Notice of administration
Sec. 7. (a) As soon as letters testamentary or of administration,
general or special, supervised or unsupervised, have been issued, the
clerk of the court shall publish notice of the estate administration.
(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 by
mail on each heir, devisee, legatee, and known creditor whose name
and address is set forth in the petition for probate or letters. The
personal representative shall furnish sufficient copies of the notice,
prepared for mailing, and the clerk of the court shall mail the notice
upon the issuance of letters.
(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.
(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
(Formerly: Acts 1953, c.112, s.707; Acts 1955, c.258, s.4; Acts 1975,
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.
Last modified: May 27, 2006