Ind. Marion Cnty. Prob. Local Rule LR49-PR00 Rule 401

401.1 Petition and Application for Appointment of Fiduciary. A petition for appointment of a

fiduciary shall contain the requirements under I.C. §§ 29-1-7-5and 29-3-5-1, a proposed personal

representative or proposed guardian (including a proposed co-fiduciary) shall also file an

application form (MSCPR Form 401.1-Aor 401.1-B) for his or her appointment, containing

information as to the proposed fiduciary’s qualification to serve as such fiduciary. The

application shall include the following information regarding the proposed fiduciary’s

qualifications to serve:

1. current residence address if an individual and business address if a corporate fiduciary;

2. educational background;

3. the proposed fiduciary’s current employment or a statement that he or she is retired or

is a homemaker or stay-at-home spouse or partner;

4. all prior experience in financial management, including investments and checkbook

management;

5. a statement of the proposed fiduciary’s prior felony convictions, if any;

6. a statement that the Petitioner has attained the age of majority and is not incapable of

performing the required fiduciary duties by reason of physical or mental illness,

impairment, or infirmity.

7. a statement providing the name, office address, attorney number, telephone number,

fax number and email address of the attorney for the proposed fiduciary.

8. a statement that:

a. the attorney for the proposed fiduciary has been provided with the proposed

fiduciary’s Social Security Number and Date of Birth; and,

b. authorizes the attorney to release the same to the Court in the event of breach of

any legal or fiduciary duty.

9. As required by I.C. 29-1-10-1, if the proposed fiduciary is a nonresident individual or a

corporate fiduciary, the petition must also include the following:

a. a statement that the proposed fiduciary accepts the appointment as fiduciary;

b. a statement providing the name, address and telephone number of the resident

agent appointed by the proposed fiduciary to accept service of process, notices,

and other documents in the fiduciary proceeding;

c. a statement that the Petitioner has agreed to submit personally to the

jurisdiction of the Court in any proceeding that relates to the estate of the

decedent or protected person.

401.2 Original Will or Affidavit Required.

A. All petitions to probate a Will with administration or to Spread the Will of Record

must be accompanied by the original Will.

B. When an original will is offered for probate electronically then MSCPR Form 401.2,

Affidavit Regarding Original Will Offered for Probate Electronically, must accompany

the petition.

C. When a petition to probate a Will with administration is filed the party offering the

Will electronically shall retain or deposit with the attorney for the Personal

Representative the original of the electronically filed Will until the Decedent’s estate is

closed and the Personal Representative is released from liability.

D. When a petition to Spread the Will of Record is filed the party offering the Will

electronically will retain or deposit with their attorney the original of the electronically

filed Will until the expiration of the time for filing a will contest.

E. In the event that only a copy of the Will can be located, the copy of the Will and Proof

of Lost Will and Affidavit, substantially in accordance with MSCPR Form 401.3, must

accompany the petition.

401.3 When Petitions Are Required. Parties may file motions to request relief or action by the

Court where motions are permitted under a generally applicable Rule of Court (such as the

Indiana Rules of Trial Procedure or the Indiana Rules of Evidence) or for purely administrative,

ministerial, or scheduling matters. All other requests for relief or action by the Court shall be

made by the appropriate written petition filed with the Court.

401.4 Citation to Authority. All petitions requesting relief or action by the Court should, where

applicable, contain reference to the appropriate statute or rule authorizing such relief or action.

401.5 Requirement of Verification. All motions, petitions, inventories and accounts in estates

or guardianships shall be notarized or verified with the statement, “I verify under the penalties

for perjury that the above statements are true.”

401.6 Attorney Contact Information.

A. All pleadings, motions, inventories and accounts in estates and guardianships shall

contain the name, attorney number, office address, telephone number, fax number and

email address of the attorney for the fiduciary.

B. All claims, motions, and pleadings filed by or on behalf of creditors or other interested

persons who are not fiduciaries shall contain the name, attorney number, office address,

telephone number, fax number and email address of the attorney for the creditor or other

interested person.

401.7 Proposed Orders Required. A moving party shall provide proposed orders for rulings.

Proposed Letters Testamentary, Letters of Administration or Letters of Guardianship shall be

filed with the Petition for Appointment.