Detailed answer — what you must do to be appointed administrator of an intestate estate in Indiana
If your sister died without a will (intestate) and you want to be appointed to manage her estate, you must ask the probate court in the county where she lived to appoint you as the personal representative (often called the “administrator”). Below is a clear, step‑by‑step explanation of what that process usually looks like in Indiana and what the court will expect.
1. Confirm there is no valid will
Check for any will. If a will exists and nominates a personal representative, the court will normally follow the will. If there is truly no will, the estate is intestate and the court will follow Indiana’s probate laws (Title 29 of the Indiana Code) to decide who may be appointed and how assets pass. See Indiana Code, Title 29 (Probate): https://iga.in.gov/laws/2024/ic/titles/029.
2. Determine the proper county and probate court
File in the probate court of the county where your sister was domiciled (her usual legal residence) when she died. If you are unsure of domicile, contact the county clerk or probate division for guidance.
3. Who has priority to be appointed?
Indiana law gives priority to certain relatives when appointing a personal representative. Courts generally prefer the decedent’s surviving spouse, then children, then parents, then siblings, and then other next‑of‑kin. If a higher priority person is willing and available, they usually will be appointed instead of a sibling. If you are the highest‑priority willing person (for example, there is no surviving spouse, no children, and no surviving parents), you can petition to be appointed.
4. File a petition for appointment (petition for letters of administration)
You must file a formal petition with the probate court asking the judge to appoint you as personal representative (often titled “Petition for Appointment of Personal Representative” or “Petition for Letters of Administration”). The petition typically asks the court to:
- Find that the decedent died intestate (no will).
- Identify the decedent’s heirs (names and addresses of next of kin).
- Request issuance of letters of administration so you can act for the estate.
The court clerk can tell you the exact form and filing fee for your county. Many counties have fillable forms or checklists on their website.
5. Notice to heirs and possible hearing
After you file, the court will require notice to interested persons (other heirs). If someone with higher priority objects, the court will hold a hearing to decide who should be appointed. If there is no objection and you are qualified, the judge will usually appoint you.
6. Bond requirement
Indiana courts often require a fiduciary bond (insurance that protects the estate) before issuing letters of administration. The court can set the bond amount based on the estate’s value. In some cases, heirs may waive the bond requirement in writing, which avoids the cost of bonding. Discuss bond options with the clerk or an attorney before the hearing.
7. Letters of administration and your duties
If the court appoints you, it will issue “letters of administration” (proof of authority). With those letters you must carry out duties including:
- Locate and secure assets (bank accounts, real estate, personal property).
- Provide notice to creditors and evaluate claims against the estate.
- Inventory estate assets and file required inventories with the court.
- Pay valid debts, taxes, and funeral expenses from estate assets.
- Distribute remaining assets to heirs under Indiana’s intestacy rules.
- Keep accurate records and file final accounting with the court when the estate is ready to close.
8. Timeframe and costs
Timeframes vary. If there are no disputes and you have the necessary documents, appointment can happen in a few weeks. Complex estates or contested appointments take months. Anticipate court filing fees, possible bond costs, publication costs, and (if you hire a lawyer) attorney fees. The estate pays many of these costs from estate assets.
9. When to consider an attorney
If heirs dispute the appointment, the estate has significant assets, complicated creditor or tax issues, or potential creditor litigation, consult a probate attorney. An attorney can prepare the petition, advise on bond, draft waivers, and represent you in court. If the estate is small and unanimous heir agreement exists, you may be able to proceed without counsel.
Key Indiana resources
- Indiana Code, Title 29 (Probate): https://iga.in.gov/laws/2024/ic/titles/029
- Indiana Judicial Branch — self help and probate information (local court forms and clerk contacts): https://www.in.gov/judiciary/self-help/
Disclaimer: This information is educational and not legal advice. It explains general Indiana probate practice. For advice about your specific situation, consult a licensed Indiana attorney or the local probate court.
Helpful hints
- Before filing, check with the county probate clerk for the exact petition form and filing fee for that county.
- Gather the decedent’s single most important documents: death certificate, any bank statements, titles, insurance policies, and contact information for close relatives.
- Prepare a clear heir list (names, addresses, phone numbers) to attach to the petition so the court can give proper notice.
- Ask other likely heirs if they will sign a written waiver of bond to avoid the bonding expense.
- Keep detailed records and receipts of everything you do as administrator — the court will require accountings.
- Notify Social Security, banks, and insurance companies about the death; many institutions require certified letters of administration before they release funds.
- If you expect creditor claims, publish the notice required by the court and keep proof of publication.
- If significant assets, real estate, or disputes exist, get a consultation with a probate attorney early — a short consultation can prevent costly mistakes.
- Be prepared for timelines: probate usually takes months, sometimes longer if taxes or disputes arise.