Detailed Answer

Short answer: Yes — in Indiana you can often become the personal representative (sometimes called an executor or administrator) of your sister’s estate, but whether you will be appointed depends on (1) whether your sister left a valid will and named someone to serve, (2) the probate court’s priority rules if there is no valid nomination, and (3) whether you are legally qualified and free of disqualifying factors. This article explains how the process works, what courts look for, and the practical steps you’ll likely need to take.

What the court looks at first: will versus no will

If your sister left a valid will that names a personal representative: the court generally gives priority to the person she named. That person applies for appointment and, if the court accepts the will and the nominee is qualified, the court issues Letters Testamentary that authorize that person to act for the estate.

If your sister died intestate (without a valid will): Indiana law uses a statutory priority list to decide who can be appointed. Surviving spouse and children typically have higher priority. Siblings are often eligible if there are no surviving spouse, children, or parents entitled to appointment, or if persons with higher priority do not apply or waive their priority. The probate court follows these legal rules when appointing an administrator.

For the statutes governing probate procedure and appointment rules see Indiana Code, Title 29 (Probate). You can review the code online: https://iga.in.gov/legislative/laws/2024/ic/titles/029

Who is disqualified or may be refused?

Minors (under 18) generally cannot serve.
Persons lacking legal capacity (e.g., not mentally competent) may be disqualified.
Some convictions or conflicts of interest can make the court refuse appointment or require additional protections (bond, supervision).
If someone else has a superior statutory right or the will names someone else, the court will usually follow that preference unless there is good cause to do otherwise.

Common documents and proofs you’ll need to apply

Original will (if any).
Certified copy of the death certificate.
A petition for appointment (filed in the probate court of the county where your sister lived).
A list of heirs or next of kin and their contact information (to provide notice).
Bond or a request to waive bond (some wills waive bond; the court can also set or waive bond depending on circumstances).

Typical steps to become personal representative in Indiana

Locate the will and original important documents (if one exists).
Contact the probate clerk in the county where your sister lived and ask about filing a Petition for Administration or for Letters Testamentary. The clerk can give local forms and filing requirements.
File the petition, pay any filing fee, and submit the death certificate and original will (if present).
Serve or otherwise notify heirs and interested persons as required by the court.
Attend any hearing the judge schedules. If there is no contest and you qualify, the court will issue Letters of Administration or Letters Testamentary authorizing you to act.
Once appointed, you will inventory assets, pay debts and taxes, and distribute assets under the will or under Indiana’s intestacy rules. You must also file required reports and accountings with the court.

Bond, compensation, and supervision

The court may require a bond (insurance protecting the estate from misconduct or mistakes). A will can waive bond for a nominated representative, or the court can set a lower bond. The personal representative is entitled to reasonable compensation for work performed; amount and method of payment depend on the estate’s size and local practice.

When family members contest appointment

Family members can contest who should be appointed. Common reasons include a belief that the nominated person is unfit, that the will is invalid, or that a higher-priority heir should serve. If a contest arises the court will hold a hearing and decide based on evidence and the law.

Practical considerations and responsibilities

Serving as personal representative is a responsible job. Typical duties include locating assets, securing property, notifying creditors, paying valid debts and taxes, filing inventories and accountings, and distributing property according to the will or Indiana intestacy law. Missteps can lead to personal liability, so many people hire a probate attorney or at least consult one.

Where to learn more and find forms: Review Indiana’s probate statutes at the Indiana General Assembly site: https://iga.in.gov/legislative/laws/2024/ic/titles/029 and contact the probate clerk in the county where your sister lived for local filing forms and instructions.

Important: This explanation is an overview. Specific requirements and procedures (filing forms, notice rules, bond rules, timelines) can vary by county and by whether the estate uses informal administration or a formal probate proceeding.

Disclaimer: This information is intended to educate and is not legal advice. Laws change and every situation has unique facts. Consult a licensed Indiana probate attorney or the local probate clerk to get legal advice tailored to your situation.

Helpful Hints

If there’s a will, find the original quickly and do not alter it; the original will speeds probate.
Call the local county probate clerk before you file — they can tell you the correct courthouse, forms, and fees.
Ask whether the will waives bond. If it does, the court may still require bond in certain situations — be prepared to discuss bond with the clerk or judge.
Collect basic documents early: death certificate, bank statements, titles, insurance policies, and any lists of debts or account logins your sister kept.
Notify potential heirs and creditors promptly to avoid delay and penalties.
Keep careful records and receipts for all estate transactions; you’ll need them for accountings and to avoid personal liability.
Consider hiring a probate attorney if the estate is large, includes real estate in multiple jurisdictions, if family relationships are strained, or if there are tax or creditor complexities.
If you’re unsure whether you qualify (age, criminal history, etc.), raise that question with the probate clerk or an attorney before filing.