Sec. 5. When it appears for the best interest of the estate, the personal representative may on order of the court effect a fair and reasonable compromise with any debtor or other obligor, or extend, renew or in any manner modify the terms of any obligation owing to the estate. If the personal representative holds a mortgage, pledge or other lien upon property of another person, he may, in lieu of foreclosure, accept a conveyance or transfer of such encumbered assets from the owner thereof in satisfaction of the indebtedness secured by such lien, if it appears for the best interest of the estate and if the court shall so order. In the absence of prior authorization or subsequent approval of the court, no compromise shall bind the estate.
Ind. Code § 29-1-13-5
Compromise; debtor or obligor
Known as the Probate Code
The act spans §§ 29-1-10-0.1 to 29-1-9-3 (324 sections).
Applied in 2 court decisions — leading case Inlow v. Henderson, Daily, Withrow & DeVoe (2003)
Most recently applied in Inlow v. Henderson, Daily, Withrow & DeVoe (April 2003)
Formerly: Acts 1953, c.112, s.1305.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.