Vanderburgh County Courts, Indiana Filing Timing and Cure Windows

CRITICAL

Incomplete or noncompliant probate filings will be rejected and returned to the filing attorney with an explanation.

Any filing which is incomplete or which is not in compliance with these rules shall not be filed and shall be returned to the filing attorney with an explanation of the reason for refusal.

CRITICAL

Date and sign one copy of the instructions and return it to the Court within ten days.

Read carefully; date and sign one copy and return it to this Court within ten days.

CRITICAL

The required appraisal must be filed with the court when the Petition to Sell is filed, unless it was filed with the Inventory.

In all supervised estates and guardianships, no Petition to Sell Personal Property shall be granted unless a written appraisal prepared by a person competent to appraise such property and setting forth the Fair Market Value thereof, is filed with the Court at the time of the filing of the Petition to Sell, unless such appraisal was filed with the Inventory.

CRITICAL

Applies to

Inventory

A permanent guardian must file the guardianship-of-the-estate inventory within 90 days of appointment.

Guardianships of the estate, within ninety (90) days for permanent guardian

CRITICAL

The scheduling order sets a date by which all parties must complete discovery or file a motion to compel discovery.

1.______shall be the date by which all parties shall have completed discovery of the issues in this cause or shall have filed their Motion to Compel Discovery.

CRITICAL

Post-judgment proceedings may not be instituted until a final decree or judgment is entered of record, but the Court may waive this requirement upon a showing of undue harm.

No post-judgment proceedings shall be instituted until there is a final decree or judgment entered of record with the Vanderburgh County Clerk’s Office. The Court may waive this requirement where it is shown a party is being unduly harmed by its enforcement.

CRITICAL

Unless the court orders otherwise, a required appraisal must be made within one year of the Petition to Sell.

Unless otherwise ordered by the court, all appraisals required by Rule 8.1 shall be made within one year of the date of the Petition to Sell.

CRITICAL

Applies to

Written opinion of fair market value

A required fair-market-value opinion must be made within one year of the Petition for Sale.

All written opinions of fair market value required by Rule 7.1 shall be made within one (l) year of the date of the Petition for Sale.

CRITICAL

Applies to

Written opinion of fair market value

The fair-market-value opinion must be filed with the Petition for Sale unless it was already filed with the inventory.

In all supervised estates and guardianships in which real estate is to be sold, a written opinion of the fair market value of such real estate shall be filed with the Court at the time of filing the Petition for Sale, unless such written opinion was filed with the inventory.

CRITICAL

The required payment, satisfaction and release of claims, and presentation of proof must occur before the hearing on the Final Account.

In a supervised estate, all Court Costs shall be paid and all claims satisfied and released and proof presented to the Court before the hearing on the Final Account.

CRITICAL

Pleadings filed after the original complaint must be filed in the assigned judge’s office during court-established office hours.

(1) All pleadings, subsequent to the original complaint, shall be filed in the office of the Judge to whom the case is assigned at any time during the office hours established by the Court.

CRITICAL

The scheduling order sets a date by which the plaintiff must supplement or amend previously furnished information.

6.______shall be the date by when the plaintiff supplements or amends any data furnished as required above.

CRITICAL

Applies to

Evidence of restricted account or investment

The fiduciary must file the required evidence within ten days of the order authorizing the restricted account or investment.

In the event the Court imposes restrictions upon access to property without a court order in a guardianship pursuant to I.C. 29-3-7-1 (c) (2), or access to property in an estate without a court order pursuant to I.C. 29-1-11-2, the fiduciary shall thereafter file with the Court within ten (10) days of the Order authorizing the creation of the restricted account or investment, evidence satisfactory to the court that the account or investment has been created, and that the account or investment is restricted as required by the Court’s order.

CRITICAL

In a guardianship, an initial fee petition may be filed upon or after the inventory; except for the paragraph 10.5 provision, a further fee petition will not be approved until an annual, biennial, or final account is approved.

In a guardianship an initial petition for fees may be filed upon, or after the filing of the inventory. Except as provided in paragraph 10.5, no further petition for fees will be approved until an annual, biennial or final account is approved.

CRITICAL

For a courthouse-steps settlement, the parties must recite the entire agreement on the record, and counsel must prepare and file the appropriate order within 30 days in the chambers of a Family Court Judge assigned during the month of the recitation.

However, if the parties reach a settlement “on the Courthouse steps,” then the parties shall recite the entire agreement for the record, and enter the appropriate order upon preparation and filing by counsel within thirty (30) days of reciting said agreement. The Order documenting the agreement recited in open Court shall be filed in the chambers of one (1) of the two (2) Family Court Judges assigned to Family Court during the particular month that the agreement was recited in open Court.

CRITICAL

Applies to

Inventory

File the inventory with the Court within two months after qualifying and receiving Letters of Personal Representative.

Within two (2) months after you qualify and receive Letters of Personal Representative, you must file with the Court an inventory of all property found belonging to the decedent on the date of death and giving values as of the date of death.

CRITICAL

Applies to

Inventory

A temporary guardian must file the guardianship-of-the-estate inventory within 30 days of appointment.

within thirty (30) days for temporary guardian. All times relate to the date of appointment of the fiduciary.

CRITICAL

Applies to

Final account

File the Final Account with vouchers or canceled checks within one year after receiving Letters; show good cause to request an extension.

