Ind. Code » Title 33
Indiana Code

Ind. Code § 33-33-49-16 (2026)

Judicial officer; probate matters; powers and duties

✓ current as of May 2026
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     Sec. 16. An appointed judicial officer shall be vested by the judges of the family division with suitable powers for the handling of all probate matters of the court, including the following:

(1) Fixing of all bonds.

(2) Auditing accounts of estates, guardianships, and trusts.

(3) Accepting reports, accounts, and settlements filed in the court.

(4) Appointing personal representatives, guardians, and trustees.

(5) Probating wills.

(6) Taking or hearing evidence on or concerning matters described in this subsection or any other probate, guardianship, or trust matters in litigation before the court.

(7) Enforcing court rules.

(8) Making reports to the court concerning the judicial officer's doings in the proceedings described in this subsection, including reports concerning the judicial officer's findings and conclusions regarding the proceedings.

[Pre-2004 Recodification Citation: 33-5.1-2-11.]

As added by P.L.98-2004, SEC.12. Amended by P.L.162-2020, SEC.11; P.L.106-2022, SEC.2.

 

Notes of Decisions
Cited in 9 cases, 2008–2019 · leading case: In Re Hawkins, 902 N.E.2d 231 (Ind. 2009).
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In Re Hawkins, 902 N.E.2d 231 (Ind. 2009). · cites it 13× “A suspension from office without pay, regardless of duration, is not a minor sanction. Even more than a public reprimand, any such suspension is a significant blemish on a sitting judge's reputation.”
In the Matter of the Civil Commitment of T.W. v. St. Vincent Hosp. & Health Care Ctr., Inc. In the Matter of the Civil Commitment of A.M. v. Cmty. Health Network, Inc., 121 N.E.3d 1039 (Ind. 2019). · cites it 4× “" Ind. Code § 33-33-49-16 (a). But all matters handled by a commissioner under this subsection "are under the final jurisdiction and decision of the judge of the probate division.”
In the Matter of the Civil Commitment of T.W. v. St. Vincent Hosp. & Health Care Ctr., Inc., 113 N.E.3d 1257 (Ind. Ct. App. 2018). · cites it 14× “I.C. § 33-33-49-16 (emphasis added). [8] Indiana Code Section 33-33-49-16(e) states, A master commissioner appointed by the court under this section has the powers and duties prescribed for a magistrate under IC 33-23-5-5 through IC 33-23-5-9.”
In the Matter of the Civil Commitment of L.J. v. Health & Hosp. Corp. d/b/a Eskenazi Health CMHC, 113 N.E.3d 274 (Ind. Ct. App. 2018). · cites it 8× “Ind. Code § 33-33-49-16 (a). As that statute indicates, a commissioner in probate court has the authority to hear evidence and report findings and conclusions, but the "final jurisdiction and decision" belong to the judge.”
Smith v. State, 893 N.E.2d 1149 (Ind. Ct. App. 2008). · cites it 10× “I.C. § 33-33-49-16(e). Indiana Code section 33-23-5-8 provides: Except as provided under [Indiana Code sections 33-23-5-5(14) and 33-23-5-9(b)], a magistrate: (1) does not have the power of judicial mandate; and (2) may not enter a final appealable order unless sitting as a…”
Terry Smith v. State of Indiana, 982 N.E.2d 393 (Ind. Ct. App. 2013). · cites it 2× “2d at 673 (quoting Ind.Code § 33-33-49-16(e)). Magistrates, and thus master commissioners, are generally precluded from entering final orders.”
Ivy v. State, 947 N.E.2d 496 (Ind. Ct. App. 2011). · cites it 2× “” Ind.Code § 33-33-49-16 (2004). Our court has held that “although a master commissioner must keep the judge apprised of the matters before him, the judge need not approve the signature of the master commissioner’s statutorily authorized actions.”
Timothy Long v. State of Indiana, 962 N.E.2d 671 (Ind. Ct. App. 2012). · cites it 2× “Indiana Code section 33-33-49-16(e) (2004) provides that a Marion County master commissioner “has the powers and duties prescribed for a magistrate under IC 33-23-5-5 through IC 33-23-5-9.”
Glenn Carpenter v. State of Indiana (mem. dec.), No. 49A04-1412-PC-608 (Ind. Ct. App. Feb. 29, 2016). “See Ind. Code Ann. 33-33-49-16(e) (West 2004); see also Ind.”
Ind. Code § 33-33-49-16(a): 2 cases
In the Matter of the Civil Commitment of T.W. v. St. Vincent Hosp. & Health Care Ctr., Inc., 113 N.E.3d 1257 (Ind. Ct. App. 2018). “I.C. § 33-33-49-16 (emphasis added). [8] Indiana Code Section 33-33-49-16(e) states, A master commissioner appointed by the court under this section has the powers and duties prescribed for a magistrate under IC 33-23-5-5 through IC 33-23-5-9.”
In the Matter of the Civil Commitment of L.J. v. Health & Hosp. Corp. d/b/a Eskenazi Health CMHC, 113 N.E.3d 274 (Ind. Ct. App. 2018). “Ind. Code § 33-33-49-16 (a). As that statute indicates, a commissioner in probate court has the authority to hear evidence and report findings and conclusions, but the "final jurisdiction and decision" belong to the judge.”
Ind. Code § 33-33-49-16(e): 6 cases
In Re Hawkins, 902 N.E.2d 231 (Ind. 2009). “A suspension from office without pay, regardless of duration, is not a minor sanction. Even more than a public reprimand, any such suspension is a significant blemish on a sitting judge's reputation.”
Smith v. State, 893 N.E.2d 1149 (Ind. Ct. App. 2008). “I.C. § 33-33-49-16(e). Indiana Code section 33-23-5-8 provides: Except as provided under [Indiana Code sections 33-23-5-5(14) and 33-23-5-9(b)], a magistrate: (1) does not have the power of judicial mandate; and (2) may not enter a final appealable order unless sitting as a…”
Terry Smith v. State of Indiana, 982 N.E.2d 393 (Ind. Ct. App. 2013). “2d at 673 (quoting Ind.Code § 33-33-49-16(e)). Magistrates, and thus master commissioners, are generally precluded from entering final orders.”
Timothy Long v. State of Indiana, 962 N.E.2d 671 (Ind. Ct. App. 2012). “Indiana Code section 33-33-49-16(e) (2004) provides that a Marion County master commissioner “has the powers and duties prescribed for a magistrate under IC 33-23-5-5 through IC 33-23-5-9.”
In the Matter of the Civil Commitment of T.W. v. St. Vincent Hosp. & Health Care Ctr., Inc., 113 N.E.3d 1257 (Ind. Ct. App. 2018). “I.C. § 33-33-49-16 (emphasis added). [8] Indiana Code Section 33-33-49-16(e) states, A master commissioner appointed by the court under this section has the powers and duties prescribed for a magistrate under IC 33-23-5-5 through IC 33-23-5-9.”
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