Detailed Answer
Under Indiana law, an interested party in a probate matter can use a court-ordered subpoena duces tecum to gather estate records from third-party custodians. Indiana Trial Rule 45 governs subpoenas in civil and probate proceedings (T.R. 45).
1. Confirm You’re an Eligible “Interested Person”
“Interested persons” include personal representatives, heirs, devisees, creditors, or any party with a stake in the estate (IC 29-1-1-2). Only these individuals may petition the probate court for relief.
2. Draft the Subpoena Duces Tecum
Prepare a subpoena specifying the documents you need—bank statements, deeds, tax returns, or other estate-related records. Follow the format in T.R. 45(A) and clearly state the date, time, and location for production.
3. File a Motion or Petition with Probate Court
Submit a motion or petition requesting the court to issue the subpoena. Attach your drafted subpoena form and explain why each category of documents is relevant to estate administration or creditor review.
4. Secure the Judge’s Signature and Issue the Subpoena
After filing, the judge will review your request. Once approved, the court clerk issues the signed subpoena under the court seal. This formal court order compels the records custodian to comply.
5. Serve the Subpoena Properly
Serve the signed subpoena at least seven days before the production date in accordance with T.R. 45(e). Service may be made by the county sheriff or any nonparty adult process server. Include the witness fee ($5) and mileage (20¢ per mile) to avoid objections (T.R. 45(C)).
6. Address Objections or Motions to Quash
If the custodian objects—arguing undue burden or irrelevance—they must file a motion to quash before the return date. You can respond in writing or appear in court to show the documents’ relevance and narrow scope under T.R. 45(G).
7. Move to Compel Compliance if Needed
Should the custodian ignore the subpoena, file a motion to compel production under T.R. 45(G). The court may sanction the custodian or hold them in contempt until they comply.
8. Use the Records in Your Probate Matter
Once received, you can introduce the records at hearings or submit them to the court to establish asset values, validate claims, or support distribution plans.
Disclaimer: This article is for educational purposes and does not constitute legal advice.
Helpful Hints
- Review local probate court rules for filing requirements and fees.
- Tailor your request narrowly to avoid “undue burden” objections.
- Include proper witness/mileage fees to prevent service challenges.
- Keep copies of all filed motions, subpoenas, and proof of service.
- Act promptly on any motions to quash to maintain your production timeline.