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Ind. Code § 29-1-13-6

Real estate interest as personal assets; proceeds from sale of real estate

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 In re Jones (1985)

Most recently applied in In the Matter of George William Jones and Grace Eilene Jones, Debtors. Appeal of Ward W. Miller, Trustee (July 1985)

Formerly: Acts 1953, c.112, s.1306

Sec. 6. (a) Unless foreclosure shall have been completed and redemption period shall have expired prior to the death of a decedent, real property mortgages, the interest in the mortgaged premises conveyed thereby, and the debt secured thereby, or any real property acquired by the personal representative in settlement of a debt or liability, or any real property sold by the decedent on written contract, the purchase price of which shall not have been paid in full prior to the death of the decedent, shall be deemed personal assets in the hands of his personal representative and be distributed and accounted for as such, but any sale, mortgage, lease or exchange of any of such real property made after the death of the decedent shall be made pursuant to IC 29-1-15, unless otherwise provided in the will of the decedent.

(b) In all cases of a sale of real property by a personal representative, upon order of the court the surplus of the proceeds of such sale remaining on the final settlement of the account shall be considered as real property and disposed of among the persons and in the same proportions as the real property would have been if it had not been sold.

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