Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Indiana law, verify if a decedent had a valid will or other estate planning documents by following these steps:
- Check personal papers. Search home files, desk drawers, or a home safe for original wills, trusts, powers of attorney, or advance directives.
- Contact the county probate court. Probate courts file wills admitted for probate. Visit the clerk of the circuit court in the decedent’s county of residence. Probated wills become public records under Indiana Code §29-1-5-1 (IC 29-1-5-1).
- Request a safe deposit box search. A personal representative or interested party may obtain a court order to open a safe deposit box under Indiana Code §29-1-8-1 and §29-1-8-2 (IC 29-1-8-1, IC 29-1-8-2).
- Check with attorneys and banks. The decedent’s estate planning attorney or bank may have copies of estate documents or records of where they are stored.
- Review digital assets. Search email accounts, cloud storage, or electronic vaults for scanned copies of wills, trusts, or related documents.
- Search will recording records. Although voluntary, a will may be recorded with the county recorder under Indiana Code §29-1-13-1 (IC 29-1-13-1).
Relevant Indiana Statutes
- Public record of wills: Indiana Code §29-1-5-1 (IC 29-1-5-1).
- Safe deposit box access: IC §29-1-8-1 and §29-1-8-2 (IC 29-1-8-1).
- Will recording: IC §29-1-13-1 (IC 29-1-13-1).
- Probating a will: IC §29-1-7-1 through §29-1-7-7 (IC 29-1-7).
Helpful Hints
- Ask close family members if they know of any estate planning attorney or storage location.
- Review financial statements for attorney or safe deposit box contacts.
- Check computers and smartphones for scanned documents or emails from an attorney.
- Document all searches and inquiries to track what’s been done.
- Consider consulting a probate attorney to guide you through the search and probate process.