Sec. 20. When any assets of the estate are encumbered by mortgage, pledge or other lien, the personal representative may pay such encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance or may convey or transfer such assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has filed a claim, if it appears to be for the best interest of the estate. As to any such conveyance or transfer the personal representative must obtain prior authorization of the court and as to any such payment, renewal or extension the personal representative must obtain prior authorization or subsequent approval of the court. The making of such payment shall not increase the share of the distributee entitled to such encumbered assets unless otherwise provided by will.
Formerly: Acts 1953, c.112, s.1420.
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