Bill Text: IN HB1448 | 2013 | Regular Session | Introduced
Bill Title: Claim deadlines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-01-22 - First reading: referred to Committee on Judiciary [HB1448 Detail]
Download: Indiana-2013-HB1448-Introduced.html
Citations Affected: IC 29-1-7-7; IC 29-1-14-1.
Synopsis: Claim deadlines. Removes provisions barring certain claims
filed against a decedent's estate more than nine months after the date
of the decedent's death.
Effective: January 1, 2013 (retroactive).
January 22, 2013, read first time and referred to Committee on Judiciary.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
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Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
probate.
(b) The notice required under subsection (a) shall be published in a newspaper of general circulation, printed in the English language and published in the county where the court is located, once each week for two (2) consecutive weeks. A copy of the notice, with proof of publication, shall be filed with the clerk of the court as a part of the administration of the estate within thirty (30) days after the publication. If no newspaper is published in the county, the notice shall be published in a newspaper published in an adjacent county.
(c) The notice required under subsection (a) shall be served by first class postage prepaid mail on each heir, devisee, legatee, and known creditor whose name and address is set forth in the petition for probate
or letters, except as otherwise ordered by the court. The personal
representative shall furnish sufficient copies of the notice, prepared for
mailing, and the clerk of the court shall mail the notice upon the
issuance of letters.
(d) The personal representative or the personal representative's
agent shall serve notice on each creditor of the decedent:
(1) whose name is not set forth in the petition for probate or
letters under subsection (c);
(2) who is known or reasonably ascertainable within one (1)
month after the first publication of notice under subsection (a);
and
(3) whose claim has not been paid or settled by the personal
representative.
The notice may be served by mail or any other means reasonably
calculated to ensure actual receipt of the notice by a creditor.
(e) Notice under subsection (d) shall be served within one (1) month
after the first publication of notice under subsection (a) or as soon as
possible after the elapse of one (1) month. If the personal representative
or the personal representative's agent fails to give notice to a known or
reasonably ascertainable creditor of the decedent under subsection (d)
within one (1) month after the first publication of notice under
subsection (a), the period during which the creditor may submit a claim
against the estate includes an additional period ending two (2) months
after the date notice is given to the creditor under subsection (d).
However, a claim filed under IC 29-1-14-1(a) more than nine (9)
months after the death of the decedent is barred.
(f) A schedule of creditors that received notice under subsection (d)
shall be delivered to the clerk of the court as soon as possible after
notice is given.
(g) The giving of notice to a creditor or the listing of a creditor on
the schedule delivered to the clerk of the court does not constitute an
admission by the personal representative that the creditor has an
allowable claim against the estate.
(h) If any person entitled to receive notice under this section is
under a legal disability, the notice may be served upon or waived by the
person's natural or legal guardian or by the person who has care and
custody of the person.
(i) The notice shall read substantially as follows:
In the _____________ Court of ______________ County, Indiana.
Notice is hereby given that _________ was, on the ____ day of ______, 20 __, appointed personal representative of the estate of
_________, deceased, who died on the ___ day of ________, 20 __.
All persons who have claims against this estate, whether or not now
due, must file the claim in the office of the clerk of this court within
three (3) months from the date of the first publication of this notice, or
within nine (9) months after the decedent's death, whichever is earlier,
or the claims will be forever barred.
Dated at ________, Indiana, this ___ day of ______, 20 __.
(1) three (3) months after the date of the first published notice to creditors; or
(2) three (3) months after the court has revoked probate of a will, in accordance with IC 29-1-7-21, if the claimant was named as a beneficiary in that revoked will;
whichever is later.
(b) No claim shall be allowed which was barred by any statute of limitations at the time of decedent's death.
(c) No claim shall be barred by the statute of limitations which was not barred at the time of the decedent's death, if the claim shall be filed within:
(1) three (3) months after the date of the first published notice to creditors; or
(2) three (3) months after the court has revoked probate of a will, in accordance with IC 29-1-7-21, if the claimant was named as a beneficiary in that revoked will;
whichever is later.
(b) This section expires January 1, 2014.
