2018 Indiana Code
TITLE 29. Probate
ARTICLE 1. PROBATE CODE
CHAPTER 13. Collection and Management of Assets
29-1-13-6. Real estate interest as personal assets; proceeds from sale of real estate

Universal Citation: IN Code § 29-1-13-6 (2018)
IC 29-1-13-6 Real estate interest as personal assets; proceeds from sale of real estate

     Sec. 6. (a) Unless foreclosure shall have been completed and redemption period shall have expired prior to the death of a decedent, real property mortgages, the interest in the mortgaged premises conveyed thereby, and the debt secured thereby, or any real property acquired by the personal representative in settlement of a debt or liability, or any real property sold by the decedent on written contract, the purchase price of which shall not have been paid in full prior to the death of the decedent, shall be deemed personal assets in the hands of his personal representative and be distributed and accounted for as such, but any sale, mortgage, lease or exchange of any of such real property made after the death of the decedent shall be made pursuant to IC 29-1-15, unless otherwise provided in the will of the decedent.

     (b) In all cases of a sale of real property by a personal representative, upon order of the court the surplus of the proceeds of such sale remaining on the final settlement of the account shall be considered as real property and disposed of among the persons and in the same proportions as the real property would have been if it had not been sold.

Formerly: Acts 1953, c.112, s.1306. As amended by Acts 1982, P.L.171, SEC.34.

 

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