Sec. 16. Whenever any interested person files with the court having jurisdiction of an estate a petition showing that such person has reason to believe and does believe that the personal representative of the estate or any other person is indebted to the estate, or that any property is in the possession of the personal representative of the estate or of any other person, and that diligent effort is not being made to collect such indebtedness or to secure possession of such property for the estate, the court shall hold a hearing upon such petition and shall determine what action, if any, shall be taken. Should the court decide that there is sufficient merit in the petitioner's claim to warrant action, it shall direct the personal representative to take such action as the court deems necessary; provided, however, where the person claimed to be indebted to the estate or having in his possession property belonging to the estate is the personal representative or where the court is of the opinion that the personal representative would not or could not for any reason prosecute such action with sufficient vigor, it shall appoint a special administrator to take such action as it shall direct.
Formerly: Acts 1953, c.112, s.1316.
Structure Indiana Code
Chapter 13. Collection and Management of Assets
29-1-13-1. Possession of Property; Duties of Personal Representative
29-1-13-1.5. Access to Safe Deposit Box; Duties of Financial Institutions
29-1-13-2. Preserving Estate; Action to Prevent Loss
29-1-13-3. Actions; Trespass; Waste; Costs; Examine Party
29-1-13-4. Fraudulent Conveyances; Recovery
29-1-13-5. Compromise; Debtor or Obligor
29-1-13-6. Real Estate Interest as Personal Assets; Proceeds From Sale of Real Estate
29-1-13-7. Mortgages; Release and Discharge
29-1-13-8. Valueless Property; Abandonment
29-1-13-9. Embezzlement; Conversion
29-1-13-10. Petitions; Concealment; Embezzlement; Conversion; Adverse Interest; Attachment
29-1-13-11. Business of Decedent; Continuing
29-1-13-12. Conveyance or Lease After Death of Decedent
29-1-13-13. Contracts; Performance by Personal Representative
29-1-13-14. Investment of Funds
29-1-13-17. Action to Enforce a Written Demand or Instruction From a Personal Representative