Indiana Code
Ind. Code § 34-9-3-3 (2025)
Actions before and after defendant's death
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 3. (a) If an action commenced against the decedent before the decedent's death, the action is continued by substituting the decedent's personal representatives, as in other actions surviving the defendant's death.
(b) If the action is brought after the death of a defendant, then the action is prosecuted as are other claims against the decedent's estate.
[Pre-1998 Recodification Citation: 34-1-1-1(c).]
As added by P.L.1-1998, SEC.4.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2021–2025 · leading case: Camm v. Clemons, 544 F. Supp. 3d 847 (S.D. Ind. 2021).
Camm v. Clemons, 544 F. Supp. 3d 847 (S.D. Ind. 2021). “Camm contends that application of Indiana Code § 34-9-3-3 by its plain language indicates that Camm's claims against the Estate did not abate upon Faith's death because the claims already had been brought and litigated for more than five years.”
Griffin v. Walker, No. 1:24-cv-00935 (S.D. Ind. Jan. 16, 2025). “" Ind. Code § 34-9-3-3 (b). By contrast, if "an action commenced against the decedent before the decedent's death, the action is continued by substituting the decedent's personal representatives, as in other actions surviving the defendant's death.”
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