Quick answer

If you want settlement funds from a pending Indiana wrongful death case to be held safely by the court, you or your attorney can ask the court to approve the settlement and order the money deposited with the court clerk (often called a registry or clerk’s account). The clerk will hold the funds under the court’s directions until the judge signs an order releasing the money to the proper payee(s). This protects the payer (usually an insurer) and preserves the money when multiple claimants or special circumstances (like minor beneficiaries or disputes between heirs) exist.

Detailed answer — how this works under Indiana law

1. Why you may need the court to hold proceeds

Wrongful death claims in Indiana raise special concerns: multiple heirs, claims by minors, or disputes about distribution. Indiana’s wrongful death statute governs who may bring the action and who is entitled to recovery; see Indiana Code Title 34, Article 23 for the statutory framework for wrongful death actions: https://iga.in.gov/legislative/laws/2024/ic/titles/34#34-23. When an insurer or defendant wants to avoid later liability or when parties disagree about distribution, depositing settlement funds with the court clerk provides a neutral holding place while the court resolves any outstanding procedural or substantive issues.

2. Typical legal route to secure funds with the clerk

1. File a motion or joint stipulation for approval and deposit. The plaintiff (or their lawyer) files a motion or agreed entry asking the court to (a) approve the settlement (if required), and (b) order the defendant/insurer to deposit the settlement funds with the clerk of the court. The filing should set out who the claimants are and the reason the clerk should hold the money (e.g., pending minor-compromise approval, competing claims, or no agreed distribution).
2. Provide proposed order and settlement documents to the court. Attach the settlement agreement and a proposed order directing the defendant or insurer to deposit the funds into the court’s registry account and to identify the case and parties on the deposit documents.
3. Court review and entry of order. The judge reviews the motion and any objections. If the judge signs the order, it becomes the direction the clerk uses to accept and hold the funds.
4. Deposit with the clerk. The payer (insurer, defendant, or plaintiff per court instruction) delivers the check or wire to the clerk’s office as ordered. The clerk typically credits the funds to the case’s registry or trust account and notes the deposit on the court docket.
5. Hold until distribution order. The clerk will hold the money until the court signs a subsequent order that authorizes disbursement to the claimant(s), payment of liens, attorney fees, or appointment/approval of guardians for minor beneficiaries.

3. When the court often requires extra steps

Court involvement increases when the settlement affects minors, incapacitated persons, or multiple potential claimants:

• Minor beneficiaries: The court typically requires that the settlement for a minor be approved or that a guardian be appointed or give consent. Sometimes the court will approve a structured distribution or order funds be placed in a blocked account for the minor.
• Incapacitated beneficiaries: The court may require a guardian or conservator to be appointed or that the settlement be approved in a guardianship or protective proceeding.
• Competing claims or creditor liens: The court may require notice to potential claimants or creditors before release. It may also direct the clerk to hold funds while a separate interpleader or collection resolution occurs.

4. Practical documents you should expect to prepare or bring

• Motion or agreed entry requesting deposit (with legal basis and facts)
• Proposed order directing deposit and specifying distribution conditions
• Settlement agreement and releases
• Death certificate (for wrongful death cases)
• Identification and proof of status for proposed payees (heirs, personal representative, guardian)
• Any guardian or conservator appointment paperwork (if applicable)
• Evidence of liens (medical liens, Medicare/Medicaid reimbursement claims) so the court can address them before distribution

5. What the clerk does and what to expect

The clerk acts on the court’s orders. Typical clerk tasks include:

• Accepting and logging deposits to the case registry or clerk’s trust account.
• Maintaining an accounting record for the funds and docketing deposits and disbursements.
• Disbursing funds only on a signed court order that specifies payees and amounts.
• Charging any statutory fees or costs against the registry funds, if applicable.

6. Timeline and costs

Timelines vary. If the parties file a joint entry and there are no objections, courts often sign the deposit order quickly (days to a few weeks). If the settlement involves guardianship approvals, notice periods, lien resolution, or contested distribution claims, it can take months. Clerks may assess administrative fees and the clerk’s registry often pays minimal interest; ask the clerk’s office about the county practice and any costs.

7. When the payer wants protection from future liability

An insurer or defendant who wishes to avoid later claims sometimes seeks a court-ordered interpleader or court-ordered deposit. Once the funds are paid into the court’s registry under a court order, the payer can obtain a discharge from further liability as to the deposited amount. If multiple claimants dispute entitlement, the court resolves distribution and the payer is protected upon deposit under the court’s order.

8. Example (hypothetical).

Hypothetical fact pattern: Jane’s spouse dies in a car crash. The insurer offers $500,000 to settle. Jane has two minor children and an estranged adult sibling who claims part of the recovery. Jane’s attorney files a joint motion asking the court to (1) approve the settlement as to the minors, (2) order the insurer to deposit the $500,000 with the clerk pending resolution of distribution and lien issues, and (3) allow the court to hold funds until a hearing on allocation and guardian-account setup. The judge signs the order; the insurer deposits the funds with the clerk’s registry; the clerk records the deposit on the docket and waits for the court’s further distribution order after required notices and hearings. This protects the insurer and ensures the children’s share is handled under court supervision.

9. Key Indiana authority and court rules to consult

• Indiana wrongful death statute (see Title 34, Article 23): https://iga.in.gov/legislative/laws/2024/ic/titles/34#34-23
• Indiana Rules of Trial Procedure (procedural rules relevant to motions, guardians, and deposits): https://www.in.gov/judiciary/rules/trial-procedure/
• Local county clerk procedures — check the specific county clerk website for registry deposit instructions and wire/check routing details (practices vary by county).

10. When to involve an attorney

If minors, incapacitated persons, competing claimants, liens, or complex allocation issues exist, get an Indiana attorney experienced in wrongful death or probate to prepare the motions, handle court hearings, and coordinate with the clerk so funds are deposited and later released correctly. Even when parties agree, an attorney helps draft precise orders that protect all parties and avoid later disputes.

Disclaimer

This article explains general principles under Indiana law and is for educational purposes only. It does not constitute legal advice. For advice about a specific case, contact a licensed Indiana attorney.

Helpful Hints

• Ask the payer to deposit funds directly to the clerk only after the court signs a specific order directing the deposit.
• File a clear proposed order that lists exactly who may receive funds and under what conditions the clerk should make disbursements.
• If minors are beneficiaries, request a hearing or guardian appointment to avoid future objections.
• Provide the clerk with wire instructions early. County clerks have different procedures and may require a trust-account disclosure or special deposit form.
• Address lienholders (medical providers, Medicare/Medicaid) before disbursement; bring documentation to the court to avoid later claims against distributions.
• Keep copies of the docket entries, the clerk’s receipt of deposit, and the court’s disbursement order—these protect payers and recipients later.
• Consider asking the court for specific language that discharges the payer from further liability once it deposits the funds with the clerk.
• Consult the Indiana wrongful death statute for who may bring an action and who may recover: IC 34-23 (Indiana Code).
• Review Indiana Rules of Trial Procedure for procedural steps and notice requirements: Indiana Trial Rules.