Indiana § 34-45-2-5 - Contract actions involving heirs or devisees; competent witnesses
Full text of Indiana Indiana Code § 34-45-2-5 — Contract actions involving heirs or devisees; competent witnesses, with citation guidance and answers to common questions.
§ 34-45-2-5. Contract actions involving heirs or devisees; competent witnesses
Sec. 5. (a) This section applies to suits by or against heirs or devisees founded on a contract with or demand against an ancestor:
(1) to obtain title to or possession of property, real or personal, of, or in right of, the ancestor; or
(2) to affect property described in subdivision (1) in any manner.
(b) This section does not apply in a proceeding to contest the validity of a:
(1) will; or
(2) trust.
(c) Except as provided in subsection (d), neither party to a suit described in subsection (a) is a competent witness as to any matter that occurred before the death of the ancestor.
(d) A custodian or other qualified witness in a suit described in subsection (a) may present evidence that is admissible under Indiana Evidence Rule 803(6).
[Pre-1998 Recodification Citation: 34-1-14-7.]
As added by P.L.1-1998, SEC.41. Amended by P.L.33-2004, SEC.1.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 34-45-2-5
What does Indiana Code § 34-45-2-5 cover?
Section 34-45-2-5 ("Contract actions involving heirs or devisees; competent witnesses") 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 § 34-45-2-5?
A common citation format is "Indiana Code § 34-45-2-5" (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 § 34-45-2-5 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.