Detailed Answer
When no probate hearing date exists, the personal representative or interested party must formally request and set one. Under Indiana law, you follow these core steps:
- Identify the Purpose of the Hearing. Common reasons include approval of final account, petition to remove or appoint a personal representative, or approval of asset sales.
- Prepare and File a Petition. Draft a petition titled “Petition to Set Hearing” that states the case caption, estate name, case number, and the relief sought. File this document with the Clerk of the Circuit or Superior Court where the estate is pending. See Indiana Code §29-1-16-1 (IC 29-1-16-1).
- Obtain a Hearing Date. After filing, contact the court’s probate clerk or use the court’s electronic scheduling system to secure an available date. Some counties require a hearing request form or a proposed order; check your local court’s website.
- Serve Notice to Interested Parties. Indiana law requires notice to all heirs, beneficiaries, and creditors at least ten days before the hearing. Follow Indiana Code §29-1-14-2 (IC 29-1-14-2) and Indiana Trial Rule 6(b) for timing and method of service.
- File a Notice of Hearing. Submit a formal Notice of Hearing form or document with the court, listing the date, time, location, and subject of the hearing. The clerk will stamp it and you must serve stamped copies on each party.
- Confirm and Attend the Hearing. Verify the hearing in advance, prepare any required exhibits, and arrive early. Bring proof of service and multiple copies of all documents for the judge and other parties.
Helpful Hints
- Review your local court’s probate procedures online before filing.
- Use Indiana’s e-filing system to streamline document submission.
- Keep a service log and certified mail receipts for your records.
- Check Indiana Code Title 29 for updated deadlines and rules.
- Draft a clear, concise proposed order scheduling the hearing.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific legal situation.