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Indiana Code Title 29. Probate § 29-1-7.5-1.5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 1.5. (a) As soon as letters testamentary or letters of administration have been issued, the clerk of the court shall sign and issue a notice of unsupervised administration addressed to the:

(1) decedent's heirs at law, if the decedent died intestate;  or

(2) devisees and legatees under the decedent's will, if the decedent died with a will that is admitted to probate.

(b) The notice required under subsection (a) shall read substantially as follows:

NOTICE OF UNSUPERVISED ADMINISTRATION TO BE MAILED TO A DISTRIBUTEE

In the __________ Court of __________ County, Indiana.

Notice is hereby given that __________, on the __________ day of __________, 20___, was appointed as the personal representative of the estate of __________, who died on the ___ day of __________, 20___, {leaving a will} {not leaving a will}.  The estate will be administered without court supervision.

As an heir, a devisee, or a legatee of the estate (a “distributee”), you are advised of the following information:

(1) The personal representative has the authority to take actions concerning the estate without first consulting you.

(2) The personal representative may be serving without posting a bond with the court.  You have the right to petition the court to set a bond for your protection.  You also have the right to petition the court to remove a corporate personal representative not later than thirty (30) days after this notice if the ownership or control of the corporate personal representative has changed since the execution of the decedent's will.

(3) The personal representative will not obtain court approval of any action, including the amount of attorney's or personal representative's fees.

(4) Within two (2) months after the appointment of the personal representative, the personal representative must prepare an inventory of the estate's assets.  You have the right to request and receive a copy of this inventory from the personal representative.  However, if you do not participate in the residue of the estate and receive only a specific bequest in money or personal property that will be paid, you are entitled only to the information concerning your specific bequest and not to the assets of the estate as a whole.

(5) The personal representative is required to furnish you with a copy of the closing statement that will be filed with the court, and, if your interests are affected, with a full account in writing of the administration of the estate.

(6) You must file an objection to the closing statement within three (3) months after the closing statement is filed with the court if you want the court to consider your objection.

(7) If an objection to the closing statement is not filed with the court within three (3) months after the filing of the closing statement, the estate is closed and the court does not have a duty to audit or make an inquiry.

IF, AT ANY TIME BEFORE THE ESTATE IS CLOSED, YOU HAVE REASON TO BELIEVE THAT THE ADMINISTRATION OF THE ESTATE SHOULD BE SUPERVISED BY THE COURT, YOU HAVE THE RIGHT TO PETITION THE COURT FOR SUPERVISED ADMINISTRATION.

IF YOU DO NOT UNDERSTAND THIS NOTICE, YOU SHOULD ASK YOUR ATTORNEY TO EXPLAIN IT TO YOU.

The personal representative's address is __________, and telephone number is __________.  The attorney for the personal representative is __________, whose address is __________ and telephone number is __________.

Dated at __________, Indiana, this __________ day of __________, 20___.

CLERK OF THE __________ COURT

(c) The issuance and mailing of notice under this section may not be waived.

(d) After the notice is issued under subsection (c), the personal representative or the personal representative's agent shall mail the notice to each person whose name and address is required to be listed in the notice under subsection (a).

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Cite this article: FindLaw.com - Indiana Code Title 29. Probate § 29-1-7.5-1.5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-29-probate/in-code-sect-29-1-7-5-1-5/

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