perpetual care fund.
(b) The principal of a perpetual care fund established under this section shall permanently remain intact, except as provided in this chapter.
(c) The following apply to a perpetual care fund unless the perpetual care fund is a trust that has been converted into a total return unitrust under section 2.6 of this chapter:
(1) Fifty percent (50%) of any appreciation of the principal of the fund may be withdrawn annually not more than forty-five (45) days after the end of the fund's fiscal year.
(2) Any income earned by the fund during the fiscal year may be withdrawn quarterly during the fund's fiscal year.
(d) Any withdrawal of:
(1) income from a perpetual care fund under subsection (c)(2); or
(2) appreciation of the principal of a perpetual care fund under subsection (c)(1);
shall be devoted to the perpetual care of the cemetery, including the immediate maintenance needs of the cemetery.
(e) A perpetual care fund established under this section is not subject to attachment by a creditor unless the underlying debt was incurred for the perpetual care or endowment care (as defined in IC 23-14-33-30) of the cemetery for which the fund was established.
As added by P.L.52-1997, SEC.22. Amended by P.L.66-1999, SEC.1; P.L.14-2018, SEC.3; P.L.33-2019, SEC.1.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 23-14-48-2
What does Indiana Code § 23-14-48-2 cover?
Section 23-14-48-2 ("Establishment of perpetual care fund; limit on withdrawals") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 23-14-48-2?
A common citation format is "Indiana Code § 23-14-48-2" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 23-14-48-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.