Detailed Answer
Under Indiana law, a beneficiary or other interested party can rely on the two-year claim bar in IC 29-1-14-11 only if the personal representative met all creditor notice requirements. To verify compliance, you must review the probate court file, docket entries, and supporting records.
Notice Requirements Under Indiana Code
- Publication Notice: The personal representative must publish notice in a newspaper of general circulation in the probate county once each week for three consecutive weeks (IC 29-1-14-3). See IC 29-1-14-3.
- Mailing to Known Creditors: The representative must mail written notice to all known or reasonably ascertainable creditors within two months of appointment (IC 29-1-14-5). See IC 29-1-14-5.
- Claim Bar Deadline: Creditors must file claims within two years of the decedent’s death if notice requirements were met, under IC 29-1-14-11. See IC 29-1-14-11.
Steps to Verify Compliance
- Obtain the probate case file from the clerk’s office or online portal. Look for the Notice to Creditors, Affidavit of Mailing, and Proof of Publication.
- Review docket and journal entries for filings related to creditor notice. Note the filing dates and judge’s signatures.
- Request certified copies of any affidavits of publication that the newspaper filed with the court.
- Check local newspaper archives or contact the newspaper directly to confirm publication dates and wording.
- Confirm the file contains a creditor list and proof of service (e.g., certified mail receipts or affidavit of service).
Helpful Hints
- Use the county’s online case management system for a quick docket search.
- Compare the decedent’s date of death with notice dates to ensure the two-month mailing deadline was met.
- Verify that the publication ran in a newspaper qualified under IC 29-1-14-3.
- Check clerk’s fee records to see when affidavits were filed.
- Visit a local legal self-help center if you need assistance accessing or interpreting probate records.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.