Lake County - Local Estate Rules (Lake) (Lake)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Lake County - Local Estate Rules (Lake) (Lake) is a commonly used form within Indiana. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Lake County - Local Estate Rules (Lake) (Lake)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Lake County - Local Estate Rules (Lake) (Lake):

• This form pertains to the State of Indiana

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Indiana’s Form Lake County - Local Estate Rules (Lake) (Lake) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Indiana form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Indiana probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Lake County - Local Estate Rules (Lake) (Lake), take a break, and then review. Probate and estate settlement processes in IN are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Lake County - Local Estate Rules (Lake) (Lake) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Lake County - Local Estate Rules (Lake) (Lake) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Indiana.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Indiana can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Indiana. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Indiana is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Indiana probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Indiana probate clerk or court for exact answers regarding Form Lake County - Local Estate Rules (Lake) (Lake), and when in doubt— consult a qualified trust & estates lawyer for that area.

Lake County - Local Estate Rules (Lake) (Lake) is one of the many probate court forms available for download through Atticus.

It may also be available through some Indiana probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Indiana.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Lake County - Local Estate Rules (Lake) (Lake) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Indiana probate court office.

Lake County - Local Estate Rules (Lake) (Lake) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Indiana-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Indiana Form Lake County - Local Estate Rules (Lake) (Lake). You can use this to get an idea of the context of the form and what type of information is needed.

