Sec. 15.1. (a) Whenever any person has died leaving property or any interest in property and no general administration has been commenced on the person’s estate in this state, nor has any will been offered for probate in this state, within five (5) months after the person’s death, any person claiming an interest in such property as heir or through an heir may file a petition in any court which would be of proper venue for the administration of such decedent‘s estate, to determine the heirs of said decedent and their respective interests as heirs in the estate.

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Terms Used In Indiana Code 29-1-17-15.1

  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Probate: Proving a will
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
  • Venue: The geographical location in which a case is tried.
     (b) The petition shall state:

(1) The name, age, domicile and date of death of the decedent;

(2) The names, ages and residence addresses of the heirs, so far as known or can with reasonable diligence be ascertained;

(3) The names and residence addresses of any persons claiming any interest in such property through an heir, so far as known or can by reasonable diligence be ascertained;

(4) A particular description of the property with respect to which such determination is sought; and

(5) The net value of the estate.

     (c) Upon the filing of the petition, the court shall fix the time for the hearing, thereof, notice of which shall be given to:

(1) All persons known or believed to claim any interest in the property as heir or through an heir of the decedent;

(2) All persons who may at the date of the filing of the petition be shown by the records of conveyances of the county in which any real property described in such petition is located to claim any interest therein through the heirs of the decedent; and

(3) Any unknown heirs of the decedent.

Such notice shall be given by publication and, in addition personal notice through the E-filing System of the Indiana Courts or by first class postage prepaid mail, shall be given to every such person whose address is known to the petitioner. Upon satisfactory proofs the court shall make a decree determining the heirs of said decedent and their respective interests as heirs in said property.

     (d) A certified copy of the decree shall be recorded at the expense of the petitioner in each county in which any real property described in the decree is situated except the county in which the decree is entered, and shall be conclusive evidence of the facts determined in the decree as against all parties to the proceedings.

Formerly: Acts 1973, P.L.289, SEC.2; Acts 1975, P.L.288, SEC.37. As amended by P.L.79-2017, SEC.73; P.L.136-2018, SEC.218; P.L.162-2022, SEC.14.

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