Executor Duties in Indiana

As soon as letters are issued, the personal representative publishes notice of administration once a week for two consecutive weeks and mails it to heirs, beneficiaries and known creditors. Within two months after appointment (unless the court allows more time), the representative prepares a verified inventory showing the fair market value of each item and all known liens, classified as real property, tangible and intangible personal property; it is given to interested persons who ask unless filed with the court. In an unsupervised estate, the representative may close by a verified closing statement filed no earlier than three months after first publication of notice to creditors, after paying claims, recording a personal representative's deed for any real estate, and distributing all assets.

Indiana courts grant "letters testamentary" (with a will) or "letters of general administration" (without one) after a petition to probate the will and/or appoint a personal representative. Priority goes to the executor named in a probated will, then a surviving spouse who is a devisee, other devisees, the spouse or the spouse's nominee, an heir or an heir's nominee, then any qualified person. A nonresident may serve as sole personal representative only by filing written acceptance, appointing an Indiana resident agent, and posting bond. In unsupervised administration the court may adjust or waive bond.

Claims must be filed with the court within three months after the first published notice to creditors (or, for a beneficiary named in a will whose probate is later revoked, within three months after the revocation, if later). A known or reasonably ascertainable creditor who was not served notice within one month after the first publication, and is served later, must file within two months after being served. All claims are barred if not filed within nine months after death. Claims of the United States, the state or its political subdivisions are not subject to these filing deadlines, but the state's Medicaid estate recovery unit must file its claim within nine months after death. Mortgages and other liens can still be enforced, and negligence claims against a deceased person's estate can be brought within the tort statute of limitations.