Madison County Courts, Indiana Filing Timing and Cure Windows

INFO

A guardian or the guardian's attorney may petition for fees when filing an inventory or at another time provided by the Court.

C. A guardian or guardian's attorney may petition for fees at the time of filing an inventory, or as otherwise provided by the Court.

CRITICAL

Deadline

4 working days

Except in an emergency, a subpoena or notice of hearing must be filed at least four working days before the scheduled hearing for the Bailiff to serve it.

Except in an emergency, a subpoena or notice of hearing will not be served by the Bailiff unless the same has been filed four (4) working days prior to a scheduled hearing.

CRITICAL

Inventory filing periods run from the fiduciary’s appointment date.

All times relate to the date of appointment of the fiduciary.

CRITICAL

A provisional hearing must be scheduled at least fifteen days after the motion is filed unless the Court grants special leave.

Except by special leave of Court, provisional hearings shall be scheduled not less than fifteen (15) days after the filing of the motion.

CRITICAL

When a bond is required, the fiduciary must file a court-determined corporate surety bond before letters issue; no bond is required in the specified supervised estate or guardianship with a qualified corporate banking fiduciary.

If a bond is required in an estate or guardianship, the fiduciary, prior to the issuance of letters, shall file a corporate surety bond in an amount determined by the Court after considering the following factors: (a) the value of the personal property to be administered; (b) the probable value of annual rents and profits of all property of the estate; (c) the rights of creditors, taxing authorities and devises. No bond shall be required in any supervised estate or guardianship in which a corporate banking fiduciary qualified by law to serve as such is either the fiduciary or one of several co-fiduciaries.

CRITICAL

The enlargement motion and accompanying order must be filed on or before the original due date for the automatic-enlargement rule to apply.

Said motion and accompanying order must be filed on or before the original due date or this rule shall not apply.

CRITICAL

Financial Declarations on forms adopted by the Madison Circuit Court and Indiana Child Support worksheets shall be completed in full, dated and filed prior to trial in all contested matters involving child support or disposition of assets.

Financial Declarations on forms adopted by the Madison Circuit Court and Indiana Child Support worksheets shall be completed in full, dated and filed prior to trial in all contested matters involving child support or disposition of assets.

CRITICAL

A real-estate appraisal required by the Court must be made within one year of the Petition for Sale.

All such appraisals if required by the Court shall be made within one year of the date of the Petition for Sale.

CRITICAL

Financial Declarations with current pay stubs must be filed two days before preliminary or final hearings.

Financial Declarations, with current pay stub attached, shall be filed with the Court two (2) days before any preliminary or final hearing.

CRITICAL

An appraisal required by the Court for a Petition to Sell must be made within one year of the petition date.

All appraisals required by the Court shall be made within one year of the date of the Petition to Sell.

CRITICAL

The Notice of Pretrial Conference must be filed within 30 days after the petition; if it is not, the court will notify the parties that the action will be dismissed without prejudice in 10 days if no conference is conducted.

If a Notice of Pretrial Conference is not filed within thirty days (30) of the petition being filed, the court shall enter a docket entry notifying the parties that the cause of action shall be dismissed in ten days (10) without prejudice if a pretrial conference is not conducted.

CRITICAL

A writ of body attachment expires two years after issuance and may be reissued only on good-faith information showing legitimate reasons for renewal.

C. Expiration of Writs of Body Attachment - A writ of body attachment expires 2 years after its issuance. An expired writ may be reissued only upon good faith information being presented to the court justifying legitimate reasons for renewal. (Amended effective June 25, 2016)

CRITICAL

A permanent guardian must file an inventory within ninety days of appointment, and a temporary guardian within thirty days.

guardianships, within ninety (90) days for permanent guardians and within thirty (30) days for temporary guardians.

CRITICAL

Within ten days after the authorizing order, the fiduciary must file an institutional officer’s certification that the account or investment has the required restriction and complies with the rule.

The fiduciary shall thereafter file with the Court, within ten (10) days of the order authorizing the creation of the account or investment, a certification by an officer of the institution at which the account or investment has been created, affirming that the account or investment is restricted as required by the Court order and is in compliance with this rule.

CRITICAL

Court costs must be paid and all claims satisfied and released by the date the Closing Statement is filed.

All court costs shall be paid and all claims satisfied and released on or before the date of the filing of the Closing Statement.

CRITICAL

The parties must report the Notice of Pretrial to the court immediately following the conference.

Immediately following the pretrial conference, the parties shall report to the court a “Notice of Pretrial Conference Regarding Petition to Expunge a Conviction” (hereinafter “Notice of Pretrial”) as set forth in Exhibit A of the Madison County Local Rules.

CRITICAL

Applies to

Signature page

The fiduciary must file the signed signature page from the applicable instructions with the Court within 10 days after the Letters issue.

The fiduciary must file the signature page from the Instructions to the Personal Representative or Guardian, signed by the fiduciary with the Court within 10 days of the issuance of the Letters.

CRITICAL

A fiduciary must file an inventory in a supervised estate within sixty days of appointment.

Supervised estates, within sixty (60) days;

CRITICAL

Child-support worksheets must be filed with the Court on the hearing date.

Child support worksheets shall be filed with the Court on the hearing date.