Sec. 13. The trial of a claim under this chapter shall be conducted as in ordinary civil cases, and if the finding is for the claimant the court shall allow the claim in full or in part, and costs, to be paid out of the assets of the estate under section 19 of this chapter. If the claim sued on is secured by a lien upon property of the deceased, the date and extent shall be ascertained and fixed by the finding and judgment. If the finding is in favor of the personal representative upon a set-off or counter-claim, judgment shall be rendered thereon as in ordinary cases. If a set-off or counter-claim is pleaded, and the claim is afterward dismissed, the personal representative may nevertheless proceed to trial and judgment on the set-off or counter-claim.
Formerly: Acts 1953, c.112, s.1413. As amended by P.L.118-1997, SEC.21.
Structure Indiana Code
Chapter 14. Claims Against the Estate
29-1-14-0.1. Application of Certain Amendments to Chapter
29-1-14-1. Limitations; Filing; Claims Barred or Not; Liens; Tort Claims
29-1-14-2. Actions; Definite Statement; Personal Representative Actions; Deductions From Claims
29-1-14-3. Future Claims; Payment; Bonds
29-1-14-4. Actions; Joint Contracts and Judgment
29-1-14-5. Joint Contracts and Judgments Deemed Joint and Several
29-1-14-6. Secured Claims, Allowance, and Payment
29-1-14-7. Contingent Claims; Payment; Bond of Distributee
29-1-14-8. Contingent Claims; Liability of Distributees; Contribution
29-1-14-9. Classification of Claims; Preferences
29-1-14-10. Allowance; Disallowance; Expenses of Administration
29-1-14-11. Inquiry Into Correctness; Liability on Bond
29-1-14-12. Trial; Pleading; Dismissal
29-1-14-13. Trial of Claims; Judgment; Set-Off or Counterclaim
29-1-14-14. Petitions; Defend Claims; Objections to Payment
29-1-14-15. Execution; Final Process; Payment; Mortgages, Pledges, or Liens; Enforcement
29-1-14-16. Liens and Mortgages, Enforcement; Sale of Real Estate; Exception
29-1-14-17. Personal Representative Claims
29-1-14-18. Compromise of Claims
29-1-14-19. Payment of Claims; Bond or Security of Creditor; Report of Insolvency
29-1-14-20. Mortgage; Pledge; Lien; Payment; Renewal; Extension