The Indiana Probate Process: What Happens After a Loved One Passes Away

When someone passes away, their estate may need to go through the probate process.
Here is an overview of how the probate process works in Indiana and what you can
expect.

Probate is the legal process used to administer and distribute a person’s estate. In
Indiana, probate is handled by the circuit or superior court in the county where the
deceased person resided at the time of their death. The process involves identifying the
deceased person’s assets, paying any debts or taxes for the deceased person, and
distributing assets to beneficiaries. Whether probate is required depends on the nature
and value of the assets in the estate.

If the deceased left a valid will, it is submitted to the court for approval, and the person
named in the will as the personal representative, manages the estate and distributes
assets to the named beneficiaries. If the deceased did not leave a will, the court
appoints a personal representative based on a legal order of priority, and the estate is
distributed according to Indiana’s intestate succession laws. In either case, the personal
representative is responsible for gathering the estate’s assets, notifying creditors,
paying debts and expenses, and distributing the remaining property to beneficiaries or
heirs.

In Indiana, an estate could be administered with or without strict supervision by the
court. In a supervised estate, the personal representative must get court approval
before taking most actions, such as selling property or distributing assets to
beneficiaries. In an unsupervised estate, the personal representative has more authority
to manage the estate without prior court approval, though they still remain accountable
to the beneficiaries and the court. Unsupervised administration is more common and is
usually faster and less expensive.

The probate process also includes a period during which creditors may file claims
against the estate to receive payment for outstanding debts. The personal
representative must then review and either approve or deny each claim. If there is a
dispute over a claim, court intervention may be necessary.

Not all assets go through probate. Assets that pass outside of probate include property
held in a trust, assets with designated beneficiaries such as life insurance policies and
retirement accounts, jointly owned property, and assets with transfer-on-death
designations. Proper estate planning can reduce probatable assets or avoid probate
altogether.

If a loved one has recently passed away and you need guidance on administering their
estate, or if you want to plan ahead to minimize or avoid the probate process for your
own family, the attorneys at McNeelyLaw can help. Contact us today to schedule a
consultation.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of
any specific facts or circumstances. The contents are intended for general informational
purposes only, and you are urged to consult your own lawyer on any specific legal questions
you may have concerning your situation.