Newton County Courts, Indiana Service and Proof of Service Rules

When a petition seeks to close an estate as insolvent, the attorney or personal representative must give notice to the specified recipients.

In the event a petition is filed requesting that an Estate be closed as insolvent, a hearing shall be held thereon. The Attorney or Personal Representative shall give Notice to the Newton County Assessor, all interested parties, all claimants and all reasonably ascertainable creditors.

An appraisal must be exchanged once it has been obtained.

However, once an appraisal is obtained, it must be exchanged.

The Attorney and/or Personal Representative must provide notice of the Estate’s opening to any reasonably ascertainable creditor.

It shall be the responsibility of the Attorney and/or the Personal Representative to provide notice of the opening of the Estate to any reasonably ascertainable creditor.

Service

Publication

The Attorney and/or Personal Representative must ensure required notices are published timely and file proof of publication with the Court.

Proof of publication of all notices required to be published shall be filed with the Court by the Attorney and/or the Personal Representative for the Estate. It is the Attorney's and/or the Personal Representative’s responsibility to ensure that publication was timely made, and proof thereof is properly filed with the Court.

The Financial Declaration Form need not be exchanged if the parties agree in writing, the post-decree proceeding has no financial implications, or the opposing party does not appear or respond as specified.

(A) The Financial Declaration Form need not be exchanged if: (1) The parties agree in writing to waive exchange; (2) The proceeding is post-decree and concerns issues without financial implications; (3) The opposing party does not appear in a new action or does not respond in a modification action.