Sec. 7. (a) As soon as letters testamentary or of administration, general or special, supervised or unsupervised, have been issued, notice of the estate administration shall be published. (b) The notice required under subsection (a) shall be published in a newspaper of general circulation, printed in the English language and published in the county where the court is located, once each week for two (2) consecutive weeks. A copy of the notice, with proof of publication, shall be filed with the clerk of the court as a part of the administration of the estate within thirty (30) days after the publication. If no newspaper is published in the county, the notice shall be published in a newspaper published in an adjacent county. (c) The notice required under subsection (a) shall be served through the E-filing System of the Indiana Courts or by first class postage prepaid mail on each heir, devisee, legatee, and known creditor whose name and address is set forth in the petition for probate or letters, except as otherwise ordered by the court. (d) The personal representative or the personal representative's agent shall, within one (1) month after the first publication of notice under subsection (a) or as soon as possible after the elapse of one (1) month, serve a written or electronic copy of the notice on each creditor of the decedent: (1) whose name is not set forth in the petition for probate or letters under subsection (c); (2) who is known or reasonably ascertainable within one (1) month after the first publication of notice under subsection (a); and (3) whose claim has not been paid or settled by the personal representative. The notice may be served by mail or any other means reasonably calculated to ensure actual receipt of the notice by a creditor. The unit is a reasonably ascertainable creditor under this section if the decedent was at least fifty-five (55) years of age at the time of death and dies on or after June 30, 2018. Notice served under this section by mail to the unit at the unit's address is reasonably calculated to ensure receipt of the notice by the unit. (e) If a creditor described in subsection (d) is served within one (1) month after the first publication of notice, the personal representative or the personal representative's agent shall serve a copy of the notice issued by the clerk under subsection (a). A creditor that is served notice described in this subsection must file a claim against the estate within three (3) months after the date of the first published notice to creditors under IC 29-1-14-1 . (f) If a creditor described in subsection (d) is not served within one (1) month after the first publication of notice, the personal representative or the personal representative's agent shall electronically file a new proposed notice with the clerk of the court. Once the clerk of the court has issued the new notice, the personal representative or the personal representative's agent shall serve a written or electronic copy of the notice by mail or any other means reasonably calculated to ensure actual receipt of the notice by a creditor. A creditor that is served notice under this subsection must submit a claim against the estate within two (2) months from the date of service of the notice. (g) Any claim filed under IC 29-1-14-1 (a) more than nine (9) months after the death of the decedent is barred. (h) A schedule of creditors that received notice under subsections (d) and (f) shall be delivered to the clerk of the court as soon as possible after notice is given. (i) The giving of notice to a creditor or the listing of a creditor on the schedule delivered to the clerk of the court does not constitute an admission by the personal representative that the creditor has an allowable claim against the estate. (j) If any person entitled to receive notice under this section is under a legal disability, the notice may be served upon or waived by the person's natural or legal guardian or by the person who has care and custody of the person. (k) Notice filed under subsection (a) or served under subsection (e) shall read substantially as follows: NOTICE OF ADMINISTRATION In the _____________ Court of ______________ County, Indiana. Notice is hereby given that _________ was, on the ____ day of ______, 20 __, appointed personal representative of the estate of _________, deceased, who died on the ___ day of ________, 20 __. All persons who have claims against this estate, whether or not now due, must file the claim in the office of the clerk of this court within three (3) months from the date of the first publication of this notice, or within nine (9) months after the decedent's death, whichever is earlier, or the claims will be forever barred. Dated at ________, Indiana, this ___ day of ______, 20 __. _______________________________ CLERK OF THE _________ COURT FOR _______ COUNTY, INDIANA (l) Notice filed and served under subsection (f) shall read substantially as follows: NOTICE OF ADMINISTRATION In the _____________ Court of ______________ County, Indiana. Notice is hereby given that _________ was, on the ____ day of ______, 20 __, appointed personal representative of the estate of _________, deceased, who died on the ___ day of ________, 20 __. All persons who have claims against this estate, whether or not now due, must file the claim in the office of the clerk of this court within two (2) months from the date of service of this notice, or within nine (9) months after the decedent's death, whichever is earlier, or the claims will be forever barred. Dated at ________, Indiana, this ___ day of ______, 20 __. _______________________________ CLERK OF THE _________ COURT FOR _______ COUNTY, INDIANA Formerly: Acts 1953, c.112, s.707; Acts 1955, c.258, s.4; Acts 1975, P.L.288, SEC.6. As amended by P.L.154-1990, SEC.2; P.L.197-1996, SEC.1; P.L.252-2001, SEC.12; P.L.95-2007, SEC.4; P.L.143-2009, SEC.10; P.L.163-2018, SEC.5; P.L.231-2019, SEC.7; P.L.162-2022, SEC.7; P.L.50-2025, SEC.1.
‹ Prev All Indiana sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.