Ind. Marion Cnty. Prob. Local Rule LR49-PR00 Rule 414

414.1 Except as hereinafter supplemented, all claims filed against an estate shall comply with

and be governed by the provisions of I.C. 29-1-14.

414.2 If a claim is disallowed or neither allowed or disallowed by the personal representative

within three (3) months and fifteen (15) days after the date of first published notice to creditors,

the claimant shall pay to the Clerk of the Court the fee for filing a new cause of action and the

claim will be assigned a new cause number in the Court and tried pursuant to the Indiana Rules

of Trial Procedure. Failure of the claimant to pay the filing fee subjects the claim to dismissal

pursuant to T.R. 41.

414.3 Personal Representative Claim. Pursuant to I.C. §29-1-14-17, if a personal

representative files a claim against the estate which the personal representative represents

accrued before the death of the decedent, with the affidavit of the claimant attached, the claim

shall not be acted upon by the personal representative unless all interested persons who would be

affected by the allowance of the claim consent in writing to it. If the personal representative

determines, either before or after filing the claim, that all interested persons do not consent to the

allowance and payment of the claim, the personal representative shall promptly report that fact to

the Court and shall ask the Court to appoint a special personal representative, who shall then

represent the estate with respect to that claim. Failure to comply with this MSCPR 414.3 shall

be grounds for automatic dismissal of the claim with prejudice.