Sec. 2. At any time after the expiration of forty-five (45) days from the death of a non-resident decedent, any person indebted to the estate of the non-resident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the non-resident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the non-resident decedent upon being presented with proof of the representative’s appointment and an affidavit made by or on behalf of the representative stating:

(1) the date of the death of the non-resident decedent;

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Terms Used In Indiana Code 29-2-1-2

  • 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.
  • Decedent: A deceased person.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Personal property: All property that is not real property.
  • Personal property: includes goods, chattels, evidences of debt, and things in action. See Indiana Code 1-1-4-5
(2) that no local administration, or application or petition therefor, is pending in this state; and

(3) that the domiciliary foreign personal representative is entitled to payment or delivery.

Formerly: Acts 1881(ss), c.45, s.15; Acts 1975, P.L.288, SEC.40. As amended by P.L.137-2021, SEC.9.