Indiana Code 29-1-7-7.5. Personal representative; reasonable diligence to discover creditors of decedent; affidavit; presumption of reasonable diligence
(b) A personal representative is considered to have exercised reasonable diligence under subsection (a) if the personal representative:
Terms Used In Indiana Code 29-1-7-7.5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- 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.
- Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
(2) makes reasonable inquiries of the persons who are likely to have knowledge of the decedent’s debts and are known to the personal representative.
(c) A personal representative may file an affidavit with the clerk of the court stating that the personal representative has complied with the requirements of subsection (b). In addition, a personal representative may petition the court for an order declaring that:
(1) the personal representative has complied with the requirements of subsection (b); and
(2) any creditors not known to the personal representative after complying with the requirements of subsection (b) are not reasonably ascertainable.
(d) If a personal representative complies with the requirements of subsection (b), the personal representative is presumed to have exercised reasonable diligence to ascertain creditors of the decedent and creditors not discovered are presumed not reasonably ascertainable. The presumptions may be rebutted only by clear and convincing evidence.
As added by P.L.154-1990, SEC.3. Amended by P.L.252-2001, SEC.13.