Petition for Probate of Will and for Letters Testamentary - Indiana

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

IN THE [CIRCUIT / SUPERIOR] COURT OF [COUNTY] COUNTY, STATE OF INDIANA

(Petition under Ind. Code § 29-1-7-5)

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Jurisdiction and Venue
5. The Will Offered for Probate
6. Devisees, Legatees, and Heirs
7. Nomination and Qualification of Executor
8. Bond and Administration
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Cause No.: [____________________________________]

Petition for: ☑ Probate of Will ☑ Issuance of Letters Testamentary
Administration requested: ☐ Unsupervised (Ind. Code § 29-1-7.5) ☐ Supervised

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Indiana [ZIP CODE]
Telephone: [________________________] Email: [________________________]
Capacity: Petitioner is the Executor designated in the Decedent's Last Will and Testament.
Relationship to Decedent: [RELATIONSHIP]

3. DECEDENT INFORMATION

4. JURISDICTION AND VENUE

a. Venue. Venue is proper in this Court under Ind. Code § 29-1-7-1, because the Decedent was domiciled in [COUNTY] County, Indiana at the time of death. (If the Decedent was not domiciled in Indiana, venue lies in any county where the Decedent left property; a description of the Indiana property to be administered is set out below per Ind. Code § 29-1-7-5(4).)

b. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____].
☐ The Decedent also executed [____] codicil(s) dated [__/__/____], offered for probate herewith.

c. ☐ If the Decedent was a nonresident, the property to be administered within this county is described as: [________________________________] (Ind. Code § 29-1-7-5(4)).

5. THE WILL OFFERED FOR PROBATE

a. The instrument offered for probate is the Last Will and Testament of the Decedent dated [__/__/____], consisting of [____] pages, together with any codicil(s) described above (the "Will").

b. Original lodged with the Court. The original Will is produced and filed with the Court. Under Ind. Code § 29-1-7-3, a custodian may deliver the Will and must do so upon written demand by the personal representative or court order.
☐ The Will is unwritten, lost, or was improperly destroyed or suppressed; a detailed statement of its provisions, so far as known, is attached (Ind. Code § 29-1-7-5(5)).

c. Proof of will (Ind. Code §§ 29-1-7-9, 29-1-7-13). Execution is established as follows:
☐ The Will is self-proved under Ind. Code § 29-1-7-13: it bears the acknowledgment of the Testator and the affidavits of the witnesses, made before a notary public (Ind. Code § 29-1-5-3.1 / § 29-1-5-3.2), and may be admitted to probate without further proof.
☐ The Will is proved by the sworn testimony or affidavit of at least one of the attesting witnesses (Ind. Code § 29-1-7-9).
☐ The attesting witnesses are unavailable; proof of handwriting/other competent evidence is offered (Ind. Code § 29-1-7-10).

d. Attesting witnesses:

e. The Will has not been revoked and was, to Petitioner's knowledge, the valid last Will of the Decedent in full force at the time of death.

6. DEVISEES, LEGATEES, AND HEIRS

The names and places of residence of each devisee and legatee under the Will, and whether each is an adult or a minor, so far as known or ascertainable with reasonable diligence (Ind. Code § 29-1-7-5(2)):

Heirs at law of the Decedent (for notice purposes and in case of partial intestacy), determined under Ind. Code § 29-1-2-1:

7. NOMINATION AND QUALIFICATION OF EXECUTOR

a. The Will designates [PETITIONER / NOMINEE FULL LEGAL NAME] as Executor. The name and place of residence or business address of the person designated as Executor is: [________________________________] (Ind. Code § 29-1-7-5(6)).

b. Issuance of letters. Upon admission of the Will to probate and qualification of the named Executor, the Court shall issue Letters Testamentary to the Executor (Ind. Code § 29-1-7-5; § 29-1-10-1).

c. Qualification (Ind. Code § 29-1-10-1). Petitioner is qualified and competent to serve, is not disqualified, accepts the trust, and will take the oath and discharge the duties of personal representative.

d. ☐ If the Will names no Executor, or the named Executor predeceased the Decedent, fails to qualify, or is disqualified, Petitioner seeks appointment as administrator with the will annexed, and states the following facts entitling Petitioner to appointment and Petitioner's relationship to the Decedent: [________________________________] (Ind. Code § 29-1-7-5(7)).

e. Attorney of record (Ind. Code § 29-1-7-5(8)). The name and business address of the attorney representing the personal representative is: [ATTORNEY NAME], [FIRM/ADDRESS].

