This FAQ explains the documentation an executor must gather to respond to a creditor’s settlement demand in Indiana probate. It summarizes statutory requirements under Indiana Code and practical steps. Disclaimer: This is not legal advice.
Detailed Answer
Executor’s Authority and Estate Records
- Letters of Administration or Testamentary (court appointment documents).
- Original death certificate.
- Valid will and any codicils.
- Preliminary inventory or schedule of assets filed with the court.
Creditor Claim and Supporting Evidence
- Creditor’s written demand or claim form.
- Copies of invoices, promissory notes, or contracts underlying the debt.
- Proof of goods delivered or services rendered.
Financial Records and Asset Documentation
- Bank statements showing account balances at date of death.
- Real estate deeds and title documents.
- Vehicle titles and registrations.
- Retirement account statements and beneficiary designations.
- Outstanding mortgage or lien statements.
Statutory Deadlines and Notices
Under Ind. Code §29-1-7-10, creditors must present claims within three months after the date proof of publication is filed. You must review and respond to valid claims within the timeframe set by the court.
Helpful Hints
- Organize documents chronologically for easy review.
- Keep original records and maintain certified copies.
- Store digital backups on secure, encrypted drives.
- Consult the probate court clerk for local filing requirements.
- Consider hiring a probate attorney for complex estates.