Indiana Code

Ind. Code § 30-2-13-1 (2026)

Applicability of chapter

✓ current as of May 2026
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     Sec. 1. (a) Except as provided in subsection (b), this chapter applies to any written agreement between a purchaser and a seller that obligates the seller to provide prepaid services or merchandise, or both, for a named individual in conjunction with the death, funeral, burial, or final disposition of the individual.

     (b) Except as provided in subsections (c) and (d), this chapter does not apply to the following:

(1) Perpetual care funds under IC 23-14-48.

(2) The sale of burial rights. However, this chapter applies to the sale of services or merchandise sold in conjunction with the sale of burial rights and to the use of free or discounted burial rights as an inducement for a purchaser to transfer sellers.

(3) A contract between a purchaser and a seller that requires delivery of prepaid services or merchandise, or both, not later than one (1) year after the date of final payment and for circumstances other than death.

     (c) The annual reporting requirements of section 31 of this chapter apply to a perpetual care fund.

     (d) The solicitation requirements of section 24 of this chapter and the provisions concerning inducement in section 13(h) of this chapter apply to the sale of burial rights.

As added by P.L.200-1991, SEC.1. Amended by P.L.207-1993, SEC.25; P.L.120-1994, SEC.2; P.L.241-1995, SEC.2; P.L.114-1999, SEC.1; P.L.14-2000, SEC.62.

 

Notes of Decisions
Cited in 2 cases, 2011–2014 · leading case: State Bd. of Funeral & Cemetery Serv. v. Settlers Life Ins. Co., 5 N.E.3d 1170 (Ind. Ct. App. 2014).
State Bd. of Funeral & Cemetery Serv. v. Settlers Life Ins. Co., 5 N.E.3d 1170 (Ind. Ct. App. 2014). · cites it 6× “” Ind. Code § 30-2-13-1 . Upon examining the plain language of the statute, we must disagree.”
Farno v. Ansure Mortuaries of Indiana, LLC, 953 N.E.2d 1253 (Ind. Ct. App. 2011). · cites it 2× “See Ind.Code §§ 30-2-13-1 through -39 (“the Pre-Need Act”).”
— Ind. Code § 30-2-13-1(a) — 1 case
State Bd. of Funeral & Cemetery Serv. v. Settlers Life Ins. Co., 5 N.E.3d 1170 (Ind. Ct. App. 2014). “” Ind. Code § 30-2-13-1 . Upon examining the plain language of the statute, we must disagree.”
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