1 PROBATE FEE GUIDELINES AND RULES INTRODUCTION It is important that certain criteria be called to your attention as they pertain to Attorney and Personal Representative Fees. The Attorney and his, or her, Client must consider these factors. The Court, in making its determination as to the fees allowed, will also consider the same. The criteria to be considered include the following: A. The time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; B. The likelihood, if apparent to the Client, that the acceptance of the particular employment will preclude other employment by the Attorney; C. The fee customarily charged in the locality for similar legal services; D. The amount involved and the results obtained; E. The time limitations imposed by the Client or by the circumstances; F. The nature and length of the professional relationship with the Client; G. The experience, reputation, and ability of the Attorney or Attorneys performing the services; These factors shall include a determination as to how much of the Attorney’s time was devoted to legal matters and how much of it was devoted to ministerial functions. H. The nature and extent of the responsibilities assumed by the Attorney and the results obtained; Included herein are considerations such as the identity of the Personal Representative, the level of expertise of the Attorney and Personal Representative in administering an estate; the character of the probate assets; and the character of any non-probate assets transferred. 2 I. The sufficiency of assets properly available to pay for legal services; Inherent herein is whether the Attorney’s duties are expanded by the existence of non-probate assets because of their inclusion for tax purposes, both federal and state; and, J. The timeliness with which the necessary services are performed consistent with statutory requirements, the Court’s Rules of Procedure, and the Rules of Professional Conduct applicable thereto. In considering all of these factors, Attorneys are urged to discuss their fee and that of the Personal Representative or Guardian at the time they are retained in all Probate and Guardianship matters. 3 LAKE COUNTY RULES OF PROCEDURE APPLICABLE TO ESTATES L.R.45-P.R.00 Rule 1. All probate rules and regulations promulgated by the Veterans Administration are hereby adopted as probate rules of the Court. L.R.45-P.R.00 Rule 2. A Personal Representative’s Information Sheet must be completed and filed with any petition opening a supervised or unsupervised Estate. The Court will not act upon the petition until the Personal Representative’s Information Sheet is completed and filed. The Personal Representative’s Information Sheet must be filed in compliance with Indiana Trial Rule 5(G) and the Indiana Rules on Access to Court Records, Rule 5. (SEE ATTACHED FORM A). L.R.45-P.R.00 Rule 3. In all supervised and unsupervised estates, the Court’s Instructions to the Personal Representative, executed by the Personal Representative and the Attorney, must be filed with the Court prior to Court appointment and issuance of letters. These Instructions are to be considered as direct Orders of the Court. Instructions to Personal Representative of Supervised Estate (SEE ATTACHED FORM B) or Instructions to Personal Representative of Unsupervised Estate (SEE ATTACHED FORM C), as applicable, must be completed and filed with the Court. No substitute form will be accepted by the Court. L.R.45-P.R.00 Rule 4. All petitions, of any nature or kind, in all matters, must be executed and verified by the Personal Representative, the Trustee, or the Interested Party (Petitioner), and not by the Attorney. All petitions requesting relief or action by the Court should, where applicable, contain reference to the appropriate statute or rule authorizing such relief or action. L.R.45-P.R.00 Rule 5. All Attorneys are required to prepare Orders in a form approved by the Court (order per form or OPF) for all proceedings except where expressly indicated to the contrary by the Court. 4 L.R.45-P.R.00 Rule 6. Unless waived by the applicable Court, Attorneys desiring to have the Court Reporter present for a hearing must make a written request for same ten (10) days in advance of the hearing. Hearings involving the Court Reporter shall be set subject to his or her availability. L.R.45-P.R.00 Rule 7. The Attorney shall prepare and serve any required notices on interested persons pursuant to I.C. §29-1-7-4.5, as amended, and proof thereof pursuant to I.C. §29-1-1- 16, as amended. L.R.45-P.R.00 Rule 8. A verified inventory must be prepared and filed in all supervised estates within sixty (60) days after appointment of the Personal Representative. In unsupervised estates, the Personal Representative shall comply with I.C. §29-1-7.5-3.2 with respect to inventories. L.R.45-P.R.00 Rule 9. Attorneys must attend all hearings. The Court may, in its discretion, require the attendance of the Personal Representative or Trustee at any such hearing. L.R.45-P.R.00 Rule 10. All accountings filed with the Court must follow the statutory format prescribed by I.C. §29-1-16-4, as amended. Informal, handwritten, or transactional accountings will not be accepted. Unless otherwise ordered by the Court, an accounting filed with the Court shall be accompanied by an Affidavit in Lieu of Vouchers stating that receipts are available for all disbursements contained in the accounting. L.R.45-P.R.00 Rule 11. Receipts for all final distributions must be filed with the final report or the supplemental report before discharge will be given by the Court. 