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Marion County, IN Probate Information
Quick facts
| Item | Marion County detail |
|---|---|
| Court | Marion Superior Court, Probate Division, sitting as Marion Superior Court 8, courtroom D08. Estate cause numbers assigned to this court begin 49D08. |
| Filing office | Clerk of the Marion Circuit Court, Probate Department, Community Justice Campus, 675 Justice Way, Indianapolis, IN 46203. |
| Mailing | No separate probate mailing address is published. Use the Community Justice Campus street address for the probate counter. |
| Second clerk location | City-County Building, 200 E. Washington St., Suite W122, Indianapolis, IN 46204. This is a records, public-terminal and will-deposit location, not the probate filing counter. A will deposited before death may be deposited at either this location or the Clerk's office at the Community Justice Campus. |
| Clerk phone | (317) 327-4740 for the Clerk's Probate Department and filing questions. |
| Court phone | (317) 327-5063 for Marion Superior Court 8 and hearing questions. |
| [email protected] for the Clerk. [email protected] for Court D08 hearing questions. | |
| Fax | (317) 327-3893, published by the Clerk for the Community Justice Campus filing location. |
| Hours | The Clerk's divisions are open 8:00 a.m. to 4:30 p.m., Monday through Friday, except city-county holidays. The court's working hours are 8:00 a.m. to 4:00 p.m. |
| Estate case cost | $177 for a supervised or unsupervised estate on the Clerk's fee list effective July 1, 2024, reflecting the statewide probate costs fee and add-ons under IC 33-37-4-7 and IC 33-37-5. The Clerk lists $0, effective July 1, 2024, for a will or inheritance-tax filing without estate administration. |
| Local forms | Yes. Marion County has court MSCPR probate forms on https://www.indycourts.org/d08 and Clerk probate forms on https://www.indy.gov/activity/file-to-be-an-administrator-of-estate. |
| E-filing | Attorneys file through the Indiana E-Filing System. E-filing is mandatory for attorneys and optional but encouraged for unrepresented litigants under Ind. Trial Rule 87. Because Marion County requires an attorney of record for a personal representative, estate filings are ordinarily filed by counsel. |
| Case search | MyCase at https://public.courts.in.gov/mycase/. Search by the decedent's name or a 49D08 cause number. |
| Remote appearance | Indiana Administrative Rule 14 allows remote non-testimonial hearings at the court's discretion and keeps testimony hearings in person unless there is good cause or agreement. Ask Court D08 about the specific hearing. |
| Website | Probate Division: https://www.indycourts.org/d08. Clerk estate page: https://www.indy.gov/activity/file-to-be-an-administrator-of-estate. Indiana Judicial Branch county page: https://www.in.gov/courts/local/marion-county/. |
Before you begin — know the assets and liabilities
Before filing in Marion County, identify the probate assets, debts, beneficiaries, likely creditor issues and whether any real estate must be sold. The asset list controls whether the estate can use the small-estate affidavit route, whether supervised administration is needed, what bond the court may require, and whether an appraisal or market analysis must be filed before a supervised estate sells real property.
Sunset's asset discovery searches more than 2,300 financial institutions, which helps families build the asset picture before the attorney prepares the Marion County probate packet. Good asset and liability information also keeps estate settlement on track for Marion County's one-year closing expectation.
Which court handles jurisdiction
File a Marion County estate when the decedent was domiciled in Marion County at death. Indiana venue for probate of a will and administration of an estate is the county of domicile, or, for a non-Indiana domiciliary, a county where the decedent left property or where property later came (IC 29-1-7-1). The proceeding is one proceeding in rem (IC 29-1-7-2).
Marion County and Indianapolis have consolidated local government, but Marion County is one probate jurisdiction with one elected Clerk of the Circuit Court. The filing counter is the Clerk of the Marion Circuit Court at the Community Justice Campus, and estate administration is heard in the Marion Superior Court, Probate Division, sitting as Superior Court 8 in courtroom D08. The Clerk serves the Circuit Court and the Superior Courts in the county (IC 33-32-2-1).
Marion County is Judicial District 13, and the Indiana Judicial Branch county page lists Marion as the only county in that district. That district label is administrative and does not change the venue rule.
