Ind. Marion Cnty. Prob. Local Rule LR49-PR00 Rule 415

415.1 Personal representatives shall comply with I.C. §29-1-16-2, which provides as follows:

“Every personal representative shall close the estate as promptly as possible. Unless for good

cause shown, the time for filing the final account in the estate shall not exceed one (1) year from

the appointment of a personal representative.”

415.2 Good cause for not closing a supervised estate within one (1) year may be shown by

filing an intermediate account within thirty (30) days after the expiration of one (1) year. Such

accounting shall comply with the provision of I.C. §§29-1-16-4 and I.C. 29-1-16-6.

415.3 The intermediate account shall be accompanied by the personal representative’s Petition

for Extension of Time which shall include the following: (a) a statement of facts showing why

the estate cannot be closed; (b) estimated date of closing; (c) a proposal for partial distribution of

the estate to the extent that partial distribution can be made without prejudice to distributees and

claimants.

415.4 A closing statement shall be filed within one (1) year after opening an unsupervised

estate. In the event the estate cannot be closed within that time period, the personal

representative shall file a Petition for Extension of Time which shall include the following: (a) a

statement of facts showing why the estate cannot be closed; (b) estimated date of closing; (c) a

proposal for partial distribution of the estate to the extent that partial distribution can be made

without prejudice to distributees and claimants.

415.5 Failure to close within one (1) year or show cause why estate cannot be closed may be

grounds for removal of the personal representative, pursuant to I.C. §29-1-10-6, and for

reduction or forfeiture of personal representative fees and attorney fees.