Sec. 10. (a) Upon the filing of a petition by the personal representative or any other person interested in the estate alleging that any person has, or is suspected to have, concealed, embezzled, converted or disposed, of any real or
personal property belonging to the estate of a
decedent, or has possession or knowledge of any such
property or of any instruments
in writing relating to such property, the court having
probate jurisdiction, upon such notice as it may direct, may order such person to appear before it for disclosure, and may finally adjudicate the rights of the parties before the court with respect to such property. Insofar as concerns parties claiming an interest adverse to the estate, such procedure for disclosure or to determine title is an independent proceeding and not with
IC 29-1-7-2.
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Terms Used In Indiana Code 29-1-13-10
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Decedent: A deceased person.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(b) Any person so ordered to appear who fails or refuses to appear, or who refuses to answer concerning such property or to deliver up any such property in which no interest adverse to the estate is claimed by him, may be attached and imprisoned in the discretion of the court.
Formerly: Acts 1953, c.112, s.1310. As amended by Acts 1982, P.L.171, SEC.35.