2016 Indiana Code TITLE 29. PROBATE ARTICLE 1. PROBATE CODE CHAPTER 9. ADJUDICATED COMPROMISE OF CONTROVERSIES
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IC 29-1-9
Chapter 9. Adjudicated Compromise of Controversies
IC 29-1-9-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to section 2 of this chapter by
P.L.118-1997 do not apply to an individual whose death occurs
before July 1, 1997.
As added by P.L.220-2011, SEC.475.
IC 29-1-9-1
Persons represented; creditors; taxing authorities
Sec. 1. The compromise of any contest or controversy as to:
(a) admission to probate of any instrument offered as the last
will of any decedent,
(b) the construction, validity or effect of any such instrument,
(c) the rights or interests in the estate of the decedent of any
person, whether claiming under a will or as heir,
(d) the rights or interests of any beneficiary of any testamentary
trust, or
(e) the administration of the estate of any decedent or of any
testamentary trust,
whether or not there is or may be any person interested who is a
minor or otherwise without legal capacity to act in person or whose
present existence or whereabouts cannot be ascertained, or whether
or not there is any inalienable estate or future contingent interest
which may be affected by such compromise, shall, if made in
accordance with the provisions of this article, be lawful and binding
upon all the parties thereto, whether born or unborn, ascertained or
unascertained, including such as are represented by trustees,
guardians of estates and guardians ad litem; but no such compromise
shall in any way impair the rights of creditors or of taxing
authorities.
(Formerly: Acts 1953, c.112, s.901.) As amended by Acts 1982,
P.L.171, SEC.27.
IC 29-1-9-2
Terms of agreement; execution; guardian ad litem
Sec. 2. (a) The terms of the compromise shall be set forth in an
agreement in writing which shall be executed by all competent
persons having interests or claims which will or may be affected by
the compromise, except those who may be living but whose present
existence or whereabouts is unknown and cannot after diligent search
be ascertained.
(b) Any interested person may then submit the agreement to the
court for its approval and for the purpose of directing the agreement's
execution by the personal representative of the estate, by the trustees
of every testamentary trust which will be affected by the
Indiana Code 2016
compromise, and by the guardians of the estates of minors, of
incapacitated persons, of unborn and unascertained persons, and of
persons whose present existence or whereabouts is unknown and
cannot after diligent search be ascertained, who might be affected by
the compromise.
(c) IC 29-1-1-20 applies if there is any person who, if living, has
an interest which may be affected by the compromise, but whose
present existence or whereabouts cannot after diligent search be
ascertained, or who is a minor or incapacitated and has no guardian
of the estate, or if there is any future contingent interest which might
be taken by any person not then in being and which might be affected
by the compromise.
(Formerly: Acts 1953, c.112, s.902.) As amended by P.L.33-1989,
SEC.38; P.L.118-1997, SEC.18.
IC 29-1-9-3
Notice; order approving agreement
Sec. 3. Upon due notice, in the manner directed by the court, to all
interested persons in being, or to their guardians, and to the
guardians of all unborn persons who may take contingent interests by
the compromise, and to the personal representative of the estate and
to all trustees of testamentary trusts which would be affected by the
compromise, the court shall, if it finds that the contest or controversy
is in good faith and that the effect of the agreement upon the interests
of persons represented by fiduciaries is just and reasonable, make an
order approving the agreement and directing the fiduciaries and
guardians ad litem to execute such agreement. Upon the making of
such order and the execution of the agreement, all further disposition
of the estate shall be in accordance with the terms of the agreement.
(Formerly: Acts 1953, c.112, s.903.)
Indiana Code 2016
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