§ 29-1-16-6 — Hearing and notice; final distribution; unknown heirs; intermediate account

Indiana § 29-1-16-6

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 16: Accounting

Text

(a) Upon the filing of any account in a
decedent's estate, hearing and notice thereof shall be had as set forth in
this section.
(b) If the account is for final settlement, the court or clerk shall set
a date by which all objections to such final account and petition for
distribution must be filed in writing. The date shall be at least fourteen
(14) days before the hearing date. The personal representative or the
personal representative's agent shall serve notice upon all persons:
(1) who are entitled to share in the final distribution of said estate;
and
(2) whose names and addresses are known to the personal
representative or may by reasonable diligence be ascertained as
set forth in the personal representative's petition for distribution;
that a final report has been filed and will be acted upon by the court on
the date set unless written objections are presented to the court at least
fourteen (14) days before the hearing date. The personal representative
or the personal representative's agent shall send a copy of said notice
through the E-filing System of the Indiana Courts or by first class
postage prepaid mail to each of said parties at least thirty (30) days
prior to the hearing date. Said parties or their attorney of record may
waive the service by mail of this notice and where there is an attorney
of record, service upon said attorney shall be sufficient as to the parties
represented by said attorney. Neither a notice nor a hearing is required
if all persons entitled to share in the final distribution of the estate
waive the service of notice by mail and consent to the final account and
petition for distribution without a hearing.
(c) If a person entitled to share in the distribution of the residue of
the estate is unknown or cannot be located, the personal representative
may give notice by one (1) publication in a newspaper of general
circulation, published in the county in which the administration is
pending. The deadline for filing an objection is fourteen (14) days
before the hearing date. The notice shall state that objections to the
final account and petition for distribution must be filed in writing at
least fourteen (14) days before the hearing date.
(d) If the account is intermediate, but the personal representative has
therein petitioned the court that said account be made final as to the
matters and things reported in said account, the same procedure as to
hearing and notice shall be followed as in the case of a final account.
(e) If the account is intermediate and the personal representative
makes no request that said account may be made final as to the matters
and things reported in said account, the court may order such notice as
the court deems necessary or approve the same ex parte and without
notice. Every such intermediate account approved without notice shall
be subject to review by the court at any time and shall not become final
until the personal representative's account in final settlement is
approved by the court.
Formerly: Acts 1953, c.112, s.1606; Acts 1955, c.258, s.8; Acts
1975, P.L.288, SEC.35. As amended by P.L.118-1997, SEC.24;
P.L.252-2001, SEC.24; P.L.1-2002, SEC.125; P.L.162-2022,
SEC.12.