Closing estate; procedures; termination of appointment of personal
representative
Sec. 4. (a) Unless prohibited by order of the court and except for
estates being administered in supervised administration proceedings,
a personal representative may close an estate by filing with the court
no earlier than three (3) months after the date of the first published
notice to creditors under IC 29-1-7-7(b), a verified statement stating
that the personal representative, or a prior personal representative,
has done the following:
(1) Published notice to creditors as provided in IC 29-1-7-7(b),
and that the first publication occurred more than three (3)
months prior to the date of the statement.
(2) Provided notice to creditors as required under IC 29-1-7-7(c)
and IC 29-1-7-7(d).
(3) Fully administered the estate of the decedent by making
payment, settlement, or other disposition of all claims which
were presented, expenses of administration and estate,
inheritance, and other death taxes, except as specified in the
statement. If any claims remain undischarged, the statement
shall:
(A) state whether the personal representative has distributed
the estate, subject to possible liability, with the agreement of
the distributees; or
(B) detail other arrangements which have been made to
accommodate outstanding liabilities.
(4) Executed and recorded a personal representative's deed for
any real estate owned by the decedent.
(5) Distributed all the assets of the estate to the persons entitled
to receive the assets.
(6) Sent a copy of the statement to all distributees of the estate
and to all creditors or other claimants of whom the personal
representative has actual knowledge whose claims are neither
paid nor barred and has furnished a full account in writing of
the personal representative's administration to the distributees
whose interests are affected.
(7) Provided the court with the names and addresses of all
distributees, creditors, and claimants to whom the personal
representative has sent a copy of the statement under
subdivision (6).
(b) If no proceedings involving the personal representative are
pending in the court three (3) months after the closing statement is
filed, the appointment of the personal representative terminates and
the estate is closed by operation of law.
(Formerly: Acts 1975, P.L.288, SEC.11.) As amended by
P.L.154-1990, SEC.7; P.L.130-1992, SEC.7; P.L.252-2001, SEC.15.
Last modified: May 27, 2006