Rule 88 - Demand for Notice(a) Preparation and Filing. A Demand for Notice shall set forth the name of the deceased, any known aliases, approximate date and place of death (if known), the nature of the interest of the demandant in the estate, and the address of the demandant or the demandant's attorney. The Demand for Notice shall be assigned a P. No. if no proceedings have been commenced for the deceased's estate or the P. No. for the deceased's estate if proceedings have already commenced. (b) Duty to Investigate: Demandant. Prior to filing a demand for notice in other than a pending probate proceeding, the demandant shall make a diligent search of the records of the circuit court in which the demand is being filed to determine whether probate proceedings have previously been filed. The Demand for Notice shall contain a statement that such search has been conducted. (c) Duty to Investigate: Petitioner. Prior to filing a petition to commence a probate proceeding, the petitioner shall make a diligent search of the records of the circuit court in which the petition is being filed to determine whether a demand for notice has been filed with respect to the deceased. (d) Validity of Demand. A Demand for Notice filed other than in a pending probate proceeding shall be effective for a period of five years from the date of filing. A Demand for Notice shall only be effective for the circuit in which it is filed. COMMENTARY:
This rule attempts to clarify the ambiguous status of a Demand for Notice and to make sure that demands are not lost in the system. This rule puts an equal burden on the demandant and the petitioner to check the court records for pending demands and proceedings since the deceased's death or for a five-year period, whichever is shorter. The court should not have to check the files to determine if demands have been made.