§ 29-1-7-7 — Notice of administration

Indiana § 29-1-7-7

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 7: Probate and Grant of Administration

Text

(a) As soon as letters testamentary or of
administration, general or special, supervised or unsupervised, have
been issued, notice of the estate administration shall be published.
(b) The notice required under subsection (a) shall be published in
a newspaper of general circulation, printed in the English language and
published in the county where the court is located, once each week for
two (2) consecutive weeks. A copy of the notice, with proof of
publication, shall be filed with the clerk of the court as a part of the
administration of the estate within thirty (30) days after the publication.
If no newspaper is published in the county, the notice shall be
published in a newspaper published in an adjacent county.
(c) The notice required under subsection (a) shall be served through
the E-filing System of the Indiana Courts or by first class postage
prepaid mail on each heir, devisee, legatee, and known creditor whose
name and address is set forth in the petition for probate or letters,
except as otherwise ordered by the court.
(d) The personal representative or the personal representative's
agent shall, within one (1) month after the first publication of notice
under subsection (a) or as soon as possible after the elapse of one (1)
month, serve a written or electronic copy of the notice on each creditor
of the decedent:
(1) whose name is not set forth in the petition for probate or
letters under subsection (c);
(2) who is known or reasonably ascertainable within one (1)
month after the first publication of notice under subsection (a);
and
(3) whose claim has not been paid or settled by the personal
representative.
The notice may be served by mail or any other means reasonably
calculated to ensure actual receipt of the notice by a creditor. The unit
is a reasonably ascertainable creditor under this section if the decedent
was at least fifty-five (55) years of age at the time of death and dies on
or after June 30, 2018. Notice served under this section by mail to the
unit at the unit's address is reasonably calculated to ensure receipt of
the notice by the unit.
(e) If a creditor described in subsection (d) is served within one (1)
month after the first publication of notice, the personal representative
or the personal representative's agent shall serve a copy of the notice
issued by the clerk under subsection (a). A creditor that is served notice
described in this subsection must file a claim against the estate within
three (3) months after the date of the first published notice to creditors
under IC 29-1-14-1.
(f) If a creditor described in subsection (d) is not served within one
(1) month after the first publication of notice, the personal
representative or the personal representative's agent shall electronically
file a new proposed notice with the clerk of the court. Once the clerk
of the court has issued the new notice, the personal representative or
the personal representative's agent shall serve a written or electronic
copy of the notice by mail or any other means reasonably calculated to
ensure actual receipt of the notice by a creditor. A creditor that is
served notice under this subsection must submit a claim against the
estate within two (2) months from the date of service of the notice.
(g) Any claim filed under IC 29-1-14-1(a) more than nine (9)
months after the death of the decedent is barred.
(h) A schedule of creditors that received notice under subsections
(d) and (f) shall be delivered to the clerk of the court as soon as
possible after notice is given.
(i) The giving of notice to a creditor or the listing of a creditor on
the schedule delivered to the clerk of the court does not constitute an
admission by the personal representative that the creditor has an
allowable claim against the estate.
(j) If any person entitled to receive notice under this section is under
a legal disability, the notice may be served upon or waived by the
person's natural or legal guardian or by the person who has care and
custody of the person.
(k) Notice filed under subsection (a) or served under subsection (e)
shall read substantially as follows:
NOTICE OF ADMINISTRATION
In the _____________ Court of ______________ County, Indiana.
Notice is hereby given that _________ was, on the ____ day of
______, 20 __, appointed personal representative of the estate of
_________, deceased, who died on the ___ day of ________, 20 __.
All persons who have claims against this estate, whether or not now
due, must file the claim in the office of the clerk of this court within
three (3) months from the date of the first publication of this notice, or
within nine (9) months after the decedent's death, whichever is earlier,
or the claims will be forever barred.
Dated at ________, Indiana, this ___ day of ______, 20 __.
_______________________________
CLERK OF THE _________ COURT
FOR _______ COUNTY, INDIANA
(l) Notice filed and served under subsection (f) shall read
substantially as follows:
NOTICE OF ADMINISTRATION
In the _____________ Court of ______________ County, Indiana.
Notice is hereby given that _________ was, on the ____ day of
______, 20 __, appointed personal representative of the estate of
_________, deceased, who died on the ___ day of ________, 20 __.
All persons who have claims against this estate, whether or not now
due, must file the claim in the office of the clerk of this court within
two (2) months from the date of service of this notice, or within nine
(9) months after the decedent's death, whichever is earlier, or the
claims will be forever barred.
Dated at ________, Indiana, this ___ day of ______, 20 __.
_______________________________
CLERK OF THE _________ COURT
FOR _______ COUNTY, INDIANA
Formerly: Acts 1953, c.112, s.707; Acts 1955, c.258, s.4; Acts
1975, P.L.288, SEC.6. As amended by P.L.154-1990, SEC.2;
P.L.197-1996, SEC.1; P.L.252-2001, SEC.12; P.L.95-2007, SEC.4;
P.L.143-2009, SEC.10; P.L.163-2018, SEC.5; P.L.231-2019, SEC.7;
P.L.162-2022, SEC.7; P.L.50-2025, SEC.1.