The jurisdiction process
- Retain an Indiana probate attorney. Marion County Local Probate Rule 402.1 requires every personal representative of an estate to be represented at all times by an attorney of record, and LR49-PR00 402.3 requires the attorney to supervise and guide the fiduciary unless the court permits withdrawal.
- Build the filing packet. The packet commonly includes the original will if there is one, a certified copy of the death certificate, the petition for probate of will and issuance of letters or the petition for letters of general administration, the Clerk's Oath of Personal Representative, MSCPR Form 401.1-A Application for Appointment of Personal Representative, proposed orders, proposed letters testamentary or letters of general administration, and MSCPR Form 412.2 or 412.3 Instructions to Personal Representative.
- Use the original-will rule. Marion County requires petitions to probate a will to be accompanied by the original will under LR49-PR00 401.2. If the will is offered electronically, MSCPR Form 401.2 must accompany the filing, and the original is retained until the estate is closed and the personal representative is released from liability, or the time to file a will contest has expired, whichever is later, tracking Ind. Trial Rule 87(E).
- File with the Clerk of the Marion Circuit Court. Attorneys file through the Indiana E-Filing System. The Clerk's Probate Department is at the Community Justice Campus, 675 Justice Way, Indianapolis, IN 46203, and the Clerk's divisions are open 8:00 a.m. to 4:30 p.m., Monday through Friday, except city-county holidays.
- Pay the estate case cost or identify a no-cost will-only filing. The Clerk lists $177, effective July 1, 2024, for a supervised or unsupervised estate, reflecting the statewide probate costs fee and add-ons under IC 33-37-4-7 and IC 33-37-5. The Clerk lists $0, effective July 1, 2024, for a will or inheritance-tax matter without estate administration. The Clerk accepts cash, money order payable to the Marion County Clerk, credit or debit card with a service charge, and an attorney's check. Personal checks are not accepted.
- Address bond. Corporate surety bond is the default in both supervised and unsupervised Marion County estates under LR49-PR00 407.1. If the will waives bond, the court still fixes a bond adequate to protect creditors and taxing authorities under LR49-PR00 407.4. If all distributees consent in writing to no bond, the court still decides whether to require one under LR49-PR00 407.6. In a solvent estate where the surviving spouse serves as personal representative and is the sole distributee, no surety bond is required under LR49-PR00 407.3.
- Receive letters. After the court appoints the personal representative, the Clerk issues letters testamentary or letters of general administration. Letters issued to a personal representative, attested by the Clerk and under the seal of the court, are conclusive evidence of authority until superseded or revoked (IC 29-1-10-4). Certified copies come from the Clerk.
- Publish and serve notice. Once letters issue, notice of estate administration is published once each week for two consecutive weeks, and proof of publication is filed with the Clerk within thirty days (IC 29-1-7-7). Notice is also served on heirs, devisees, legatees and known creditors as Indiana law requires.
- Handle the inventory within two months of appointment. In a supervised estate, the personal representative files an inventory and serves it on all known heirs, beneficiaries and distributees under LR49-PR00 408.1. In an unsupervised estate, the personal representative either files the inventory and serves it, or files a verified certification that the inventory has been prepared, is available on request, and that notice of that availability has been served under LR49-PR00 406.5.
- Set and serve any hearing. When a hearing is needed, the moving party is responsible for notice and proof of service under LR49-PR00 405.1, and the underlying petition or motion must be served with the hearing notice under LR49-PR00 405.2. The court publishes MSCPR Form 402.4, Notice to Court and Order Setting Hearing.
- Administer the estate. In an unsupervised estate, the court's involvement is usually limited to opening and closing, and estate property may be sold without court approval under LR49-PR00 406.6 and 406.7. In a supervised estate, accountings must use the court's three-schedule format, and a petition to sell real estate must include a written appraisal or market analysis by a qualified real estate professional unless the will expressly gives the power to sell without court approval under LR49-PR00 411.11.
- Close the estate. Marion County expects estate settlement to finish inside one year. A closing statement must be filed within one year after opening an unsupervised estate under LR49-PR00 415.4. In a supervised estate, the final account should be filed within one year of appointment unless good cause is shown under LR49-PR00 415.1. Failure to close or show cause can support removal and reduction or forfeiture of fees under LR49-PR00 415.5.