5 L.R.45-P.R.00 Rule 12. The name and address of the Insurance Agency providing the corporate surety must be typed on all corporate bonds filed in any estate. L.R.45-P.R.00 Rule 13. In all contested matters, the Indiana Rules of Trial Procedure shall apply. L.R.45-P.R.00 Rule 14. In a supervised estate, any petition for the allowance of fees, pursuant to the Fee Guidelines, for the Attorney and/or the Personal Representative shall set forth a description of the services performed and a calculation of the amount of the fee requested. At the time the petition is considered by the Court, the Attorney must be present. No fee request will be considered as a part of the final report or account in a supervised estate. A separate petition must be filed requesting such fee determination. No fee shall be paid without the prior approval of the Court. No Attorney or Personal Representative fees will be authorized for payment until a Final Account is filed with the Court. If an Interim Account is filed with the Court, a petition for Attorney or Personal Representative Fees may be filed for the Court’s review and approval. L.R.45-P.R.00 Rule 15. Attorney and Personal Representative fees will not be determined or authorized for payment by the Court in an unsupervised estate. L.R.45-P.R.00 Rule 16. Unless otherwise stated in the decedent’s Last Will and Testament, any Attorney or Personal Representative fees determined to be due by reason of non-probate assets shall be assessed against the recipients of the non-probate assets. L.R.45-P.R.00 Rule 17. All documents filed with the Court must comply with the requirements of Ind. Trial Rule 5(G) and the Indiana Rules on Access to Court Records, Rule 5 utilizing the Notice of Exclusion of Confidential Information From Public Access form. (SEE ATTACHED FORM D). 6 L.R.45-P.R.00 Rule 18. For good cause shown, the Court may waive any local procedural rule. L.R.45-P.R.00 Rule 19. When required by law, all Wills must be admitted to Probate unless filed with the Clerk pursuant to Ind. Code § 29-1-7-3.1, as amended. Pursuant to Indiana Trial Rule 86(F), an Affidavit must be filed by the Attorney or Personal Representative regarding the possession of the decedent’s Last Will and Testament. (SEE ATTACHED FORM E). L.R.45-P.R.00 Rule 20. Bond procedures for Estates: a. If the decedent's Will provides for no bond, the Court may honor the request unless otherwise required by statute; b. If all heirs request no bond or a minimal bond, the Court may honor such request unless otherwise required by statute; c. In all instances, upon petition by an interested person, the Court may require a bond to protect creditors, heirs, legatees, or devisees; d. In all other situations, the Court will determine and set the amount of the bond and in no event shall it be less than that required to protect creditors and taxing authorities; e. Personal surety must meet the requirements of Ind. Code § 29-1-11-5; f. No Attorney will be accepted as personal surety on any bond required to be filed in Court. L.R.45-P.R.00 Rule 21. Subject to the discretion of the Court, the Court may restrict transfer of all or part of the liquid assets of a supervised estate by placing those assets in a federally- insured financial institution or in a brokerage account (or any combination of the two) with the following restriction placed on the face of each account or document creating or evidencing the account: 7 NO PRINCIPAL OR INTEREST SHALL BE WITHDRAWN WITHOUT WRITTEN ORDER OF THE LAKE CIRCUIT/SUPERIOR COURT, PROBATE DIVISION. THE PERSONAL REPRESENTATIVE AND/OR FINANCIAL INSTITUTION SHALL PROMPTLY NOTIFY THE COURT IN WRITING IN THE EVENT PRINCIPAL AND/OR INTEREST IS WITHDRAWN WITHOUT WRITTEN COURT ORDER. Within thirty (30) days after an Order authorizing the creation of the restricted account or investment, a certificate by an officer of the institution at which the restricted account or investment has been created shall be filed with the Court which affirms that the account or investment is restricted by Court Order. (SEE ATTACHED FORM F). The Personal Representative and/or the financial institution shall promptly notify the Court in writing in the event that any principal or interest is withdrawn from the account without Court authorization. L.R.45-P.R.00 Rule 22. On or before three (3) months and fifteen (15) days after the date of the first published notice to creditors, the Personal Representative, or the Personal Representative’s Attorney, must allow or disallow a claim filed against the estate within three (3) months after the date of the first published notice to creditors. For a claim filed not later than nine (9) months after the decedent’s death (other than the United States, the state, or a subdivision of the state) by a claimant who did not received a notice of administration under I.C. § 29-1-7-7, the Personal Representative, or the Personal Representative’s Attorney, must allow or disallow a claim not later than fifteen (15) days after the date of the filing of the claim. For a claim filed by the United States, the state, or a subdivision of the state the Personal Representative, or the Personal Representative’s Attorney, must allow or disallow a claim on or before the later of: (1) three (3) months and fifteen (15) days after the first published notice to creditors; or (2) fifteen (15) days after the date on which the claim was filed. For purposes of allowing or disallowing a claim, the Personal Representative or the Personal Representative’s Attorney shall electronically file a Notice of Allowance/Disallowance of Claim form. (SEE ATTACHED FORM G). 8 L.R.45-P.R.00 Rule 23. If an estate cannot be promptly closed, the Personal Representative must report the condition of the estate to the Court one (1) year after the date of the Personal Representative’s appointment, and thereafter every year until the estate is fully administered. L.R.45-P.R.00 Rule 24. The Federal Estate Tax closing letter and/or the countersigned receipt, or a photocopy thereof, showing payment of the Federal Estate in the estate must be filed with the Final Report or the Supplemental Report. L.R.45-P.R.00 Rule 25. Proof of publication of all notices required to be published shall be filed with the Court by the Attorney for the estate within thirty (30) days after receipt of the same from the newspaper. It is the Attorney's responsibility to ensure that publication was timely made, and proof thereof is properly filed with the Court. L.R.45-P.R.00 Rule 26. In an unsupervised estate, the Court shall not be involved other than for opening and closing the estate, unless requested pursuant to I.C. § 29-1-7.5-3(c). The Court reserves the right to revoke unsupervised administration and convert the estate to supervised administration if the Court, in its discretion, believes supervised administration is warranted. L.R.45-P.R.00 Rule 27. If, after three (3) months following the date that the verified closing statement is filed in an unsupervised estate and an objection has not been filed, the Attorney must file a proposed Order closing the estate within thirty (30) days after the objection deadline expires.