IN · rules
Ind. Marion Cnty. Prob. Local Rule LR49-PR00 Rule 400
Title, Authority, Purpose, Scope
APPLICATION AND ADDITIONAL RULES
400.1 Title. These rules shall be known as the “Marion Superior Court Probate Rules”
(“Rules”) and may be cited as “MSCPR” followed by the Rule number.
400.2 Authority. These Rules are adopted pursuant to the authority granted by I.C. 29-1-1-7
and are intended to supplement the provisions of the Indiana Probate Code and the Indiana Trust
Code.
400.3 Purpose. The purpose of these Rules and the MSCPR forms referenced herein is to
facilitate the timely, orderly and uniform resolution of probate matters by providing guidance as
well as emphasizing certain applicable Indiana statutory requirements.
400.4 Scope. These Rules shall be considered as standing Orders of the Marion Superior Court
8, Probate Division (“Court”) applicable in all probate matters filed in the Marion Circuit and
Superior Courts, and compliance is required without further written Order of the Court.
400.5 Application of Rules of Procedure. As supplemented by these Rules and except as
otherwise provided in the Probate Code or other applicable rule of law, the Indiana Rules of Trial
Procedure shall apply to trial procedures in any probate matter.
400.6 Application of Local Rules. These Rules are in addition to and are not intended to
replace the Marion Circuit and Superior Court Civil Rules, which rules shall apply to probate
proceedings. In the event of a conflict in a probate matter, the Marion Superior Court Probate
Rules shall apply.
400.7 Adoption of Additional Rules. If in any proceeding before the Court, a situation arises
which is not provided for by these Rules or by any statute or rule of procedure, the Court may
formulate and declare a rule of procedure for that particular case.
400.8 Effect of Amendments to Statutes. If an Indiana statute applicable to decedents’
estates, guardianships, protective proceedings, or adoptions is amended or adopted by the
Indiana General Assembly after the adoption of these Rules and if that new or amended statute is
in conflict with these Rules, these Rules must be treated as amended to the extent necessary to
make them consistent with that new or amended statute.
Provenance
- Source
- www.in.gov
- Retrieved
- 2026-10-02
- Edition
- supplied-in-28-53-marion-local-rules-2026-10-02
- Content hash
c0919c5d5aed4245310d19628b3d54f4bf9c35a72274e14da623afe29b1e6527
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