Executor duties
- Keep an attorney of record for the entire estate administration. Marion County requires it for every personal representative of an estate under LR49-PR00 402.1.
- Sign the court's Instructions form with the attorney before appointment and before letters issue. MSCPR Form 412.2 applies to supervised estates, and MSCPR Form 412.3 applies to unsupervised estates. No substitute form is accepted under LR49-PR00 412.2 and 412.3.
- Make the two-month inventory filing decision in an unsupervised estate. In Marion County, either the inventory itself or a verified certification about the inventory reaches the court under LR49-PR00 406.5.
- Immediately tell the court and the attorney in writing if the personal representative's address or appointment information changes, as required by LR49-PR00 404.
- Verify motions, petitions, inventories and accounts before a notary or with the Marion County perjury statement required by LR49-PR00 401.5.
- In a supervised estate, use the three-schedule accounting format and keep proof for each disbursement, because informal, handwritten or transactional accountings are not accepted under LR49-PR00 411.1 and 411.2.
- Plan for estate settlement within one year, or file the Marion County extension papers with an explanation, an estimated closing date and a partial-distribution proposal under LR49-PR00 415.
Forms and documents
Probate forms in Marion County
Marion County has two local probate form sets. The court's MSCPR forms are posted on the Marion Superior Court, Probate Division page at https://www.indycourts.org/d08. The Clerk's estate forms are posted on the Clerk's estate-administration page at https://www.indy.gov/activity/file-to-be-an-administrator-of-estate.
| Form source | What it includes | Local importance |
|---|---|---|
| Marion Superior Court, Probate Division | MSCPR Form 401.1-A Application for Appointment of Personal Representative, Form 401.2 Affidavit Regarding Original Will Offered for Probate Electronically, Proof of Lost Will and Affidavit, Form 402.2 Suggested Form of Attorney Fee Agreement, Form 402.4 Notice to Court and Order Setting Hearing, Form 412.2 Instructions to Personal Representative of Supervised Estate, Form 412.3 Instructions to Personal Representative of Unsupervised Estate, Form 413.4 Attorney's Affidavit Regarding Notice, Form 421.1 Affidavit for Transfer of Assets Without Administration, and LR49 Petition for Trial on Disallowed Claim. | The Instructions forms are mandatory before appointment and issuance of letters. No substitute form is accepted under LR49-PR00 412.2 and 412.3. |
| Marion County Clerk's Office | Petition for Appointment of Personal Representative, Oath of Personal Representative, Notice of Administration, Notice of Unsupervised Administration, Notice of Final Account, Claim Form, Claim Allowance Form, Instructions to File Claim, Letters of Administration, certified Letters of Administration, Letters Testamentary, and certified Letters Testamentary. | The Clerk's page is the practical filing page and points readers back to Court D08 for additional probate court forms. |
| Statewide estate form | Indiana Legal Help publishes the Coalition for Court Access small estate affidavit, CCA-EM-0722-5000. | It is not filed with the court. It is given to the bank or other holder when the IC 29-1-8-1 requirements are met. |
The Clerk's own starting instructions say to complete the Petition for Appointment of Personal Representative and the Oath of Personal Representative and to provide a certified copy of the death certificate. The local rules add the original will where there is one, the application form, proposed letters and orders, and the signed Instructions form.
Fees
| Fee or charge | Amount | Marion County note |
|---|---|---|
| Supervised or unsupervised estate case | $177, effective July 1, 2024, on the Clerk's fee list | The amount reflects the statewide probate costs fee and add-ons under IC 33-37-4-7 and IC 33-37-5. |
| Will or inheritance-tax matter without estate administration | $0, effective July 1, 2024, on the Clerk's fee list | This is the Clerk's local line for a will-only filing without estate administration. |
| Sheriff service of process | $28, effective July 1, 2017 | The statewide sheriff service fee is collected under IC 33-37-5-15 when sheriff service is requested. |
| Physical copies | $1 per page | Listed on the Clerk's copy schedule. Personal checks are not accepted. |
| Certification | $3 per document, effective July 1, 2021 | The Clerk charges the same certification amount regardless of the number of pages in the document. |
| Will deposit before death | $25 | The Clerk accepts paper wills for deposit before death at either the City-County Building, Room W122, or the Clerk's office at the Community Justice Campus. Paper copies only. |
The Clerk accepts cash, money order payable to the Marion County Clerk, credit or debit card with a service charge, and an attorney's check. Personal checks are not accepted.
