Rush County Courts, Indiana Document Filing Requirements

CRITICAL

Applies to

Attorneys undertaking

The fiduciary’s attorney must execute an Attorney’s Undertaking for the restricted assets before Letters issue.

Prior to issuance of Letters, the fiduciary’s attorney shall execute an Attorney’s Undertaking for such assets.

CRITICAL

Applies to

Supplemental report

A supplemental report filed with the Court must include receipts for distributions made.

All supplemental reports filed with the Court must be accompanied by receipts for distribution made.

CRITICAL

Applies to

Intermediate account

The intermediate accounting must comply with the cited statutes, explain why the estate cannot be closed, and propose any partial distribution that can be made without prejudice.

Such accounting shall comply with the provisions of I.C. 29-1-6-4 and 29-1-16-6 and: 1. shall state facts showing why the estate cannot be closed; 2. shall propose partial distribution of the estate to the extent that partial distribution can be made without prejudice to distributees and claimants.

CRITICAL

Applies to

Physician report

The physician’s report requests an opinion on the person’s capacity to make personal and financial decisions, which decisions the person can and cannot make if capacity is partial, and the reason for the opinion.

3. State whether, in your opinion, the incapacitated person is totally or only partially incapable of making personal and financial decisions; and, if the latter, the kinds of decisions which the incapacitated person can and cannot make. Include the reason for this opinion.

CRITICAL

Applies to

Petition for appointment

A petition for appointment must contain the petitioner’s current address and, if the petitioner and proposed guardian are different people, the proposed guardian’s current address.

All petitions for appointment of personal representatives or guardians shall contain the petitioner’s current address, and the proposed guardian’s current address, if the petitioner and the proposed guardian are not the same person.

CRITICAL

Applies to

Financial institution certification

A financial institution’s certification that a properly restricted account has been created must be filed within ten days after the guardianship order.

A certification by a financial institution that a properly restricted account has been created shall be filed within ten (10) days of the Order establishing guardianship.

CRITICAL

Applies to

Personal representative or administrator request

A person requesting appointment as personal representative or administrator must comply with Ind.Code 29-1-10-1.

The individual requesting to be named personal representative or administrator shall comply with the provisions of Ind.Code 29-1-10-1.

CRITICAL

Applies to

Restricted account

Unless the Court authorizes otherwise, funds in a guardianship over a minor’s estate must be placed in a restricted account barring withdrawal of principal or interest without prior written court order.

In guardianships over the estate of a minor, unless otherwise authorized by the Court, funds shall be placed in a restricted account, designating that no principal or interest may be withdrawn without prior written order of the Rush Circuit or Superior Court.

CRITICAL

Applies to

Pretrial notice

A party offering biologically contaminated evidence must file a pretrial notice with the trial court.

A party who offers biologically contaminated evidence must file a pretrial notice with the trial court and serve all the parties so that the court may consider the issue and rule appropriately before trial.

CRITICAL

Applies to

Consent to adoption

A consent to adoption must be notarized.

A consent to adoption must be notarized.

CRITICAL

Applies to

Physician report

The report form includes an affirmation under penalties of perjury that the representations are true.

I affirm under the penalties of perjury, the foregoing representations are true.

CRITICAL

Applies to

Motion for continuance

Must include

proposed order

Every motion for continuance must be accompanied by a proposed order with blanks for resetting the hearing.

All Motions for Continuance must be accompanied by a proposed Order with blanks for resetting the hearing.

CRITICAL

Applies to

Lawyers undertaking and order to guardians

Before Letters issue in a guardianship over a minor’s estate or a minor’s claim is compromised, the guardian and attorney must execute the Lawyer’s Undertaking and Obligation and Order to Guardians.

Prior to the issuance of letters in a guardianship over a minor’s estate or the compromise of a minor’s claim, the guardian and attorney shall execute the Lawyer’s Undertaking and Obligation and Order to Guardians.

CRITICAL

Applies to

Appellate record

Under no circumstances should guns, drugs, currency, or other dangerous or valuable items be included in appellate records.

Under no circumstances should guns, drugs, currency, or other dangerous or valuable items be included in appellate records.

CRITICAL

Applies to

Fee petition

In a supervised estate or guardianship, fiduciaries and attorneys may not be paid until the Court approves a fee petition filed by the attorney for the estate.

