§ 29-1-1-12 — Service of notice

Indiana § 29-1-1-12

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 1: General Provisions

Text

(a) Unless waived and except as otherwise
provided by law, all notices required by this article to be served upon
any person shall be served as the court shall direct by rule or in a
particular case, by:
(1) delivering a copy of the notice to the person or by leaving a
copy of the notice at the person's last and usual place of residence,
at least ten (10) days before the hearing, if the person is a resident
of the state of Indiana;
(2) publication, if the person is a nonresident of the state of
Indiana or if the person's residence is unknown, once each week
for three (3) weeks consecutively in a newspaper printed and
circulating in the county where the court is held, the first day of
publication to be at least thirty (30) days prior to the date set for
hearing; or in case there is no newspaper printed in the county,
then in a newspaper circulating in the county where the
proceeding is pending, and designated by the judge or clerk;
(3) first class postage prepaid mail addressed to the person
located in the United States, at the person's address stated in the
petition for the hearing, to be posted by depositing in any United
States post office in this state at least fourteen (14) days prior to
the date set for hearing in the notice;
(4) personal service on nonresidents to be served by any officer
authorized to serve process in the county of the nonresident,
which notice shall be served at least fourteen (14) days prior to
the date set for hearing in such notice; or
(5) any combination of two (2) or more of the above.
(b) In all cases where service by publication is ordered but personal
service or service by registered mail is not ordered, all persons directed
by the provisions of this article, or by order of the court, to be notified,
whose names and addresses are known or can by reasonable diligence
be ascertained by the party charged with the duty of giving notice, shall
in addition to the published notice required by order, be served by a
written notice by United States first class postage prepaid mail at least
fourteen (14) days prior to the date set for hearing in the notice.
Formerly: Acts 1953, c.112, s.112; Acts 1955, c.258, s.1; Acts
1961, c.50, s.2. As amended by Acts 1982, P.L.171, SEC.6;
P.L.118-1997, SEC.8; P.L.95-2007, SEC.3; P.L.162-2022,
SEC.2.