Ind. Marion Cnty. Prob. Local Rule LR49-PR00 Rule 416

416.1 All proposed wrongful death settlements must be approved by the Court, whether the

estate is supervised, unsupervised, or a special administration for the sole purpose of prosecuting

the wrongful death claim.

416.2 When an estate remains open one (1) year, 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) if an action is pending, the cause

number and the court.

416.3 When a judgment has been paid or a petition for approval of settlement is filed in any

estate, a petition shall be filed showing proposed distribution, in accordance with I.C. §§34-23-1-

1, 34-23-1-2 and 34-23-2-1. Such petition must set out the proposed distribution to the

appropriate statutory damage distributees, such as:

1. Expenses of administration;

2. Providers of funeral and burial expenses;

3. Providers of medical expenses in connection with last illness of decedent;

4. Surviving spouse;

5. Dependent children;

6. Dependent next of kin (if there is no surviving spouse or dependent children).

A proposed order shall be presented to the Court, ordering distribution in accordance with the

above cited statutory provisions and requiring that a final account as to the wrongful death

proceeds be filed within thirty (30) days.