Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance.
Detailed Answer
Under Indiana law, you must file a petition for letters of administration to serve as a personal representative of a decedent’s estate. Per Indiana Code § 29-1-7-5, this petition must include certain documents and information.
1. Certified Death Certificate
Obtain a certified copy of the death certificate from the Indiana State Department of Health. This document proves the decedent’s passing and date of death.
2. Petition for Letters of Administration
Prepare and sign a petition form. Indiana does not provide a standardized statewide form, but courts often use local probate forms. The petition must state:
- Decedent’s full name, date of death, and county of residence.
- Names and addresses of heirs at law under Indiana Code § 29-1-2-1.
- Your relationship to the decedent and your qualifications to serve.
- Value and general description of estate assets.
3. Personal Representative’s Oath
Include a signed oath affirming that you will perform duties faithfully under Indiana Code § 29-1-7-3.
4. Bond (if required)
Court may require a surety bond. If ordered, file a bond in the amount set by the court under Indiana Code § 29-1-7-8.
5. Notice to Interested Parties
File a notice of hearing and serve all heirs and interested parties at least 10 days before the hearing, per Indiana Probate Rule 4.
6. Filing Fee
Pay the clerk’s filing fee (varies by county). Contact your local clerk for the exact amount.
Helpful Hints
- Verify county-specific forms: Check your local probate court’s website.
- List all known heirs: Avoid delays by including every heir’s correct contact information.
- Prepare an inventory: File the estate inventory within 60 days of appointment under Indiana Code § 29-1-14-2.
- Consult an attorney: For complex estates, seek professional guidance early.
- Keep copies: Retain copies of all filed documents and correspondence.