Section 34-45-2-4 - Executors or administrators; depositions; evidence given by decedent(a) This section applies to suits or proceedings:(1) in which an executor or administrator is a party;(2) involving matters that occurred during the lifetime of the decedent; and(3) where a judgment or allowance may be made or rendered for or against the estate represented by the executor or administrator.(b) This section does not apply in a proceeding to contest the validity of a will or a proceeding to contest the validity of a trust.(c) This section does not apply to a custodian or other qualified witness to the extent the witness seeks to introduce evidence that is otherwise admissible under Indiana Rule of Evidence 803(6).(d) Except as provided in subsection (e), a person:(1) who is a necessary party to the issue or record; and(2) whose interest is adverse to the estate; is not a competent witness as to matters against the estate.
(e) In cases where:(1) a deposition of the decedent was taken; or(2) the decedent has previously testified as to the matter; and the decedent's testimony or deposition can be used as evidence for the executor or administrator, the adverse party is a competent witness as to any matters embraced in the deposition or testimony.
Pre-1998 Recodification Citation: 34-1-14-6.
As added by P.L. 1-1998, SEC.41. Amended by P.L. 252-2001, SEC.37.