1. No Fees for fiduciaries or attorneys shall be paid in any supervised estate or guardianship until the Court has approved a fee petition filed by the attorney for the estate.

CRITICAL

Applies to

Fee payment

Fees for a personal representative, guardian, or attorney may not be paid from a supervised estate or guardianship without a prior written court order.

No fees for personal representatives, guardians or attorneys shall be paid out of any supervised estate or guardianship without prior written order of the court.

CRITICAL

Applies to

Restricted account certification

A financial institution officer’s certification that the account is restricted as ordered must be filed within ten days after the order authorizing the account.

Within ten (10) days of the order authorizing the creation of the account, a certification by an officer of the financial institution at which the account has been created, stating that the account is restricted as required by the Court, shall be filed with the Court.

CRITICAL

Applies to

Physician report

If the report’s listed descriptions are based on evaluations by several professionals, every professional who prepared an evaluation must sign the report.

If the description of the incapacitated person’s mental, physical and educational condition, adaptive behavior or social skills is based on evaluations by several professionals, all professionals preparing evaluations must sign the report.

CRITICAL

Applies to

Physician report

A physician must sign the report.

This report must be signed by a physician.

CRITICAL

Applies to

Guardianship accounting

A guardianship accounting must include and account for Social Security or Medicare benefits received for an incapacitated person unless the Court previously approved direct payment to a residential or health care facility.

All Social Security or Medicare benefits received by the fiduciary on behalf of an incapacitated person shall be included and accounted for in the guardianship accountings unless Court approval has been previously granted to allow said funds to be paid directly to a residential or health care facility.

CRITICAL

Applies to

Bond

A personal representative or guardian in a supervised estate or guardianship must file a bond meeting the stated minimum before beginning duties, subject to the listed exceptions.

In every supervised estate and guardianship, the personal representative or guardian, before entering duties, shall file a bond not less than the value of the annual rents and profits of all property of the estate, except as hereinafter provided:

CRITICAL

Applies to

Guardianship petition

The Court will not make a determination without a supporting medical report or testimony.

No determination will be made without a supporting medical report or testimony.

CRITICAL

Applies to

Facsimile filing

Each fax filing must include a cover sheet with the document title, case number, page count, sender identity and voice telephone number, and filing instructions.

A cover sheet must accompany the filing by facsimile transmission, and the cover sheet must contain the title of the document, case number, number of pages, identity and voice telephone number of the sending party and instructions for filing.

CRITICAL

Applies to

Guardianship petition

A treating physician’s report or additional evidence required by the Court must be presented when the petition is filed or on the hearing date.

A physician’s report by the doctor treating the alleged adult incapacitated person or such additional evidence as the Court shall require, shall be presented to the Court at the time the petition is filed or on the hearing date.

CRITICAL

Applies to

Fee petition

A fee petition must be signed by the personal representative or guardian.

Petitions for fees must be signed by the personal representative or guardian.

CRITICAL

Applies to

Certification of account balances

In order to comply with the rules of the Probate Court, I am required to file a Certification of Account Balances. Please certify the balances and names on the accounts I have listed below.

In order to comply with the rules of the Probate Court, I am required to file a Certification of Account Balances. Please certify the balances and names on the accounts I have listed below.

CRITICAL

Applies to

Physician report

The physician’s report requests descriptions of the person’s mental and physical condition and, when appropriate, educational condition, adaptive behavior, and social skills.

2. Describe the incapacitated person’s mental and physical condition; and, when it is appropriate, describe educational condition, adaptive behavior and social skills:

CRITICAL

Applies to

Facsimile transmission log

The sending party must create a machine-generated transmission log at the time of faxing and keep it for the duration of the litigation.

C. The sending party creates, at the time of transmission, a machine generated log for such transmission; and D. The original document is sent or delivered to the Rush County Clerk as soon as practicable and the transmission log is maintained by the sending party for the duration of the litigation.

CRITICAL

Applies to

Physician report

The physician’s report requests an opinion on whether court appearance would injure the person’s health and, if so, the medical reasons.

5. Can the incapacitated person appear in court without injury to his/her health? _____________________________________________________________________________ If the answer is no, explain the medical reasons for your answer.

CRITICAL

Applies to

Certificate of attendance

A certificate of attendance must be filed before the Court grants a dissolution or legal-separation petition.

