Sec. 5. A petition for the probate of a will and for the issuance of letters testamentary or for the appointment of an administrator with the will annexed, or for the appointment of an administrator, shall state:
(1) the name, domicile, and date of the death of the decedent, and whether the decedent is an adult or a minor;
(2) the name, and place of residence of each heir, and whether the heir is an adult or a minor, in the event the decedent left no will; and the name, and place of residence of each legatee and devisee, and whether each legatee and devisee is an adult or a minor, in the event the decedent left a will, so far as such are known or can with reasonable diligence be ascertained by the personal representative;
(3) whether the person named in subdivision (1) died testate or intestate;
(4) if the decedent was not domiciled in the state at the time of death, a description of the property to be administered which is within the county in which the petition is filed;
(5) if the will sought to be probated is unwritten, lost, or was improperly destroyed or suppressed, a detailed statement of the provisions of said will so far as known;
(6) the name and place of residence or business address of the person, if any, designated as executor of the will;
(7) if the petition be for the appointment of an administrator with the will annexed, or of an administrator, the name and place of residence or business address of the person to be so appointed, together with a statement of the person's relationship to the decedent, and such other facts, if any, which entitle such person to be so appointed;
(8) the name and business address of the attorney who is to represent the personal representative; and
(9) if the person named in subdivision (1) died intestate, whether a petition to dissolve the marriage of the decedent and the decedent's spouse is pending in an Indiana court or the court of another state at the time of the decedent's death.
Formerly: Acts 1953, c.112, s.705; Acts 1955, c.258, s.3. As amended by Acts 1976, P.L.125, SEC.1; P.L.182-1999, SEC.2; P.L.238-2005, SEC.10.
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