Version b
Notice to distributees
Note: This version of section effective 7-1-2005. See also
preceding version of this section, effective until 7-1-2005.
Sec. 1.5. (a) As soon as letters testamentary or letters of
administration have been issued, the clerk of the court shall serve by
mail notice of the petition on each of the decedent's heirs at law, if
the decedent died intestate, or the devisees and legatees under the
decedent's will. The mailing of notice under this subsection may not
be waived.
(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.
(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
As added by P.L.130-1992, SEC.1. Amended by P.L.2-2005, SEC.74;
P.L.238-2005, SEC.12.
Last modified: May 27, 2006