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Local Rule - State of Indiana

Local Rule - State of Indiana

Local Rule - State of Indiana

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5000 SERIESPORTER COUNTY LOCAL PROBATE RULESLR64-PR00-5000NOTICE5000.10 Whenever notice by publication and/or written notice by U.S. mail is requiredto be given, the attorney shall prepare such notice and shall ensure that such notice is properlypublished and/or served by certified mail, return receipt requested. The notice shall comply withall statutory requirements. It shall be the attorney's responsibility to provide pro<strong>of</strong> <strong>of</strong> service priorto bringing a matter to the Court. Copies <strong>of</strong> petitions shall be sent with all notices where thehearing involved arises from the matters contained in the petition. Notice <strong>of</strong> the opening <strong>of</strong> anestate shall be sent by first class United <strong>State</strong>s mail to all readily ascertainable creditors.LR64-PR00-5100 PLEADINGS5100.10 Filing. When pleadings are filed by mail, or left with the Court for filing, aself-addressed, stamped envelope shall be included for return <strong>of</strong> documents to the attorney.Routine pleadings, such as inventories, inheritance tax schedules, and final reports, may be filedwith the Clerk for transmittal to the Court.5100.20 Orders. All attorneys are required to prepare orders for all proceedings exceptwhen expressly directed otherwise by the Court.5100.30 Signature and Information. Every pleading, including inventories,petitions, and accountings, filed in an estate or guardianship shall be signed and verified by thefiduciary and signed by the attorney for the fiduciary. The initial petition to open an estate orguardianship shall contain the name, address, social security number, and date <strong>of</strong> birth <strong>of</strong> thefiduciary, if a person.LR64-PR00-5200BOND5200.10 Amount and Exceptions. In every estate and guardianship, the fiduciary,prior to the issuance <strong>of</strong> letters, shall file a corporate surety bond not less than the value <strong>of</strong> thepersonal property to be administered, plus the probable value <strong>of</strong> annual rents and pr<strong>of</strong>its <strong>of</strong> allproperty <strong>of</strong> the estate in such amount as shall be set by the Court, except as hereinafter provided:(1) Where, under the terms <strong>of</strong> the Will, the testator expresses an intention that the bondbe waived, the Court shall set a bond adequate to protect creditors and taxingauthorities.(2) Where the fiduciary is an heir or legatee <strong>of</strong> the estate, the bond may be reduced bysaid fiduciary's share <strong>of</strong> the estate.50

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