Timeline
- Before appointment, the attorney files the petition, application, original will if there is one, certified death certificate, proposed letters and orders, and the signed Marion County Instructions form. The Instructions form must be filed before appointment and before letters issue under LR49-PR00 412.2 and 412.3.
- After letters issue, notice of administration is published once each week for two consecutive weeks, and proof of publication is filed with the Clerk within thirty days under IC 29-1-7-7.
- Within two months after appointment, the supervised-estate inventory is filed and served under LR49-PR00 408.1. In an unsupervised estate, the personal representative files either the inventory or the verified certification required by LR49-PR00 406.5.
- Creditor claims are forever barred three months after the first published notice or nine months after death, whichever is earlier, under IC 29-1-14-1. In Marion County, a claim that is disallowed or neither allowed nor disallowed within three months and fifteen days after first publication moves to a separate cause of action if the claimant pays the required new-case fee under LR49-PR00 414.2.
- No earlier than three months after first publication, an unsupervised estate may close by verified closing statement under IC 29-1-7.5-4.
- Within one year, Marion County expects the estate to close. A closing statement is due within one year after opening an unsupervised estate under LR49-PR00 415.4, and the final account in a supervised estate should be filed within one year of appointment under LR49-PR00 415.1.
- If a supervised estate needs more time, an intermediate account and Petition for Extension of Time should be filed within thirty days after the one-year mark, with the explanation, estimated closing date and partial-distribution proposal required by LR49-PR00 415.2 and 415.3.
Local nuance
Marion County-specific considerations
- Marion County is the Indiana county where the operating court is truly styled the Marion Superior Court, Probate Division. It sits as Superior Court 8, courtroom D08, and estate cause numbers begin 49D08.
- Every personal representative of an estate must have an attorney of record at all times under LR49-PR00 402.1.
- The court's probate rules are standing orders in probate matters filed in the Marion Circuit and Superior Courts, and compliance is required without another written order of the court under LR49-PR00 400.4.
- The signed Instructions form is mandatory before appointment and issuance of letters, and no substitute form is accepted under LR49-PR00 412.2 and 412.3.
- Corporate surety bond is the default in supervised and unsupervised estates. If a will waives bond, the court still fixes one to protect creditors and taxing authorities under LR49-PR00 407.4. If all distributees consent in writing to no bond, the court still decides whether to require one under LR49-PR00 407.6.
- In a solvent estate where the surviving spouse serves as personal representative and is the sole distributee, no surety bond is required under LR49-PR00 407.3.
- Even in an unsupervised estate, something about the inventory reaches the court within two months: either the inventory or a verified certification that it has been prepared and is available on request under LR49-PR00 406.5.
- In an unsupervised estate, the court does not issue an order approving the closing statement or discharging the fiduciary under LR49-PR00 406.7.
- In a supervised estate, a petition to sell real estate must include a written appraisal or market analysis by a qualified real estate professional unless the will expressly gives the power to sell without court approval under LR49-PR00 411.11.
- Marion County expects the estate to close within one year and provides a defined extension route under LR49-PR00 415.
Small-estate Alternatives
Marion County publishes its own Affidavit for Transfer of Assets Without Administration as Marion County Probate Form 421.1 on the Court D08 page. The form's head note tells the reader that the affidavit need not be filed with the court unless the person signing it wants to request a court order under IC 29-1-8-4.5.
For a death after June 30, 2022, the current statewide ceiling is $100,000 for the gross probate estate less liens, encumbrances and reasonable funeral expenses under IC 29-1-8-1. The Clerk's estate page describes the same test and says joint assets and beneficiary-designated assets are not included in that amount. Do not take the affidavit to the probate counter unless a court order is being requested.
Recent updates
| Update | Marion County detail |
|---|---|
| Probate location | The Marion County Courthouse at 675 Justice Way opened in April 2022 at the Community Justice Campus, and the Probate Division and Clerk's Probate Department are there now. |
| Clerk fee list | The Clerk's filing fees by case type are effective July 1, 2024, and list $177 for a supervised or unsupervised estate under IC 33-37-4-7 and IC 33-37-5, and $0 for a will or inheritance-tax matter without estate administration. |
| Certification charge | The Clerk charges $1 per page for physical copies. Certification is $3 per document, effective July 1, 2021, regardless of page count. |
| Sheriff service | The sheriff service of process fee is $28, effective July 1, 2017, under IC 33-37-5-15. |
Page last reviewed: August 2026.
