2018 Indiana Code
TITLE 29. Probate
ARTICLE 1. PROBATE CODE
CHAPTER 17. Distribution and Discharge
29-1-17-11. Undivided interests; distribution, partition

     Sec. 11. (a) When two (2) or more distributees are entitled to distribution of an undivided interest in any real or personal property of the estate, distribution shall be made of undivided interests in the property unless the personal representative or one (1) or more of the distributees petition the court for partition not later than the hearing on the petition for final distribution. If a petition is filed, the court, after notice is given to all interested persons as the court directs, shall proceed in accordance with IC 32-17-4-2.5. With respect to personal property, the person who files for partition shall conduct a title search with the bureau of motor vehicles (if the personal property is titled) or a search for liens under the Uniform Commercial Code (if the personal property is not titled). The person shall file a copy of the results of the search with the court.

     (b) If a distribution of particular assets of a decedent is to be made to two (2) or more distributees that are entitled to receive fractional shares in the assets, the decedent's personal representative may, under an agreement among the distributees, distribute the particular assets without distributing to each distributee a pro rata share of each asset. However, the personal representative shall:

(1) distribute to each distributee a pro rata share of the total fair market value of all the particular assets as of the date of distribution; and

(2) divide the assets in a manner that results in a fair and equitable division among the distributees of any capital gain or loss on the assets.

Formerly: Acts 1953, c.112, s.1711. As amended by P.L.265-1989, SEC.1; P.L.41-2012, SEC.1.