8. BOND AND ADMINISTRATION

a. Bond (Ind. Code §§ 29-1-11-1 and 29-1-7.5-2.5). Petitioner requests that bond be addressed as follows:
☐ The Will requires bond; Petitioner will furnish bond in the amount fixed by the Court.
☐ The Will does not require bond, and Petitioner requests appointment without bond, subject to the Court's authority to require bond when necessary to protect creditors, heirs, legatees, or devisees.
☐ Petitioner is a nonresident and will satisfy Ind. Code § 29-1-10-1's acceptance, resident-agent, and bond requirements, subject to the Court's discretion under § 29-1-7.5-2.5(c) if unsupervised administration is granted.

b. Administration. Petitioner requests:
☐ Unsupervised administration under Ind. Code § 29-1-7.5 because the Will authorizes it or the statutory joinder, solvency, qualification, and informed-consent requirements are satisfied;
☐ Supervised administration.

Estimated bond amount, if any: $[________________]
Estimated value of the estate: $[________________]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that the Court:

a. Admit the Decedent's Last Will and Testament (and any codicil) to probate;

b. Find and adjudge that the Decedent died testate and that the Will is the valid last Will of the Decedent;

c. Appoint Petitioner as Executor (personal representative) of the estate;

d. Order the issuance of Letters Testamentary to Petitioner upon qualification;

e. Determine bond under Ind. Code §§ 29-1-11-1, 29-1-10-1, and 29-1-7.5-2.5;

f. Authorize ☐ unsupervised / ☐ supervised administration as requested above;

g. Grant such other and further relief as is just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], affirm under the penalties for perjury that the foregoing representations are true to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Indiana.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE / NOTICE

Notice of administration (Ind. Code § 29-1-7-7). After letters issue, publish the notice once each week for two consecutive weeks in a qualifying newspaper of general circulation in the county where the court is located, and file the notice and proof of publication within 30 days after publication. Serve the clerk-issued notice through Indiana's E-filing System or by first-class postage-prepaid mail on each heir, devisee, legatee, and known creditor whose name and address appear in the petition, unless the court orders otherwise.

Within one month after the first publication, or as soon as possible afterward, serve each unpaid creditor not listed in the petition who became known or reasonably ascertainable during that one-month period. That notice may be delivered by mail or another means reasonably calculated to ensure actual receipt. If such a creditor is not served within the first month, electronically file a new proposed notice for the clerk to issue; the creditor's claim period is then two months from service, subject to the nine-month bar after death. See Ind. Code §§ 29-1-7-7(d)-(g), 29-1-7-7.5. Where unsupervised administration is requested by joinder and consent, file the applicable documents under Ind. Code §§ 29-1-7-4.5 and 29-1-7.5-2.

☐ Proof of publication filed. ☐ Waivers of notice / consents to unsupervised administration filed.

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Indiana Attorney No.: [________________] (if attorney)
Firm / Address: [________________________________]
Telephone: [________________________] Email: [________________________]

12. ATTACHMENTS CHECKLIST

☐ Original Last Will and Testament (and any codicil) of the Decedent (Ind. Code § 29-1-7-3)
☐ Certified copy of the Death Certificate
☐ Self-proving clause/affidavit (Ind. Code § 29-1-7-13) or affidavit/testimony of attesting witness (§ 29-1-7-9)
☐ Statement of contents of a lost/unwritten/destroyed will (Ind. Code § 29-1-7-5(5)), if applicable
☐ Oath of Personal Representative / Acceptance of Appointment
☐ Consents to unsupervised administration / waivers of notice (Ind. Code § 29-1-7.5), if applicable
☐ Surety bond (Ind. Code §§ 29-1-11-1 and 29-1-10-1), if required
☐ Proposed Order admitting Will to probate and appointing Personal Representative
☐ Proposed Letters Testamentary
☐ Notice of administration for publication (Ind. Code § 29-1-7-7)
☐ Filing fee payment

SOURCES AND REFERENCES

• Ind. Code § 29-1-7-1 — Venue; transfer of proceedings.
• Ind. Code § 29-1-7-3 — Production of will; contempt.
• Ind. Code § 29-1-7-5 — Petition for probate; letters testamentary; administrator with will annexed; appointment; required contents.
• Ind. Code § 29-1-7-7 — Notice of administration.
• Indiana Code 2026, IC 29-1-7, reflecting P.L. 50-2025: https://iga.in.gov/ic/2026/Title_29/Article_1/Chapter_7.pdf
• Ind. Code § 29-1-7-9 — Admission to probate; proof of will.
• Ind. Code § 29-1-7-13 — Admission to probate; self-proved wills.
• Ind. Code § 29-1-7-15.1 — Determination of intestacy; presentation of will; time limits; sale of property.
• Ind. Code § 29-1-10-1 — Priority, qualification, and nonresident bond requirements.
• Ind. Code § 29-1-11-1 — Conditions requiring a personal-representative bond.
• Ind. Code § 29-1-7.5-2.5 — Bond in unsupervised administration.
• Ind. Code § 29-1-7.5 — Unsupervised administration.
• Ind. Code § 29-1-2-1 — Intestate succession / heirs.
• Indiana Probate Code, Ind. Code Title 29 — https://iga.in.gov/laws/current/ic/titles/29