Probate
Guiding you through loss.
Having to deal with legal matters is tough and doing so while grieving is a different type of challenge. Let us help take the load off of your shoulders when handling a loved one’s final matters.
We will guide you through each step of the process and make sure you know your role and responsibilities as Personal Representative.
Our Attorneys will work with the Personal Representative to both prepare and file legal documents with the court and ensure that your loved one’s estate is administered in accordance with the Indiana Probate Code.
Questions or concerns about Probate? Click the button to schedule your free consultation!
Probate FAQs
What exactly is Probate?
Probate is the process of wrapping up a loved one’s final matters after they have passed. This often includes establishing a personal representative, distributing inheritance, and paying final debts. Hoosiers can learn more about the Indiana Probate Code in Indiana Code Title 29, Article 1 (Ind. Code § 29-1).
What is a Personal Representative? I’ve only heard of Executor/Executrix.
In Probate, a Personal Representative and Executor/Executrix are generally the same. The Personal Representative has authority by a court to handle a deceased individual’s matters. The Personal Representative is usually a close relative of the deceased, or named in the deceased individual’s Last Will and Testament.
Why does a court have to be involved? I’m already named in the Will!
Being named in your loved one’s Will doesn’t automatically allow you to take from the estate. In Indiana, no Will is effective to prove ownership or title of assets until it has admitted to the court. You can find out more in Indiana Code Title 29, Article 1, Chapter 7, Section 24 (Ind. Code § 29-1-7-24).
Is it possible to avoid Probate?
Depending on the circumstances of the individual’s estate, it is possible to avoid most, if not all, of Probate. This entirely depends on the deceased individual’s Estate Plan, which can include trusts, certain contracts, or transfer-on-death (TOD) agreements and deeds.