Indiana § 29-1-10-1 - Letters testamentary; letters of general administration; persons to whom granted; order; qualifications

§ 29-1-10-1. Letters testamentary; letters of general administration; persons to whom granted; order; qualifications

Sec. 1. (a) Domiciliary letters testamentary or domiciliary letters of general administration may be granted to one (1) or more of the persons mentioned in this subsection, natural or corporate, who are not disqualified, in the following order:

(1) To the executor or executors designated in a will that has been admitted to probate.

(2) To a surviving spouse who is a devisee in a will that has been admitted to probate.

(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) Except as provided in subsection (g), 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.

(g) A court may order that a convicted felon may serve as a domiciliary personal representative upon consideration of the following:

(1) The amount of time that has elapsed since the person was convicted of a felony.

(2) The nature of the felony conviction.

(3) Whether the felony conviction is no longer a felony charge under current law.

(4) Whether the felony conviction has been expunged.

(5) Whether the person's felony conviction was acknowledged in the testator's will or in a consent signed by the distributees.

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; P.L.99-2024, SEC.8.