Adams County Courts, Indiana
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Filing Requirements8 rules
A probate matter must have an Indiana-admitted attorney listed as attorney of record; if an out-of-state attorney is involved, the Indiana attorney is responsible for the probate matter.
Court's wording
No estates, guardianships or other probate matters will be filed in this Court unless there is at least one attorney admitted to practice law in the State of Indiana listed as attorney of record. In the event there is an out of state attorney there must be an Indiana lawyer listed as the attorney of record and the Court will look to the Indiana attorney as the responsible attorney in all probate matters.
If the attorney cannot file the inventory within two months, the attorney must notify the Court in writing of the reasons for noncompliance.
Court's wording
In the event that the attorney for the Personal Representative is unable to file an inventory within two months, he will so apprise the Court by a statement in writing the reasons for failure to comply with this Rule and I.C. 29-1-12-1.
In all supervised estates, no petition to sell real property will be granted unless a competent written appraisal setting forth the fair market value thereof is filed with the Court at the time of filing the petition to sell, unless such appraisal was reflected in the inventory.
In all supervised estates, the Personal Representative shall file with the Court within two months of his appointment, a verified Inventory prepared in conformity with the requirements of I.C. 29-1-12-1.
In specified family and paternity proceedings, each party must file an attendance certificate before the final hearing; the Court may allow an exception for good cause or order attendance in other cases.
Court's wording
(a) The parties to every Petition for Dissolution of Marriage or Petition for Legal Separation which involves minor or unemancipated children and all parties to Paternity proceedings shall attend and pay for the Families in Transition program administered and presented by Family Centered Services, Inc., or such other organization that the Court may from time to time designate. A certificate of attendance for each party shall be filed with the Court by each party before a final hearing may be held. (b) Any exception to the above may only be granted by express order of the Court after a showing of good cause for such exception. (c) The Court may order parties to other cases to attend Families in Transition and upon such occasions the parties shall comply with the above terms as well as any order entered in their particular case.
The agreement of the parties must be in writing and filed in the Court where the case is pending.
Fee petitions requesting extraordinary fees must set forth services rendered with specificity.
Court Reporters must submit an annual report on the prescribed forms listing transcript fees received.
Court's wording
Each Court Reporter shall submit a report, at least on an annual basis to the Indiana Supreme Court Division of State Administration, on forms prescribed by the Division, all transcript fees (either county indigent, state indigent or private) received by the Court Reporter.
Filing & Service rules
Filing Timing and Cure Windows
In a supervised estate, any required appraisal must be filed with the petition to sell; no separate appraisal is required if it is reflected in the inventory.
In all supervised estates, no petition to sell real property will be granted unless a competent written appraisal setting forth the fair market value thereof is filed with the Court at the time of filing the petition to sell, unless such appraisal was reflected in the inventory.
Page 3 | PROBATE RULES OF THE ADAMS CIRCUIT COURT
In a supervised estate, the verified inventory is due within two months after the Personal Representative’s appointment.
In all supervised estates, the Personal Representative shall file with the Court within two months of his appointment, a verified Inventory prepared in conformity with the requirements of I.C. 29-1-12-1.
Page 3 | PROBATE RULES OF THE ADAMS CIRCUIT COURT
If an estate cannot be closed, the attorney must report its condition to the Court within one year of appointment and annually until administration is complete.
If an estate cannot be closed, the attorney for the Personal Representative must report the condition of the estate to the Court within one year after date of his appointment, and thereafter, every year until the estate is fully administered.
Page 4 | PROBATE RULES OF THE ADAMS CIRCUIT COURT
The parties may agree to appoint an eligible special judge within seven days after the qualifying order is noted on the CCS.
Pursuant to TR 79(D) – Within seven (7) days of the notation on the Chronological Case Summary (CCS) of an Order granting a change of judge or an order of disqualification, the parties may agree to the appointment of an eligible special judge.
Page 17 | SPECIAL JUDGE APPOINTMENT /TRIAL RULE 79(H)
Filing Fees and Waivers
Court-ordered fines, fees, costs, and civil penalties are due as directed by the Court, or by 4:00 PM on the due date if the Court sets no other time.
All fine, fees, costs, and civil penalties ordered shall be paid on a timely basis, as directed by the Court. If not otherwise ordered, payments are due by 4:00 PM on the due date.
Page 9 | Late Fees
If court costs, fines, or civil penalties are not paid by the ordered date, a late fee of $25 or the maximum permitted by Indiana law must be imposed.
If all court costs, fines, or civil penalties are not paid by the date ordered, an additional late fee of $25.00, or the maximum allowed by Indiana Law shall be imposed.
Page 9 | Late Fees
A court may suspend a late payment fee if it finds that the defendant showed good cause for failing to pay in full on time.
A court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment in full.
Page 9 | Late Fees