Sec. 17. Any interested person may contest the validity of any will in the court having jurisdiction over the probate of the will within three (3) months after the date of the order admitting the will to probate by filing in the same court, in a separate cause of action, the person's allegations in writing verified by affidavit, setting forth:
(1) the unsoundness of mind of the testator;
(2) the undue execution of the will;
(3) that the will was executed under duress or was obtained by fraud; or
(4) any other valid objection to the will's validity or the probate of the will.
The executor and all other persons beneficially interested in the will shall be made defendants to the action.
Formerly: Acts 1953, c.112, s.717; Acts 1975, P.L.288, SEC.9. As amended by P.L.172-1986, SEC.1; P.L.284-1987, SEC.1; P.L.94-1989, SEC.2; P.L.154-1990, SEC.5; P.L.252-2001, SEC.14; P.L.190-2016, SEC.37; P.L.194-2017, SEC.1.
Structure Indiana Code
Chapter 7. Probate and Grant of Administration
29-1-7-0.1. Application of Certain Amendments to Chapter
29-1-7-1. Venue; Transfer of Proceedings
29-1-7-2. One Proceeding in Rem
29-1-7-3. Produce Will in Court; Contempt; Damages
29-1-7-6. Notice of Hearing; Request; Provision of Relevant Materials by Personal Representative
29-1-7-7. Notice of Administration
29-1-7-8. Death in Doubt; Search for Alleged Decedent
29-1-7-9. Admission to Probate; Proof of Will
29-1-7-10. Absence of Competent Witnesses; Handwriting; Proof
29-1-7-12. Nuncupative Wills; Proof
29-1-7-13. Admission to Probate; Petitions; Self-Proved Wills; Signature Requirement Presumptions
29-1-7-14. Certificate of Probate; Evidence
29-1-7-15.2. Sale of Real Property; Permitted Use of Proceeds
29-1-7-16. Objections to Probate
29-1-7-17. Contest of Wills; Requisites; Grounds
29-1-7-17.5. Contest of Two or More Wills
29-1-7-18. Contest of Wills; Notice and Service Requirements
29-1-7-19. Contest of Wills; Bond of Plaintiff
29-1-7-20. Contest of Wills; Burden of Proof
29-1-7-21. Contest of Wills; Burden of Proof
29-1-7-22. Revocation of Probate
29-1-7-23. Real and Personal Property; Devolution; Prima Facie Evidence
29-1-7-24. Probate of Will; Necessity to Prove Title to Property
29-1-7-25. Foreign Wills; Receipt and Recording Authorized
29-1-7-26. Foreign Wills; Certification
29-1-7-27. Foreign Wills; Filing and Recording
29-1-7-28. Executed in Indiana; Allowed in Foreign State or Country