Indiana Code
Ind. Code § 29-1-13-3 (2026)
Actions; trespass; waste; costs; examine party
✓ current as of May 2026
Sec. 3. Every personal representative shall have full power to maintain any suit in any court of competent jurisdiction, in his name as such personal representative, for any demand of whatever nature due the decedent or his estate or for the recovery of possession of any property of the estate or for trespass or waste committed on the estate of the decedent in his lifetime, or while in the possession of the personal representative; but he shall not be liable, in his individual capacity, for any costs in such suit, and shall have power, at his option, to examine the opposite party under oath, touching such demand.
Formerly: Acts 1953, c.112, s.1303.
Notes of Decisions
Cited in 17
cases (4 in the last 5 years), 1981–2026 · leading case: First Farmers Bank & Trust Co. v. Whorley, 891 N.E.2d 604 (Ind. Ct. App. 2008).
First Farmers Bank & Trust Co. v. Whorley, 891 N.E.2d 604 (Ind. Ct. App. 2008). “See I.C. § 29-1-13-3 (a personal representative shall have full power to maintain any suit in any court of competent jurisdiction .”
Inlow v. Henderson, Daily, Withrow & DeVoe, 787 N.E.2d 385 (Ind. Ct. App. 2003). “Under Indiana Code section 29-1-13-3, a personal representative "shall have full power to maintain any suit in any court of competent jurisdiction .”
Inlow v. Ernst & Young, LLP, 771 N.E.2d 1174 (Ind. Ct. App. 2002). “*1182 Ind.Code § 29-1-13-3. Another option under the Probate Code is for the personal representative to bring an action "for the possession of real property or to determine the title to the same.”
Shourek v. Stirling, 621 N.E.2d 1107 (Ind. 1993). “Ind.Code Ann. § 29-1-13-3 (West 1979) provides that the "personal representative shall have full power to maintain any suit in any court of competent jurisdiction .”
Gabriel v. Gabriel, 947 N.E.2d 1001 (Ind. Ct. App. 2011). “In support of this contention, Joni directs us to Indiana Code section 29-1-13-3, which provides that Every personal representative shall have full power to maintain any suit in any court of competent jurisdiction, in his name as such personal representative, for any demand of…”
Burton v. Est. of Davis, 730 N.E.2d 800 (Ind. Ct. App. 2000). “The personal representative has authority “to maintain any *805 suit in any court of competent jurisdiction, in [her] name as personal representative, for any demand of whatever nature due to the decedent or to his estate_” Ind. Code § 29-1-13-3 . Under the facts alleged in the…”
Darlage v. Drummond, 576 N.E.2d 1303 (Ind. Ct. App. 1991). “CODE § 29-1-13-3 do provide for the deceased partner's estate to pursue claims against the continuing partner, these statutes in no way foreclose enforcement of the deceased partner's rights by other persons.”
In Re Guardianship of French, 927 N.E.2d 950 (Ind. Ct. App. 2010). “See Ind.Code § 29-1-13-3. We think it incongruous to read Section 10 as allowing for "the personal representative," and not "any other person interested in the estate," to directly assert the rights of a decedent under that section.”
Est. of Valich v. Trutko-Clayton (In Re Trutko-Clayton), 384 B.R. 813 (Bankr. N.D. Ind. 2007). “Indiana Code § 29-1-13-3 is instructive in this regard and provides as follows: Every personal representative shall have full power to maintain any suit in any court of competent jurisdiction, in his name as such personal representative, for any demand of whatever nature due the…”
Joseph Grillo v. Margaret Grillo (Ind. Ct. App. 2026). “] Ind. Code § 29-1-13-3 (2024) (emphasis added).”
Pheffer v. French, 927 N.E.2d 950 (Ind. Ct. App. 2010). “See Ind.Code § 29-1-13-3. We think it incongruous to read Section 10 as allowing for "the personal representative," and not "any other person interested in the estate," to directly assert the rights of a decedent under that section.”
Linda Salmon v. Rita M Tafelski (Ind. Ct. App. 2024). “] Ind. Code § 29-1-13-3 (2024) (emphasis added).”
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