Probate in Indiana | IN Legal Resources | FastCounsel

Indiana: Mortgage Payments and Utilities During Probate — FAQ

Detailed Answer When someone dies in Indiana and their estate goes through probate, the estate’s property does not become ownerless. The personal representative (sometimes called an executor or administrator) steps in to manage estate assets, protect property, and pay valid debts and expenses out of estate funds. That general duty affects both mortgage payments on […]

Read article →

Indiana: What to List on a Small Estate Affidavit — Which Assets to Include or Omit

Detailed Answer This FAQ explains how to decide which assets to list on an Indiana small estate affidavit and which assets you can generally omit or report as zero. It assumes you are preparing an affidavit under Indiana’s small estate procedures. This is educational information only and not legal advice. What is a small estate […]

Read article →

How to Open an Estate for a Sibling’s House in Indiana (No Will)

How to open an estate for a sibling’s house in Indiana when there is no will Short answer: In Indiana, real estate owned solely by your deceased sibling generally must go through probate administration unless title already passes by joint ownership, a transfer-on-death deed, or another non‑probate device. Probate starts in the probate court of […]

Read article →

Indiana — When to Include Survivorship (Joint) Assets on a Probate Inventory

How Indiana treats property that passed by right of survivorship when preparing a probate inventory This FAQ-style article explains how assets that passed automatically to a surviving co‑owner are treated for probate inventory purposes in Indiana and what practical steps to take. This is educational information and not legal advice. Detailed answer — overview and […]

Read article →

Finding a Missing Parent During Probate in Indiana

Detailed Answer When a potential heir (a parent) cannot be located while an estate is in probate in Indiana, you must both make a reasonable, documented search and follow Indiana probate procedures so the court can approve administration and eventual distribution. Below are clear, practical steps and legal points to help you proceed. 1. Confirm […]

Read article →

Indiana: How to Confirm a Bank Account Meets the Small‑Estate (Affidavit) Limit

How to Confirm Whether a Bank Account Qualifies for Indiana's Small‑Estate Affidavit Short answer: Identify who legally owns the account, gather recent statements, check for payable‑on‑death or joint owner designations, and total the decedent's personal property located in Indiana. If the total qualifying personal property falls at or below the small‑estate threshold in Indiana law, […]

Read article →

Using a Small Estate Affidavit in Indiana to Claim a Deceased Parent's Bank Account

Disclaimer: This is general information, not legal advice. I am not a lawyer. Laws change and every case is different. For advice about your specific situation, consult a licensed Indiana probate attorney or the local probate court. Detailed Answer — How the small‑estate affidavit process generally works in Indiana A small‑estate affidavit is a simplified […]

Read article →

Indiana Guardianship: Person vs. Estate — Do You Need Separate Appointments?

Quick answer In Indiana, appointment as guardian of the person does not automatically make you guardian of the estate (the ward’s property or finances). The court must separately appoint a guardian of the estate (sometimes called guardian of the property). A single person can be appointed to serve in both roles, but each role is […]

Read article →

Indiana: When an Estate Must File Federal Tax Returns if No Distributions Were Made

Detailed Answer — Federal Filing Requirements for an Estate with No Distributions (Indiana) Short answer: Even if an estate makes no distributions, the estate may still need to file federal tax returns. There are two separate federal filing obligations to consider: (1) the federal estate (death) tax return (Form 706) and (2) the estate’s income […]

Read article →

How to Transfer Brokerage Assets into an Estate Checking Account in Indiana

How to move brokerage assets into an estate checking account under Indiana law Summary: When someone dies, assets in a brokerage account do not automatically become part of an estate checking account. The steps depend on how the account was titled, whether a beneficiary designation exists, and whether a probate administration is required. Below is […]

Read article →