Navigating the Probate Process in Indiana: 8 Questions to Ask Your Lawyer

In Indiana, probate is required when a person dies owning assets in their name alone. Probate is the legal procedure through which a deceased person’s assets are distributed according to their will or, if there is no will, state law. Here are some answers from a probate lawyer in Dyer, IN, to questions that often arise around probate.

What Does the Probate Process Involve?

The probate process is initiated by filing the will of the deceased with the local court so that the person named in the will can be appointed as the personal representative, or executor, of the estate. If no will exists, an heir can initiate probate, and Indiana law will determine how assets are distributed. The personal representative must file key documents with the court, pay the deceased’s debts out of the estate, and then distribute assets to the heirs.

Can Probate Be Avoided?

Some assets can bypass probate if they were jointly owned or had designated beneficiaries, such as life insurance policies or retirement accounts. Indiana also allows for a simplified process called “small estate administration” for estates under a certain value.

What Are the Responsibilities of the Executor?

An estate executor is responsible for collecting and creating a list of all assets owned by the deceased. They must file several documents with the court, including the will of the deceased (if one exists) and the petition to probate the estate. After that, the executor must settle the deceased’s debts using the estate’s assets, and then distribute the remaining assets to the heirs.

How Long Will Probate Take?

Probate in Indiana can vary greatly in length depending on the size and complexity of the estate. A small estate might be settled in a matter of months, while a larger estate with more complicated issues could take a year or more.

How Are Debts and Taxes Handled?

Debts and taxes must be paid out of the estate’s assets, before the estate is distributed to the heirs. In Indiana, creditors have three months from the date they are notified of the death to file claims against the estate. Indiana has no inheritance tax, but any taxes on income in the last year of the deceased’s life and income during the estate administration must also be paid out of the estate.

What Happens If There Is No Will?

If the deceased passed away without a will, known as dying “intestate,” Indiana law dictates how the estate will be distributed. The court will appoint an executor, and the assets will be divided according to the state’s intestacy laws.

Can Anyone Contest the Will?

Even if there is a valid will, it’s possible for someone to contest it during probate. Common reasons for contesting a will include allegations of undue influence, lack of capacity, or improper execution.

What Happens After Probate Is Complete?

After the probate process is finished, the estate’s assets are distributed according to the will or state law. Depending on the estate, the executor may still have loose ends to tie up, such as transferring property titles or closing accounts.

If you need help with probate or have additional questions, contact Tanzillo, Stassin, & Babcock, P.C. in Dyer, IN for guidance through every step.

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