The moderator of each session will provide each attendee with a certificate of attendance which must be filed with the Clerk prior to the Court’s granting a Petition for Dissolution of Marriage or a Petition for Legal Separation.

CRITICAL

Applies to

Motion for continuance

A motion for continuance must include a statement that opposing counsel or pro se parties, including any Guardian Ad Litem or Court Appointed Special Advocate, were contacted and whether they agree or object.

In all cases in which a Motion for Continuance is filed, the Motion must contain the following: A. A statement indicating that all opposing counsel (or parties if pro se) including any Guardian Ad Litem or Court Appointed Special Advocate have been contacted and agree or object to the continuance.

CRITICAL

Applies to

Physician report

The physician’s report requests an opinion on the most appropriate living arrangement and, if applicable, treatment or rehabilitation plan, including reasons.

4. What, in your opinion, is the most appropriate living arrangement for the incapacitated person; and, if applicable, describe the most appropriate treatment or rehabilitation plan. Include the reasons for your opinion.

CRITICAL

Applies to

Fee petition

In a supervised estate or guardianship, attorneys and fiduciaries may not be paid until the Court approves a fee petition filed by the attorney for the estate.

2. No attorney or fiduciaries shall be paid in any supervised estate or guardianship until the Court has approved a fee petition filed by the attorney for the estate.

CRITICAL

Applies to

Guardianship deposit evidence

The attorney must deliver copies of the signature card or certificate evidencing the restricted deposit and its amount to the Court.

I, as an Officer of this Court and as Attorney for the above Guardian/Protecting Person, hereby assume and undertake personal responsibility to the above named Protected Person and to the Court to make the above designated restricted deposit and to deliver copies of the SIGNATURE CARD of CERTIFICATE evidencing the restricted deposit and the amount thereof to the Court within ten (10) days from this date, or to refund all of the funds to the Court immediately upon demand.

CRITICAL

Applies to

Final fee order

Final fees cannot be paid until the final account is approved, and every final-fee order must state that condition.

Final fees in supervised estates and guardianships shall not be paid until the court has approved the final account. All orders for final fees shall provide that said fees are to be paid only after approval of the final account.

CRITICAL

Applies to

Physician report

The physician’s report requests a description of the nature and type of the incapacitated person’s disability.

1. Describe the nature and type of the incapacitated person’s disability:

WARNING

Applies to

Transcript

The transcript must briefly identify non-documentary and oversized exhibits where they were admitted.

Such exhibits shall be briefly identified in the transcript where they were admitted into evidence.

WARNING

Applies to

Evidence receipt

The party removing evidence must give the court reporter a detailed receipt, which becomes part of the court file.

At the time of removal, a detailed receipt shall be given to the court reporter by the party receiving and removing the evidence. The receipt will be made part of the court file.

WARNING

Applies to

Bond

If the will indicates that bond should be dispensed with, the Court may set a bond adequate to protect creditors and tax authorities.

Where, under the terms of the will, the testator expresses an intention that the bond be dispensed with, the Court may set a bond adequate to protect creditors and tax authorities.

WARNING

Applies to

Partial fee payment

Partial fees may be paid during administration if a written Court order is first obtained.

This rule does not preclude payment of partial fees during administration after obtaining written Court order for the same.

WARNING

Applies to

Bond

After heirs or legatees file a written request for service without bond, the bond may be set only in an amount adequate to protect creditors and tax authorities.

Where the heirs or legatees have filed a written request that the personal representative serve without bond, the bond may be set in an amount adequate to protect the rights of creditors and tax authorities only.

WARNING

Applies to

Bond

In a supervised estate, a personal representative may serve without a bond with the approval and consent of two-thirds of the heirs.

In lieu of a bond in any supervised estate, a personal representative may serve with approval and consent of 2/3 of the heirs.

INFO

Applies to

Fee petition

A fee petition for a personal representative or attorney is not required in an unsupervised estate.

No petition for fees of personal representatives or attorneys need be filed in unsupervised estates.

INFO

Applies to

Guardianship accounting

A representative payee’s annual Social Security Administration accounting is adequate if those are the only funds the guardian received.

A copy of the annual accounting required by the Social Security Administration for a representative payee shall be an adequate accounting if those are the only monies received by the guardian.