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Ind. Code § 29-1-7-17

Contest of wills; requisites; grounds

Known as the Probate Code

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

Applied in 14 court decisions — leading case Troxel v. Troxel (2000)

Most recently applied in Stephanie A. Schrage v. The Audrey R. Seberger Living Trust u/t/d April 27, 2009 John R. O'Drobinak as Successor Trustee (March 2016)

Formerly: Acts 1953, c.112, s.717; Acts 1975, P.L.288, SEC.9

How often courts cite this section

199520002010201630
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. 17. Except as provided in section 16.5 of this chapter, any interested person may contest the validity of any will in the court having jurisdiction over the probate of the will within three (3) months after the date of the order admitting the will to probate by filing in the same court, in a separate cause of action, the person's allegations in writing verified by affidavit, setting forth:

(1) the unsoundness of mind of the testator;

(2) the undue execution of the will;

(3) that the will was executed under duress or was obtained by fraud; or

(4) any other valid objection to the will's validity or the probate of the will.

The executor and all other persons beneficially interested in the will shall be made defendants to the action.

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