Scenarios
| Situation | Marion County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | First identify whether the home passes outside probate and whether any other probate assets remain. If administration is needed, the spouse must have an attorney of record under LR49-PR00 402.1. Marion County's bond rule is favorable where the estate is solvent and the surviving spouse is both the personal representative and sole distributee: no surety bond is required under LR49-PR00 407.3. | Sunset helps find accounts, organize co-owned and beneficiary assets separately from probate assets, and prepare the attorney-ready packet for estate settlement. |
| Out-of-state adult child with small estate | If the gross probate estate, less liens, encumbrances and reasonable funeral expenses, is $100,000 or less for a death after June 30, 2022, the IC 29-1-8-1 affidavit may be presented to the bank or holder after the statutory wait, and Marion County Form 421.1 says it need not be filed with the court unless a court order is requested. If administration is needed, the nonresident personal representative uses the resident-agent and bond route under IC 29-1-10-1(d), and the attorney handles the Marion County filing. | Sunset helps decide whether the asset picture fits the affidavit route, gathers account information, and connects the family with a Marion County probate attorney when administration is required. |
| Parent settling predeceased child's estate, home must be sold | Move quickly if the house may need to be sold to pay non-lien debts or administration costs, because IC 29-1-7-15.1(b) ties that sale authority to filing the administration petition within five months after death and letters issuing within seven months after death. If the estate is supervised, Marion County requires a written appraisal or market analysis with the Petition for Sale unless the will expressly gives a power to sell without court approval under LR49-PR00 411.11. | Sunset helps identify debts and assets early, organize real-estate and account documents, and route the family to counsel who can manage the Marion County sale and closing requirements. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Marion Superior Court, Probate Division | Court D08 page with Marion County Local Probate Rules and the court's MSCPR estate and guardianship forms. The court says the materials are not a substitute for legal representation. | https://www.indycourts.org/d08 |
| Marion County Clerk's Office estate page | Clerk instructions for filing to be appointed personal representative, Clerk probate forms, fee information, small-estate information and will-deposit information. | https://www.indy.gov/activity/file-to-be-an-administrator-of-estate |
| Legal Resource Center, Marion County Courthouse | Room C045 on the fourth floor at 675 Justice Way. Court Navigators, who are not attorneys, provide legal information and access to court-approved forms. Open Monday through Thursday from 8:30 a.m. to 1:00 p.m. and 2:00 p.m. to 4:00 p.m., and Friday from 8:30 a.m. to noon. It cannot replace the attorney of record required for an estate. | https://www.indycourts.org/legal-resource-center |
| Indiana Judicial Branch, Marion County page | Judicial District 13, local rules, e-filing, MyCase and court statistics links. | https://www.in.gov/courts/local/marion-county/ |
| Indiana Legal Help, Estate topic | Coalition for Court Access estate materials, including the statewide small estate affidavit CCA-EM-0722-5000 and Probate FAQ and Small Estate FAQ pages. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| MyCase | Statewide public case search. Marion County estate cases appear as EU, ES or EM, and D08 cause numbers begin 49D08. | https://public.courts.in.gov/mycase/ |
| Indiana Legal Services, Indianapolis office | Free civil legal aid for eligible low-income Hoosiers. The Indianapolis office serves Marion County. Let intake decide whether the matter fits its services. | 1200 Madison Avenue, Suite 300, Indianapolis, IN 46225. (317) 631-9410. https://www.indianalegalservices.org/locations/ |
| Indianapolis Legal Aid Society | Free legal help for qualifying people, with published work including guardianship, adoption, family law, housing and protection of elderly and disabled people. Appointment required. | 615 N Alabama St #122, Indianapolis, IN 46204. (317) 635-9538. https://www.indylas.org/ |
| Indiana Free Legal Answers | Free confidential answers to civil legal questions from volunteer Indiana attorneys. | https://indiana.freelegalanswers.org/ |
| Indiana e-filing information | Indiana E-Filing System information, certified provider list, user guides and implementation schedule. | https://www.in.gov/courts/efiling/ |
When to hire an attorney
In Marion County, counsel is not just a good idea for most estate administrations. LR49-PR00 402.1 requires every personal representative of an estate to be represented at all times by an attorney of record, LR49-PR00 402.3 requires that attorney to supervise and guide the fiduciary, and the Court D08 page says its probate rules and forms are not a substitute for legal representation. Sunset connects families with a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset helps families identify bank, investment, insurance and other financial accounts so the Marion County attorney can decide whether the estate needs administration, can use a small-estate affidavit, or needs supervised court involvement.
