Get the inside scoop straight from the source! Our very own Judge Eichholtz has advice, requests and tips on the new E-filing system.
Process to open a contested probate claim case in Marion County
LR49-PR00 Rule 412.2 provides that If a claim is disallowed or neither allowed or disallowed by the personal representative within three (3) months and fifteen (15) days after the date of first published notice to creditors, the claimant shall pay to the Clerk of the Court the fee for filing a new cause of action and the claim will be assigned a new cause number in the Court and tried pursuant to the Indiana Rules of Trial Procedure.
This process is not for filing the claim originally. The original claim this still must be filed in the estate case. Only if it is disallowed should the following procedure be utilized.
Problems have occurred trying to accomplish this since E-filing began. Basically the system was not set up to allow direct filing of PL cases in the probate mental health category. This was recently changed and “PL- will contest” case type was added. I worked with Trial Court Technology and they have changed “PL- will contest” case type to “PL- Contested Estate Matter”. Going forward when you are e- filing a new matter under Rule 412.2 you should do so using the category Probate or Mental Health and Case Type “PL- Contested Estate Matter”.
When opening the new case
1. Select Category - Probate Mental Health
2. Select Case Type- PL- Contested Estate Matter
3. The claimant should be the plaintiff and the personal representative of the estate should be the defendant.
4. If the personal representative has an attorney in the estate add them to receive a courtesy copy of the complaint.
5. All subsequent pleadings and motions related to the claim should be filed under the new cause number.
This article was submitted by Hon. Steven Eichholtz. If you would like to write or submit content for the Estate Planning & Administration page, please contact Kim Ferguson at email@example.com.