2019 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 8. Dispensing With Administration
29-1-8-4.5. Affidavit of entitlement to property; enforcement action; remedies
Sec. 4.5. (a) A distributee entitled to payment or delivery of the property belonging to the decedent or someone acting on a distributee's behalf may present to the court having jurisdiction over the decedent's estate an affidavit containing a statement of the conditions required under section 1(b) of this chapter. Upon receipt of the affidavit, the court may, without notice and hearing, enter an order that the distributees identified in the affidavit are entitled to payment or delivery of the property.
(b) A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action under subsection (a) if the person indebted to the decedent or holding property of the decedent, other than an insurer regulated under IC 27:
(1) acted in bad faith in refusing to pay or deliver the property belonging to the decedent; or
(2) refused to respond within thirty (30) business days after receiving an affidavit from the person bringing an action under this section, if the affidavit is consistent with section 1 of this chapter.
(c) A court may, upon notice and hearing, award attorney's fees and costs to a person bringing an action under subsection (a) against an insurer regulated under IC 27 if:
(1) the insurer failed to respond pursuant to IC 27 after receiving an affidavit from the person; and
(2) the affidavit is consistent with section 1 of this chapter.
As added by Acts 1978, P.L.132, SEC.6. Amended by P.L.61-2006, SEC.5; P.L.51-2014, SEC.4.
