Indiana § 29-1-8-4.5 - Affidavit of entitlement to property; enforcement action; remedies
Full text of Indiana Indiana Code § 29-1-8-4.5 — Affidavit of entitlement to property; enforcement action; remedies, with citation guidance and answers to common questions.
§ 29-1-8-4.5. Affidavit of entitlement to property; enforcement action; remedies
Sec. 4.5. (a) A distributee entitled to payment or delivery of the property belonging to the decedent or someone acting on a distributee's behalf may present to the court having jurisdiction over the decedent's estate an affidavit containing a statement of the conditions required under section 1(b) of this chapter. Upon receipt of the affidavit, the court may, without notice and hearing, enter an order that the distributees identified in the affidavit are entitled to payment or delivery of the property.
(b) A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action under subsection (a) if the person indebted to the decedent or holding property of the decedent, other than an insurer regulated under IC 27:
(1) acted in bad faith in refusing to pay or deliver the property belonging to the decedent; or
(2) refused to respond within thirty (30) business days after receiving an affidavit from the person bringing an action under this section, if the affidavit is consistent with section 1 of this chapter.
(c) A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action under subsection (a) against an insurer regulated under IC 27 if:
(1) the insurer failed to respond pursuant to IC 27 after receiving an affidavit from the person; and
(2) the affidavit is consistent with section 1 of this chapter.
As added by Acts 1978, P.L.132, SEC.6. Amended by P.L.61-2006, SEC.5; P.L.51-2014, SEC.4.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 29-1-8-4.5
What does Indiana Code § 29-1-8-4.5 cover?
Section 29-1-8-4.5 ("Affidavit of entitlement to property; enforcement action; remedies") 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 § 29-1-8-4.5?
A common citation format is "Indiana Code § 29-1-8-4.5" (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 § 29-1-8-4.5 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.