Generate the probate packet. Sunset organizes the asset list, debt list, family information, will information and documents needed for estate settlement, so the attorney can prepare the Marion County petition, application, proposed letters, notices and court-specific forms.
Find a local probate attorney. Marion County requires an attorney of record for every personal representative of an estate. Sunset can connect the family to a vetted probate attorney who understands the Marion Superior Court, Probate Division, local rules and D08 filing practice.
Sunset is free for families. Families can use Sunset's asset discovery, organization tools and attorney-matching support at no cost.
Frequently asked questions
Where do I file probate in Marion County?
File with the Clerk of the Marion Circuit Court, Probate Department, at the Community Justice Campus, 675 Justice Way, Indianapolis, IN 46203. The case is heard in the Marion Superior Court, Probate Division, sitting as Superior Court 8 in courtroom D08.
Do I need a lawyer for a Marion County estate?
Yes, if you will serve as personal representative of an estate. LR49-PR00 402.1 requires every personal representative of an estate to be represented at all times by an attorney of record.
Can I file a Marion County estate online myself?
E-filing through the Indiana E-Filing System is mandatory for attorneys and optional but encouraged for unrepresented litigants under Ind. Trial Rule 87. Because Marion County requires a personal representative to have an attorney of record, the attorney ordinarily files the estate case.
What does a Marion County estate case cost?
The Clerk lists $177, effective July 1, 2024, for a supervised or unsupervised estate, reflecting the statewide probate costs fee and add-ons under IC 33-37-4-7 and IC 33-37-5. The Clerk lists $0, effective July 1, 2024, for a will or inheritance-tax matter without estate administration.
How do I look up a Marion County estate case?
Use MyCase at https://public.courts.in.gov/mycase/. Search by the decedent's name or by the cause number. Marion County estate cause numbers assigned to the Probate Division begin 49D08, and estate case types appear as EU, ES or EM.
Are there local probate forms in Marion County?
Yes. The court's MSCPR forms are on https://www.indycourts.org/d08, and the Clerk's estate forms are on https://www.indy.gov/activity/file-to-be-an-administrator-of-estate. The Marion County Instructions forms for supervised and unsupervised estates are mandatory before appointment and issuance of letters, and no substitute form is accepted under LR49-PR00 412.2 and 412.3.
Can I attend a Marion County probate hearing remotely?
Indiana Administrative Rule 14 allows a court to hold a non-testimonial hearing remotely at the court's discretion. A hearing where sworn testimony is taken is in person unless there is good cause or the parties agree. Ask Court D08 at (317) 327-5063 or [email protected] about the specific hearing.
Do I have to travel to Indianapolis if I live out of state?
Often the attorney can handle the filing electronically. A nonresident personal representative may serve by filing the required written acceptance, appointing an Indiana resident agent for service, and addressing bond under IC 29-1-10-1(d). Ask the court whether any particular hearing may be attended remotely under Ind. Administrative Rule 14.
How long does estate settlement take in Marion County?
Marion County expects estate settlement to finish inside one year. A closing statement must be filed within one year after opening an unsupervised estate under LR49-PR00 415.4, and a supervised estate's final account should be filed within one year of appointment unless good cause is shown under LR49-PR00 415.1.
Do I need a bond in Marion County probate?
Usually, yes. Corporate surety bond is the default in both supervised and unsupervised estates under LR49-PR00 407.1. If a will waives bond, the court still fixes a bond to protect creditors and taxing authorities under LR49-PR00 407.4. If all distributees consent in writing to no bond, the court still decides whether to require one under LR49-PR00 407.6. The clear exception is a solvent estate where the surviving spouse serves as personal representative and is the sole distributee under LR49-PR00 407.3.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.