5.
(a)As soon as letters testamentary or
letters of administration have been issued, the clerk of the court shall
sign and issue a notice of unsupervised administration addressed to the:
(1)decedent's heirs at law, if the decedent died intestate; or
(2)devisees and legatees under the decedent's will, if the
decedent died with a will that is admitted to probate.
(b)The notice required under subsection (a) shall read substantially
as follows:
In the _________ Court of _________ County, Indiana.
Notice is hereby given that ____________, on the _____ day of
________, 20__, was appointed as the personal representative of the
estate of ______________, who died on the ____ day of __________,
20__, {leaving a will} {not leaving a will}. The estate will be
administered without court supervision
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5. (a) As soon as letters testamentary or
letters of administration have been issued, the clerk of the court shall
sign and issue a notice of unsupervised administration addressed to the:
(1) decedent's heirs at law, if the decedent died intestate; or
(2) devisees and legatees under the decedent's will, if the
decedent died with a will that is admitted to probate.
(b) The notice required under subsection (a) shall read substantially
as follows:
In the _________ Court of _________ County, Indiana.
Notice is hereby given that ____________, on the _____ day of
________, 20__, was appointed as the personal representative of the
estate of ______________, who died on the ____ day of __________,
20__, {leaving a will} {not leaving a will}. The estate will be
administered without court supervision.
As an heir, a devisee, or a legatee of the estate (a "distributee"), you
are advised of the following information:
(1) The personal representative has the authority to take actions
concerning the estate without first consulting you.
(2) The personal representative may be serving without posting a
bond with the court. You have the right to petition the court to set
a bond for your protection. You also have the right to petition the
court to remove a corporate personal representative not later than
thirty (30) days after this notice if the ownership or control of the
corporate personal representative has changed since the execution
of the decedent's will.
(3) The personal representative will not obtain court approval of
any action, including the amount of attorney's or personal
representative's fees.
(4) Within two (2) months after the appointment of the personal
representative, the personal representative must prepare an
inventory of the estate's assets. You have the right to request and
receive a copy of this inventory from the personal representative.
However, if you do not participate in the residue of the estate and
receive only a specific bequest in money or personal property that
will be paid, you are entitled only to the information concerning
your specific bequest and not to the assets of the estate as a
whole.
(5) The personal representative is required to furnish you with a
copy of the closing statement that will be filed with the court, and,
if your interests are affected, with a full account in writing of the
administration of the estate.
(6) You must file an objection to the closing statement within
three (3) months after the closing statement is filed with the court
if you want the court to consider your objection.
(7) If an objection to the closing statement is not filed with the
court within three (3) months after the filing of the closing
statement, the estate is closed and the court does not have a duty
to audit or make an inquiry.
IF, AT ANY TIME BEFORE THE ESTATE IS CLOSED, YOU
HAVE REASON TO BELIEVE THAT THE ADMINISTRATION OF
THE ESTATE SHOULD BE SUPERVISED BY THE COURT, YOU
HAVE THE RIGHT TO PETITION THE COURT FOR SUPERVISED
ADMINISTRATION.
IF YOU DO NOT UNDERSTAND THIS NOTICE, YOU SHOULD
ASK YOUR ATTORNEY TO EXPLAIN IT TO YOU.
The personal representative's address is ____________, and
telephone number is ___________. The attorney for the personal
representative is _______________, whose address is
_______________ and telephone number is _________.
Dated at _____________, Indiana, this _____ day of
_______________, 20__.
CLERK OF THE _______________ COURT
(c) The issuance and mailing of notice under this section may not be
waived.
(d) After the notice is issued under subsection (c), the personal
representative or the personal representative's agent shall mail the
notice to each person whose name and address is required to be listed
in the notice under subsection (a).