Intellectual Property Technology Law

The flow of appellant decisions addressing probate litigation has temporarily diminished. In gaps such as this, probate attorneys may find it useful to review some of the precedent that serves as the basis for probate litigation: The Indiana Code.

The Indiana Code serves as the starting point for probate matters in general as well as for probate litigation.  For example, Indiana Code § 29-1-7-17 sets forth who may file a will contest, the grounds for a will contest and the deadline when a will contest must be filed:

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 court 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 (emphasis added).

The term "interested person" is also a term of art and is defined by Indiana Code § 29-1-1-3(a)(13) to mean

. . . heirs, devisees, spouses, creditors, or any others having a property right in or claim against the estate of a decedent being administered. This meaning may vary at different stages and different parts of a proceeding and must be determined according to the particular purpose and matter involved.

A careful review of the Indiana Code prior to the commencement of any probate litigation is always the best place to start. Chapter 7 of Title 29 of the Indiana Code may be found here.