Ind. Code § 29-1-7-7

Current through P.L. 171-2024

Section 29-1-7-7 - Notice of administration

(a) As soon as letters testamentary or of administration, general or special, supervised or unsupervised, have been issued, notice of the estate administration shall be published.

(b) The notice required under subsection (a) shall be published in a newspaper of general circulation, printed in the English language and published in the county where the court is located, once each week for two (2) consecutive weeks. A copy of the notice, with proof of publication, shall be filed with the clerk of the court as a part of the administration of the estate within thirty (30) days after the publication. If no newspaper is published in the county, the notice shall be published in a newspaper published in an adjacent county.

(c) The notice required under subsection (a) shall be served through the E-filing System of the Indiana Courts or by first class postage prepaid mail on each heir, devisee, legatee, and known creditor whose name and address is set forth in the petition for probate or letters, except as otherwise ordered by the court.

(d) The personal representative or the personal representative's agent shall serve notice on each creditor of the decedent:

(1) whose name is not set forth in the petition for probate or letters under subsection (c);

(2) who is known or reasonably ascertainable within one (1) month after the first publication of notice under subsection (a); and

(3) whose claim has not been paid or settled by the personal representative.

The notice may be served by mail or any other means reasonably calculated to ensure actual receipt of the notice by a creditor. The unit is a reasonably ascertainable creditor under this section if the decedent was at least fifty-five (55) years of age at the time of death and dies on or after June 30, 2018. Notice served under this section by mail to the unit at the unit's address is reasonably calculated to ensure receipt of the notice by the unit.

(e) Notice under subsection (d) shall be served within one (1) month after the first publication of notice under subsection (a) or as soon as possible after the elapse of one (1) month. If the personal representative or the personal representative's agent fails to give notice to a known or reasonably ascertainable creditor of the decedent under subsection (d) within one (1) month after the first publication of notice under subsection (a), the period during which the creditor may submit a claim against the estate includes an additional period ending two (2) months after the date notice is given to the creditor under subsection (d). However, a claim filed under IC 29-1-14-1(a) more than nine (9) months after the death of the decedent is barred.

(f) A schedule of creditors that received notice under subsection (d) shall be delivered to the clerk of the court as soon as possible after notice is given.

(g) The giving of notice to a creditor or the listing of a creditor on the schedule delivered to the clerk of the court does not constitute an admission by the personal representative that the creditor has an allowable claim against the estate.

(h) If any person entitled to receive notice under this section is under a legal disability, the notice may be served upon or waived by the person's natural or legal guardian or by the person who has care and custody of the person.

(i) The notice shall read substantially as follows:

NOTICE OF ADMINISTRATION

In the _____________ Court of ______________ County, Indiana.

Notice is hereby given that _________ was, on the ____ day of ______, 20 __, appointed personal representative of the estate of _________, deceased, who died on the ___ day of ________, 20 __.

All persons who have claims against this estate, whether or not now due, must file the claim in the office of the clerk of this court within three (3) months from the date of the first publication of this notice, or within nine (9) months after the decedent's death, whichever is earlier, or the claims will be forever barred.

Dated at ________, Indiana, this ___ day of ______, 20 __.

_______________________________

CLERK OF THE _________ COURT

FOR _______ COUNTY, INDIANA

IC 29-1-7-7

Amended by P.L. 162-2022,SEC. 7, eff. 7/1/2022.

Amended by P.L. 231-2019,SEC. 7, eff. 7/1/2019.

Amended by P.L. 163-2018,SEC. 5, eff. 7/1/2018.

(Formerly: Acts 1953, c.112, s.707; Acts 1955, c.258, s.4; Acts1975 , P.L. 288, SEC.6.) As amended by P.L. 154-1990, SEC.2; P.L. 197-1996, SEC.1; P.L. 252-2001, SEC.12; P.L. 95-2007, SEC.4; P.L. 143-2009, SEC.10.