Detailed Answer
Under Indiana law, a personal representative must file a final accounting with the court and serve a copy on all interested persons before a hearing on settlement. “Interested persons” include heirs, beneficiaries named in the will, creditors, and anyone else with a claim or interest in the estate (IC 29-1-2-9(5)).
Indiana Code § 29-1-14-8 requires the personal representative to file the account and notify interested persons of the hearing date. In practice, the representative must deliver or mail each interested person a copy of the accounting at least 20 days before the hearing (IC 29-1-14-8).
Probate Administrative Rule 4(B) also mandates service of the account on interested parties. If you qualify as an interested person, you can expect to receive a written notice and a copy of the accounting directly from the personal representative or via the court clerk’s office (Probate Admin. Rule 4(B)).
If the personal representative fails to provide the accounting, you may:
- Request a copy from the clerk of the probate court.
- File a petition to compel production under Indiana Trial Rule 37, citing noncompliance with IC 29-1-14-8.
- Attend the hearing and ask the judge to order delivery of the account.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Identify yourself as an “interested person” under IC 29-1-2-9 to secure rights to estate records.
- Keep copies of all written requests you send to the personal representative or court clerk.
- Note the hearing date and file objections within the deadline if you believe the accounting is inaccurate.
- Review estate notices published in your local newspaper for pending hearings.
- If in doubt, contact the probate court clerk for procedural guidance on obtaining records.