Detailed answer — What you need to know and do

When someone dies intestate (without a valid will) in Indiana, the probate court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute property according to Indiana law. The steps and legal rules below explain how a sibling can qualify and seek appointment under Indiana probate law (see Indiana Code Title 29: Probate). For the full statutory text, consult Indiana Code Title 29: https://iga.in.gov/legislative/laws/2024/ic/titles/29.

1) Confirm intestacy and basic facts

• Verify there is no valid will. A will might be filed with the county probate court or kept with the decedent’s attorney or among their papers.
• Find the decedent’s county of residence at time of death. You must file in that county’s probate court.
• Gather basic documents: certified death certificate, identification for yourself, and information about the decedent’s assets, debts, and surviving relatives.

2) Who has priority to serve as administrator?

Indiana law specifies a priority order for appointment when there is no will. Typical priorities include a surviving spouse and descendants (children), then parents, then siblings, and then other heirs. A sibling can usually be appointed when there is no surviving spouse, no surviving descendants, and no eligible parent, or if those higher-priority persons decline or are unavailable. See Indiana Code Title 29 for the probate appointment and intestacy rules: https://iga.in.gov/legislative/laws/2024/ic/titles/29.

3) Eligibility requirements

• Age and capacity: You generally must be an adult (18+) and have the mental capacity to serve.
• Legal disqualifications: Certain incapacities or criminal convictions can disqualify you; the court will review your fitness to serve.
• Residency: Being a resident of Indiana is not always required, but the court will consider convenience, conflict of interest, and the best administration of the estate.

4) Filing a petition for appointment

1. File a petition for appointment of a personal representative in the probate court of the decedent’s county. The court’s clerk can provide local filing forms and a filing fee schedule. Indiana Courts provide probate self-help resources here: https://www.in.gov/judiciary/selfservice/probate/.
2. Attach the certified death certificate and a signed statement of heirs (or list of next of kin) and any required information about assets or creditors.
3. Provide notice to interested persons (heirs and next of kin) as required by court rules. The court will instruct you on the required notices and timelines.

5) Court review, hearing, and issuance of letters

The court reviews petitions and may hold a hearing if there is a dispute. If the court appoints you, it will issue formal documents (often called “Letters of Administration” or “Letters of Personal Representative”) that authorize you to act for the estate—collect assets, deal with financial institutions, and pay debts.

6) Duties and responsibilities after appointment

• Inventory: Identify and inventory estate assets.
• Notice and claims: Notify creditors and publish notice if required. Pay valid debts and taxes in the priority order set by law.
• Distribution: Distribute remaining assets to heirs according to Indiana’s intestacy rules (descent and distribution under Title 29).
• Accounting and closure: Provide required accountings and seek a final court order closing the estate once administration tasks are complete.

7) What if someone objects or multiple siblings want to serve?

If two or more people with equal priority file, the court decides who will serve—often preferring the person best able to administer the estate (availability, impartiality, and competence are factors). If a higher-priority person is available but declines or is unsuitable, a sibling may be appointed. If an interested person objects, the court schedules a hearing to resolve the dispute.

8) Timing and costs

Probate timelines vary. Simple intestate estates can close within months; complex estates or contested matters take longer. Expect filing fees, possible bond requirements (the court may require a probate bond as insurance), publication costs, and attorney fees if you hire counsel.

Hypothetical example (illustrative)

Jane and Maria are adult siblings. Their brother, Tom, died without a will and had no spouse or children. Their parents predeceased Tom. Jane petitions the probate court in the county where Tom lived. Maria agrees Jane should be appointed. The court reviews Jane’s petition, issues letters of administration, and Jane inventories Tom’s bank accounts and personal property, notifies creditors, pays valid debts, and distributes remaining property to Tom’s heirs (Jane and Maria) under Indiana intestacy rules.

Helpful hints

• Start by locating the certified death certificate; the probate court will require it.
• Contact the probate court clerk in the county where the decedent lived for local forms, fee amounts, and procedural requirements.
• Gather a basic family tree (surviving spouse, children, parents, siblings) — courts use this to determine heirs.
• If multiple people want to serve, communicate early. An uncontested appointment is faster and cheaper.
• Ask the court about bond requirements; sometimes a bond can be waived if heirs agree or state law permits.
• Keep detailed records and receipts; you will likely need to provide accountings to the court and heirs.
• Consider attorney help for complex estates, disputed claims, real estate, or unfamiliar tax issues. Many attorneys offer limited-scope help if you only need assistance with specific tasks.
• Use official resources: Indiana Code Title 29 (Probate) at https://iga.in.gov/legislative/laws/2024/ic/titles/29 and Indiana Judiciary probate self-help pages at https://www.in.gov/judiciary/selfservice/probate/.