The Supreme Court of Indiana recently issued an opinion that affects court handling of petitions to appoint special administrators. Effective immediately, upon filing of a petition for appointment of a special administrator, or of an administrator or personal representative for certain limited purposes, such as to pursue a wrongful death claim, your Marion County Probate Court will:
- Require the movant to identify each potential beneficiary (or his/her legal representative) by name and address in the motion/petition; and
- Set the matter for hearing to determine suitability of the proposed special administrator, and to provide interested parties an opportunity to respond or object.
If you motion/petition fails to include the names and addresses of potential beneficiaries, the Court will issue a notice to provide same. Once the petition is properly filed, the Court will set a hearing and require that notice be provided. The Court will not require a hearing if the movant files written consents from all beneficiaries.
Please refer to In re Unsupervised Estate of Orlando, 2019 WL 2335856.
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