Probate Estate Closing and Representative Discharge in Indiana
At a glance
| Closing routes and prerequisites | Supervised: final account and distribution petition after claims are addressed; unsupervised: verified statement no earlier than three months after first creditor publication (§§ 29-1-17-2, 29-1-7.5-4). |
|---|---|
| Who may start or compel closing | Representative files; court may order an account on an interested person’s application; unsupervised representative explains delay after one year (§§ 29-1-16-3, 29-1-7.5-3.8). |
| Final filing and contents | Supervised final account includes verified creditor-notice statement and petition for distribution; unsupervised verified statement recites claims, realty deeds, distributions, notices and recipients (§§ 29-1-17-2, 29-1-7.5-4). |
| Final account and support | Supervised verified account has three schedules and disbursement receipts or permitted proof; unsupervised full written account goes to affected distributees unless waived in writing (§§ 29-1-16-3, 29-1-16-4, 29-1-7.5-4). |
| Distribution or delivery | Supervised decree identifies shares, then representative reports completed distribution for discharge; unsupervised statement follows distribution of all assets (§§ 29-1-17-2, 29-1-17-13, 29-1-7.5-4). |
| Notice and objections | Supervised: known distributees receive notice at least 30 days before hearing; written objections due at least 14 days before hearing, with waiver route. Unsupervised: statement copies to distributees and known unpaid claimants; three-month claim period (§§ 29-1-16-6, 29-1-7.5-4, 29-1-7.5-6). |
| Hearing and order | Supervised account and distribution need court action; all distributees may waive notice and hearing by consent. Unsupervised estate closes by operation of law after three months without a pending representative proceeding (§§ 29-1-16-6, 29-1-17-2, 29-1-7.5-4). |
| Closing effect and discharge | Supervised: separate discharge order after supplemental distribution report and receipts; unsupervised: appointment terminates and estate closes three months after statement if no proceeding is pending (§§ 29-1-17-13, 29-1-7.5-4). |
| Bond, liability, later administration | Approved supervised account relieves representative and sureties subject to appeal/vacatur; discharge bars suits except specified one-year misconduct claims. Unsupervised fraud and disclosure claims survive; later property permits new appointment (§§ 29-1-16-8, 29-1-17-13, 29-1-7.5-6, 29-1-7.5-8). |
Requirements one by one
Two closing routes and their filings
In a supervised estate, the representative must move toward closing promptly. Without good cause, the final-account filing time may not exceed one year from appointment. Once the claim period has expired and claims and death taxes have been paid, determined or provided for, the representative renders a final account and petitions for a decree of final distribution. The account includes a verified statement about creditor publication and individual notice. (Ind. Code § 29-1-16-2 and § 29-1-17-2.)
In unsupervised administration, the representative may file a verified closing statement no earlier than three months after first published creditor notice. It recites notice, disposition of claims and expenses, a recorded representative's deed for the decedent's real estate, distribution of all assets, copies to recipients and their names and addresses. Outstanding liabilities require the stated distributee agreement or other arrangements. If the statement has not been filed within one year after appointment, the representative must tell the court why. (Ind. Code § 29-1-7.5-3.8 and § 29-1-7.5-4.)
Account and distribution
The supervised verified account has three schedules: property charged to the representative, payments and distributions, and the remaining balance. Disbursement receipts accompany it, unless the court permits other proof; the court may permit a certified public accountant's certificate instead. The representative petitions to settle the account and, if ready to close, to authorize distribution. The court can require an account on its own motion or an interested person's application. (Ind. Code § 29-1-16-3 and § 29-1-16-4 and § 29-1-16-5.)
The supervised decree identifies each distributee's share and addresses unpaid contingent claims or a set-aside fund. After distribution as ordered, the representative files a supplemental report and receipts or other satisfactory evidence; the court then enters a separate discharge order. The unsupervised route instead requires distribution before its closing statement and a full written account to affected distributees unless they waive it in writing. (Ind. Code § 29-1-17-2 and § 29-1-17-13 and § 29-1-7.5-4.)
Notice, court action and discharge
For supervised final settlement, the representative sends known or reasonably ascertainable distributees notice at least 30 days before the hearing. Written objections are due at least 14 days before it. If all distributees waive mailed notice and consent to the account and petition, neither notice nor a hearing is required. The decree finally adjudicates the distribution, subject to appeal and reopening. (Ind. Code § 29-1-16-6 and § 29-1-16-7 and § 29-1-17-2.)
For unsupervised closing, the statement goes to distributees and actually known unpaid, unbarred claimants. If no proceeding involving the representative is pending in court three months after filing, the appointment terminates and the estate closes by operation of law. The statute's separate three-month limit on claims against the representative has exceptions for fraud, misrepresentation and inadequate disclosure. (Ind. Code § 29-1-7.5-4 and § 29-1-7.5-6.)
What trips people up
Approval of a supervised account relieves the representative and sureties for the accounting period, subject to appeal and the court's power to vacate final orders. The later discharge order bars suits against the representative and sureties, except suits commenced within one year of discharge based solely on mistake, fraud or willful misconduct. Those two court actions have different effects. (Ind. Code § 29-1-16-8 and § 29-1-17-13.)
A narrow supervised-estate rule allows some assets specifically described in the decree to be documented or delivered after discharge; the representative retains powers to complete their transfer for 90 days beginning the next day. This does not replace the ordinary supplemental-report and discharge sequence. (Ind. Code § 29-1-17-13.5.)
Common questions
What if the estate has property after closing? In a supervised estate, the discharged representative or an interested person may seek reopening, and the court may distribute an overlooked asset without reopening when practicable. For an unsupervised estate, an interested person may petition for appointment to administer subsequently discovered property. Previously barred claims do not revive. (Ind. Code § 29-1-17-14 and § 29-1-7.5-8.)
Does a claimant have to object before a supervised final-account hearing? Written objections to an item or omission must be specific, state the requested change and meet the date set under the final-account notice procedure. (Ind. Code § 29-1-16-6 and § 29-1-16-7.)
Statutes and sources
The quotations in the source record above come from the 2026 Indiana Code, title 29, article 1, chapters 7.5, 16 and 17, accessed October 4, 2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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