Ind. Code § 32-17-13-8
Deadline for commencement of proceedings
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 8. (a) A proceeding under this chapter must be commenced not later than nine (9) months after the deceased transferor's death, but a proceeding on behalf of a claimant whose claim was timely filed in the deceased transferor's estate may be commenced not later than sixty (60) days after the personal representative of the deceased transferor's estate has received a timely written demand if the personal representative declines or fails to commence a proceeding under this chapter after the time limits specified in section 7 of this chapter.
Sec. 8. (a) This subsection applies to a proceeding commenced under this chapter with respect to a deceased transferor who died before July 1, 2018, if the personal representative or claimant commences the proceeding before January 1, 2020. A proceeding under this chapter must be commenced not later than nine (9) months after the deceased transferor's death. However, a proceeding on behalf of a creditor whose claim was timely filed may be commenced within:
(b) Notwithstanding any other provision in this chapter, a proceeding under this chapter must be commenced not later than two (2) years after the deceased transferor's death.
(1) sixty (60) days after the final allowance of the claim; or
(2) ninety (90) days after demand is made under section 7 of this chapter if the personal representative declines or fails to commence a proceeding after receiving the demand.
(b) This subsection applies to a proceeding commenced under this chapter with respect to a deceased transferor who dies on or after June 30, 2018. A proceeding under this chapter must be commenced not later than nine (9) months after the deceased transferor's death, but a proceeding on behalf of a claimant whose claim was timely filed in the deceased transferor's estate may be commenced after the final allowance of the claim within the earlier of:
(1) thirty (30) days after the personal representative files in the deceased transferor's estate after final allowance of the claim a written notice that the personal representative does not intend to commence a proceeding under this chapter; or
(2) ninety (90) days after final allowance of the claim if:
(A) the personal representative declines or fails to commence a proceeding after receiving the demand under section 7 of this chapter; and
(B) the personal representative does not file a written notice in the deceased transferor's estate that the personal representative does not intend to commence a proceeding under this chapter.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.