Ind. Code § 29-1-13-1

Possession of property; duties of personal representative

Known as the Probate Code

The act spans §§ 29-1-10-0.1 to 29-1-9-3 (324 sections).

Applied in 8 court decisions — leading case Montgomery v. Supervised Administration of the Estate of Montgomery (1997)

Most recently applied in In Re Estate of Lee (September 2011)

Formerly: Acts 1953, c.112, s.1301; Acts 1973, P.L.287, SEC.7

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 1. Every personal representative shall have a right to take, and shall take, possession of all the real and personal property of the decedent. The personal representative:

(1) shall pay the taxes and collect the rents and earnings thereon until the estate is settled or until delivered by order of the court to the distributees;

(2) shall keep in tenantable repair the buildings and fixtures under the personal representative's control;

(3) may protect the buildings and fixtures under the personal representative's control by insurance; and

(4) may maintain an action:

(A) for the possession of real property; or

(B) to determine the title to real property.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.