2019 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 7. Probate and Grant of Administration
29-1-7-23. Real and personal property; devolution; prima facie evidence
Sec. 23. (a) When a person dies, the person's real and personal property passes to persons to whom it is devised by the person's last will or, in the absence of such disposition, to the persons who succeed to the person's estate as the person's heirs; but it shall be subject to the possession of the personal representative and to the election of the surviving spouse and shall be chargeable with the expenses of administering the estate, the payment of other claims and the allowance is under IC 29-1-4-1, except as otherwise provided in IC 29-1.
(b) Prima facie evidence of the devolution of real estate title to distributees under this section may be established by an affidavit containing the following information:
(1) The decedent's name.
(2) The decedent's date of death.
(3) A description of the most recent instrument recorded in the office of the recorder of the county where the real estate is located.
(4) A description of the most recent instrument responsible for conveying title to the real estate.
(5) A description of the conveyed real estate as it appears in the instrument described in subdivision (4).
(6) Identifying information unique to the instrument or instruments described in subdivisions (3) and (4), as applicable, that may be used by the recorder to identify the instrument or instruments, as applicable, in the recorder's records.
(7) An explanation of how title devolved to each distributee under this section, including a recitation of devolution by:
(A) intestate transfer under IC 29-1-2-1; or
(B) a decedent's last will and testament that has been admitted to probate under section 9 of this chapter.
(8) A statement that establishes that:
(A) at least seven (7) months have elapsed since the decedent's death;
(B) no letters testamentary or letters of administration have been issued to a court appointed personal representative for the decedent within the time limits specified under section 15.1(d) of this chapter; and
(C) a probate court has not issued findings and an accompanying order preventing the limitations in section 15.1(b) of this chapter from applying to the decedent's real property.
(9) The name of each distributee known to the affiant.
(10) An explanation of how each portion of the fractional interest that may have devolved among multiple distributees known to the affiant was calculated.
(c) Upon presentation of an affidavit described in subsection (b), the auditor of the county where the real estate described in subsection (b) is located must endorse the affidavit and record the estate title transfer in the auditor's real estate ownership records as an instrument that is exempt from the requirements to file a sales disclosure.
(d) Upon presentation of an affidavit described in subsection (b), the recorder of the county where the real estate described in subsection (b) is located must:
(1) record the affidavit; and
(2) index the affidavit as the most recent instrument responsible for the transfer of the real estate described in subsection (b).
(e) Any person may rely upon an affidavit:
(1) made in good faith; and
(2) under this section;
as evidence of an effective transfer of title of record (as defined in IC 32-20-3-1).
Formerly: Acts 1953, c.112, s.723. As amended by Acts 1976, P.L.125, SEC.2; Acts 1979, P.L.268, SEC.3; P.L.231-2019, SEC.10.
