Sec. 5. The naming of any person as executor in a will shall not operate as a discharge or bequest of any right of action which the testator had against such executor, but such right of action, if it survives, shall be included among the assets of the decedent in the inventory. If the personal representative is or becomes insolvent, debts owed by him to the decedent shall not be deemed assets in his hands in determining the liability on his bond.
Ind. Code § 29-1-12-5
Right of action against executor; insolvent personal representative
Known as the Probate Code
The act spans §§ 29-1-10-0.1 to 29-1-9-3 (324 sections).
Formerly: Acts 1953, c.112, s.1205.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.