Disclaimer: This article provides general information about Indiana estate administration and does not constitute legal advice.
Detailed Answer
When a person dies owning property in multiple counties or jurisdictions, the personal representative must navigate Indiana and local probate rules. In Indiana, you file a single primary probate in the circuit or superior court of the decedent’s county of residence. This court governs all assets located in Indiana—even if those assets lie in different counties. (See Ind. Code §29-1-2-5.)
For assets located outside Indiana, you need ancillary administration in each state or jurisdiction where property lies. Ancillary administration ensures proper transfer under local law. (See Ind. Code §29-1-7.)
1. Identify and Inventory All Assets
Collect account statements, deeds, titles and appraisals. List each asset’s type, value and location.
2. Open Primary Probate in Indiana
File a petition with the court in the decedent’s last county of residence. Submit the will (if any), death certificate and bond (if required). Publish notice to creditors.
3. Address In-State Assets
The primary Indiana court handles all assets within state borders. File inventories and receipts with the same court, regardless of county location.
4. File Ancillary Proceedings for Out-of-State Assets
If the decedent owned property outside Indiana, file for ancillary administration there. Petition the local court, prove your Indiana appointment and post any required bond. (See Ind. Code §29-1-7-1.)
5. Qualify as Personal Representative in Each Jurisdiction
Qualify by filing letters testamentary or administration in each court. Each jurisdiction may require a separate bond or waiver.
6. Coordinate Notices and Filings
Serve notice to interested parties and creditors in each jurisdiction. File inventories, accountings and tax returns as local rules require.
7. Distribute Assets and Close Each Estate
Get court approval for distributions. Transfer title or ownership following local procedures. File final receipts and petitions to close the estate in each court.
Helpful Hints
- Keep a detailed asset ledger with location, value and classification.
- Check local rules early—deadlines vary by county and state.
- Get certified copies of your Indiana letters before ancillary filings.
- Track creditor claim deadlines in each probate.
- Consider hiring local counsel for complex out-of-state filings.
- Communicate clearly with beneficiaries about timelines and requirements.