File a Final Account with this court (with vouchers or canceled checks) within one year from the date you received your Letters from this Court. If you cannot meet this deadline, you must show good cause for an extension.

CRITICAL

A motion for summary judgment must be filed no later than 120 days before trial.

(1) Any Motion for Summary Judgment shall be filed no later than one hundred twenty (120) days before the trial date.

CRITICAL

The tax closing letter or photocopy must be filed before the court enters an order on the Final Accounting.

The Federal Estate Tax Closing Letter, or a photocopy thereof, showing payment of all Federal Estate Tax liability shall be filed prior to entry of an order on the Final Accounting.

CRITICAL

If an estate remains open after one year, its Personal Representative must file an intermediate account in a supervised estate within 30 days after the first year expires and every succeeding six months.

Whenever an estate is not closed within one (1) year, the Personal Representative shall: A. In a supervised estate, file an intermediate account with the Court within thirty days (30) after the expiration of one (1) year and each succeeding six (6) months thereafter.

CRITICAL

A verified account of all guardianship income and expenditures must be filed every two years after appointment.

File with the court a verified account of all the income and expenditures of the Guardianship every two (2) years after your appointment;

CRITICAL

Opposing counsel has seven days after service to file a response.

Opposing counsel, after having been so served, shall have seven (7) days to file any response

CRITICAL

Upon termination of the guardianship or the Protected Person’s death, file a final accounting with the Court detailing property, income, and expenses, with receipts verifying each expenditure.

File a final accounting, detailing all property and income received and all expenses paid with receipts to verify each expenditure with the Court upon the termination of the guardianship or upon the death of the Protected Person;

CRITICAL

Applies to

Inventory

The inventory for a supervised estate must be filed within 60 days of the fiduciary’s appointment.

Supervised estates, within sixty (60) days;

CRITICAL

The proof of service must be filed with the court on or before the hearing date.

Proof of service of the Notice shall be made by certified mail, return receipt, to be filed with the court on or before the date of the hearing.

CRITICAL

If the Protected Person is over 18, file a status report on physical condition and general welfare every two years after appointment.

File with the Court a status report as to the physical condition and general welfare of the Protected Person every two (2) years after your appointment if said Protected Person is over the age of eighteen (18).

CRITICAL

The Physician's Report or required additional evidence must be presented when the petition is filed or on the hearing date.

In all guardianship matters seeking to declare an adult incapacitated for any reason, a Physician's Report by the doctor treating the alleged 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 to support the findings required by I.C. 29-3-4-l (d).

CRITICAL

If the defendant is in custody, the case must be added to the calendar at least one full day before the appearance date.

If the defendant is in custody the case must be added on at least one full day prior to the appearance date.

CRITICAL

A verified inventory and appraisement of the Protected Person’s property must be filed within 90 days after appointment.

File with the court, within ninety (90) days after your appointment, a verified Inventory and appraisement of all the property belonging to the Protected Person;

CRITICAL

The scheduling order sets a date for parties to update their trial damages itemizations and file any motions in limine.

9.______ shall be the date when any party is to update their itemization of damages they intend to present evidence upon at the time of trial and for the filing of any Motions in Limine.

CRITICAL

The mediator must submit a report to the Court within five days of the scheduled mediation.

The mediator shall submit his/her report to the Court within five (5) days of the scheduled mediation.

CRITICAL

Parties must wait seven days after obtaining judgment before filing Proceedings Supplemental.

(D) Proceedings Supplemental - Judgment Entry. Parties must wait seven (7) days after obtaining a judgment before filing a Proceedings Supplemental, and the Judgment Entry must be filed with the Court prior to the Proceedings Supplemental being filed.

CRITICAL

If the Protected Person is a minor, file a status report on physical condition and general welfare yearly after appointment.

File with the Court a status report as to the physical condition and general welfare of the Protected Person yearly after your appointment of said Protected Person is a minor.

CRITICAL

For assets in a restricted account, file an accounting every two years with a financial-institution statement showing the current balance and continued restricted status.

If assets were placed in a restricted account you are to file an accounting every two (2) years, together with a statement from the financial institution showing the current balance of the funds and that the same remain in an account that is restricted;

CRITICAL

Parties must wait seven days after obtaining judgment before filing Proceedings Supplemental with the Court.

After Judgment is obtained and an entry is filed with the Court, parties may file Proceedings Supplemental. Parties must wait seven (7) days after obtaining a judgment before filing Proceedings Supplemental with the Court.

CRITICAL

A consent hearing must be set within 30 days after the Petition for Adoption is filed.

A consent hearing will be set within thirty (30) days of the filing of the Petition for Adoption.

WARNING

The scheduling order designates a date on which any party may file a motion for summary judgment.

7.______ shall be the date when any party may file a Motion for Summary Judgment upon pleadings and issues for trial.

WARNING

Applies to

Creditor claim

Creditors generally have three months from the first publication to submit claims.

Generally, creditors have three (3) months after the date of first publication to submit their claims.

WARNING

Applies to

Tax forms

File the appropriate tax forms in a timely manner.

Prepare and file the appropriate state and federal income, estate and inheritance tax forms in a timely manner.

INFO

Unless the scheduling conference orders otherwise, parties may furnish trial briefs and motions in limine to the Court at least two weeks before the Pre-Trial Conference.

Unless ordered otherwise at the scheduling conference, trial briefs and motions in limine may be furnished to the Court by the parties at least two (2) weeks prior to the Pre-Trial Conference.