Sec. 5. Each personal surety shall execute and file with the court an affidavit that he owns real property, subject to execution, of a value over and above his liabilities, equal to the amount of the bond, and shall include in such affidavit the total amount of his obligations as surety on other official or statutory bonds.
If the amount of the bond exceeds $1,000, the affidavit shall also state:
(a) An adequate description of the real property within this state offered by him as security.
(b) The total amount of the liens, unpaid taxes, other bonds executed and other encumbrances on the property so offered by him as security.
(c) The assessed and market value of such property and the value of the surety's equity over and above all encumbrances, liens, and unpaid taxes.
(d) That the equity in such property so offered is equal to the amount of the bond.
The only provision of this section which shall apply in counties in this state having a population of less than fifty thousand (50,000) according to the last preceding United States census, is the provision that each personal surety shall execute and file with the court an affidavit that he owns real property, subject to execution, of a value over and above his liabilities, including contingent liabilities equal to the amount of the bond.
Formerly: Acts 1953, c.112, s.1105.
Structure Indiana Code
Chapter 11. Bond of Personal Representative
29-1-11-1. Conditions Requiring Execution and Filing
29-1-11-2. Deposit of Money or Assets; Withdrawal
29-1-11-3. Run to State; Joint and Several Liability; Conflict of Laws
29-1-11-4. Joint Representatives; Personal Representative as Surety
29-1-11-5. Affidavit of Surety; Value of Property
29-1-11-6. Sufficiency; Value of Assets; Evidence of Title
29-1-11-7. Failure to Give Bond; Successor; Revocation of Letters
29-1-11-9. New Bond; Release of Surety; Accounting
29-1-11-10. Breach of Obligation; Damages; Intervention
29-1-11-11. Validity; Bound to Full Extent; Action on Defective Bond