2022 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 10. Personal Representatives
29-1-10-15.5. Wrongful Death; Special Administrator; Appointment; Objection
Sec. 15.5. (a) Upon the filing of a petition for the appointment of a special administrator for the sole purpose of pursuing a claim for the decedent's wrongful death, hearing and notice shall be had as set forth in this section.
(b) The court or clerk shall set a date by which all objections or petitions for an alternate appointment must be filed in writing, and the clerk shall give notice to all interested persons that a petition for appointment of a special administrator to pursue a claim for decedent's wrongful death has been filed and will be acted upon by the court on the date set unless written objections or requests for an alternate special administrator are presented to the court on or before that date.
(c) In the petition for appointment as special administrator, the petitioner shall identify the names and addresses of all persons potentially interested in the wrongful death claim whose names and addresses are known to the petitioner or may by reasonable diligence be ascertained. The petitioner shall provide sufficient copies of the notice described in subsection (b), prepared for mailing to the clerk. The clerk shall send a copy of the notice by ordinary mail to each of such interested persons at least thirty (30) days prior to the hearing date. Any interested person may waive the service by mail of this notice. Neither a notice nor a hearing is required if all persons entitled to notice waive in writing the service of notice by mail and consent to the appointment of the special administrator without a hearing.
(d) If a person interested in the wrongful death claim is unknown or cannot be located, the petitioner may give notice by one (1) publication in a newspaper of general circulation, published in the county in which the petition is pending.
(e) The deadline for filing an objection or request for an alternate special administrator is fourteen (14) days before the hearing date. The notice described in subsections (b) and (c) shall state that objections or a request for an alternate special administrator must be filed in writing at least fourteen (14) days before the hearing date.
As added by P.L.162-2022, SEC.11.
