Ind. Marion Cnty. Prob. Local Rule LR49-PR00 Rule 406

DECEDENTS’ ESTATES

406.1 Statutory Requirements. A Petition for administration of a decedent’s estate without

court supervision, filed in compliance with MSCPR 401 and accompanied (where applicable) by

an Application under paragraphs 10 or 11 of MSCPR 401.1, may be granted if the requirements

of I.C. §§29-1-7.5-2(a) or 29-1-7.5-2(b) are satisfied. Once a petition for administration without

court supervision has been granted pursuant to such statute, a personal representative's authority

shall not be subject to any requirement of Court approval or confirmation or be open to collateral

attack on account of any defect or irregularity in the proceedings resulting in issuance of the

order of no supervision.

406.2 Supervised Estate Required - Minor Children. Notwithstanding a provision in a Will

specifically authorizing unsupervised administration, if there are minor distributees, the Court

may order supervised administration or in the alternative may appoint a guardian ad litem to

represent the interests of the minor distributees.

406.3 Instructions to Personal Representatives. See MSCPR 412.3.

406.4 Surety Bond. See MSCPR 407.1.

406.5 Inventory. In all unsupervised estates, the personal representative shall, within two (2)

months of appointment either:

A. file an inventory conforming with the requirements of I.C. §29-1-7.5-3.2 (b) and forthwith

serve a copy of the inventory on all known heirs, beneficiaries or distributees, or,

B. file a verified certification that an inventory conforming with the requirements of I.C. §29-1-

7.5-3.2 has been prepared, that it is available to be furnished to distributees on request and that

notice of preparation of the inventory and its availability has been forthwith served on all known

heirs, beneficiaries or distributees.

406.6 Orders and Matters Considered in Unsupervised Estates. In the administration of an

unsupervised estate, the Court's involvement shall in most cases be limited to the opening and

closing of the estate and the determination of Indiana inheritance tax due. Unless revocation of

unsupervised administration occurs pursuant to the provisions of MSCPR 406.8, invocation of

the Court’s jurisdiction on any other matter presented for its determination shall not convert the

estate to supervised administration.

406.7 Orders and Sales of Property. In unsupervised estates, the Court will not issue an order

approving closing statements or an order discharging the fiduciary. The sale of personal property

or real estate in unsupervised estate administration may be accomplished without approval of the

Court.

406.8 Revocation of Unsupervised Administration. Pursuant to I.C. §29-1-7.5-2 (d), the

Court may, on its own motion or the motion of an interested person, revoke an order of

unsupervised administration and require an administration on terms and conditions which the

Court specifies, if the Court finds that such a revocation is in the best interests of the estate,

creditors, taxing authorities, heirs, legatees, or devisees. If the estate is converted to a supervised

estate, the unsupervised cause number originally assigned to the estate shall remain the same.

406.10 Time for Closing. See MSCPR 415.4.

406.11 Costs and Claims Paid. All Court costs shall be paid and all claims satisfied and

released on or before the date of the filing of the closing statement.

406.12 Insolvent Estates. An insolvent unsupervised estate may be closed as an unsupervised

estate or may, upon the petition of the personal representative or any interested person, be

converted to a supervised estate and closed as such.